Iron Ridge City Zoning Code
ARTICLE X
Fences and Hedges; Swimming Pools
§ 365-76 Definitions; fences and hedges.
As used in this section, the following terms shall have the meanings indicated:
A fence not exceeding a height of 36 inches from ground level, made of material other than wire, metal, chain or poured concrete, and constructed in a substantially open pattern (such as a weave or board-and-space pattern) and not solid pattern (such as a block, concrete, or privacy pattern).
Any enclosure or barrier, solid or otherwise, made of wood, iron, stone or other material, as around or along a yard, walkway, field, or other area, and shall include "decorative fence."
A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.
A fence having a pointed post, stake, pale or peg placed vertically with the point or sharp part pointing upward to form a part of the fence.
A solid barrier of any material constructed to hold back a mass of earth. A retaining wall shall be considered a fence for purposes of this section.
§ 365-77 Fence setback in residential districts.
No fence or portion of a fence shall be constructed within the front setback area of a building; provided, however, that a decorative fence may be constructed in the front setback area. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.
§ 365-78 Fence standards.
A.
Residential fences are permitted in residential districts but shall not in any case exceed a height of six feet; shall not exceed a height of four feet in the street yard, and shall not be closer than two feet to any public right-of-way. Residential fences shall have a two-foot rear and side yard setback from a property line.
[Amended by Ord. No. 11-2006]
B.
Security fences are permitted on the property lines in all districts except residential districts but shall not exceed 10 feet in height and shall be of an open type, similar to woven wire or wrought iron fencing.
C.
Prohibited fences. No fence shall be constructed which is a barbed wire fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or higher and project toward the fenced property and away from any public area.
D.
Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.
§ 365-79 Swimming pools; swimming pool fences.
A.
Permit required. No swimming pools shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a building permit and without being in conformity with the provisions of this chapter.
B.
Fencing required. Every person who owns, operates, uses, has custody or control of, or has the right to use any swimming pool located in the Village shall erect and maintain a fence or barriers around such swimming pool to prevent children from falling into such swimming pool subject to the following specifications:
(1)
Permanent pools shall be completely isolated from adjoining properties by a fifty-inch-high fence which must be constructed and maintained in good state of repair and appearances;
(2)
Aboveground pools must have pool side walls or fencing completely surrounding it or a combination thereof which total a minimum of 40 inches in height above grade. Pools with access ladders must have ladders removed when not in use. Pools with decks must have lockable gates/doors to prevent access from the outside with the same forty-inch height guidelines followed.
[Amended by Ord. No. 3-2003]
(3)
Portable pools over one foot in depth must be drained, fenced, or covered and any ladders or equipment to gain access be removed in such a manner as to provide public safety after each day's use.
[Amended by Ord. No. 3-2003]
C.
Location and yard requirements. No swimming pool shall be erected to the front or side of the residence of the owner or occupant of the premises connected therewith; no swimming pool shall be constructed on property which would make them incapable of conforming to present requirements.
D.
Restrictions on operation and maintenance. No private swimming pool shall be operated or maintained so as to create a nuisance, hazard, eyesore or otherwise result in a substantial adverse effect on neighboring properties or otherwise be detrimental to public health, safety and welfare. Any pool not meeting these requirements shall be removed and the yard brought back to grade.
[Amended by Ord. No. 3-2003]
E.
Sanitation. A private swimming pool and its appurtenant facilities shall be kept clean and in sanitary condition.
[Amended by Ord. No. 3-2003]
§ 365-80 Hedges.
The height and setback for hedges shall be the same as outlined for fences in §§ 365-77 and 365-78 hereof; provided, however, hedges three feet in height or less, from sidewalk level, may be kept in the front setback area, and provided further that no hedge shall be permitted in the tree lawn area or, where no tree area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained.
§ 365-81 Temporary fences.
Fences erected for the protection of planting, or to warn of construction hazards, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in §§ 365-77 and 365-78. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.
§ 365-82 Nonconforming fences and hedges.
Any fence or hedge existing on the effective date of this Code of Ordinances and not in conformance with this article may be maintained, but no alteration, modification or improvement of same shall be permitted unless as a result of such alteration, modification or improvement said fence shall comply with this section.