Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Fences
17.91 Fences defined.
For the purpose of this article, the following terms shall have the meanings indicated:
A fence constructed to enhance the appearance of the structure or landscape.
A fence placed along the property lines of adjacent properties.
A fence not exceeding a height of 42 inches from ground level, made of material other than wire, 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 block, concrete, or privacy pattern).
[Amended 12-1-2004 by Ord. No. 2004-25]
Any construction of wood, metal, wire mesh, masonry, or other material, erected for the purpose of assuring privacy or protection.
A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary. Hedges may be planted no closer than 18 inches to the lot line.
A fence constructed to enclose a hazard to the public health, safety and welfare.
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.
17.92 Permit required.
A building permit shall be required for the construction of any fence.
17.93 Location and height of fences and hedges.
(1)
A fence or wall may be erected, placed, or maintained along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no fence or wall that is located in a required front or corner side yard shall exceed a height of 48 inches. Where such lot line is adjacent to a nonresidentially zoned property, there shall be a ten-foot limit on the height of a fence or wall along such lot line.
[Amended 7-1-2020 by Ord. No. 2020-09]
(2)
No fence or wall shall be erected, placed or maintained along a lot line on any business or industrially zoned property, adjacent to a residentially zoned property, to a height exceeding 10 feet.
(3)
In any residential district, no fence or wall shall be erected, constructed, or maintained to height exceeding three feet above the street grade nearest thereto, within 25 feet of the intersection of any street lines or of street lines project.
(4)
Only decorative fences are allowed in front or corner side yards, other than corner lots when a conditional use has been granted per § 17.16(8).
[Added 12-1-2004 by Ord. No. 2004-25; amended 7-10-2019 by Ord. No. 2019-03]
(5)
All hedges are permitted, except that no hedge may be established and maintained so as to create a traffic visibility hazard for vehicles or pedestrians as determined by the Zoning Administrator or designee. Hedges that may adversely impede visibility which are located near public and private streets, drives, alleys, driveways, walks, paths, or other vehicle or pedestrian facilities, shall be trimmed to a height of 30 inches or less above the grade of the affected vehicle or pedestrian facility.
[Added 12-1-2004 by Ord. No. 2004-25]
17.94 Setback for residential fences.
[Amended 12-1-2004 by Ord. No. 2004-25]
Fences in or adjacent to a residential property shall have a minimum six-inch side and rear yard setbacks. Fences may be constructed parallel to lot lines.
17.95 Security fences.
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 woven wire or wrought iron fencing.
17.96 Prohibited fences.
[Amended 12-1-2004 by Ord. No. 2004-25]
No fence shall be constructed which conducts electricity or is designed to electrically shock or which uses barbed wire; 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 in height and project toward the fenced property and away from any public area.
17.97 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.
17.98 Temporary fences.
Fences erected for the protection of planting or to warn of construction hazard, 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 this article. 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.
17.99 Nonconforming fences and hedges.
Any fence or hedge existing on the effective date of this chapter and not in conformance with this article may be maintained, but any alteration, modification or improvement of said fence shall comply with this article.