A.

Whenever a yard or open area is created, the area shall be landscaped within six months from the date occupancy (depending upon seasonal conditions) and shall be reasonably maintained. In the event that an existing yard or area lacks groundcover the property shall be landscaped to prevent washing, blowing and shifting of soil.

B.

Minimum landscaping shall be natural ground covering material of sufficient density to prevent the washing, blowing and shifting of soil.

C.

Landscaping is exempt from permit requirements of this article, provided that it is not structural in nature.

A.

Any person desiring to build or cause to be built a fence upon property shall first apply to the zoning administrator for a permit. The permit application shall contain information and drawings required to determine compliance with this Ordinance. A fee shall be paid at the time of application. All fences permits shall require proof of pins placed by a licensed land surveyor when property lines are in question at the discretion of the zoning administrator.

B.

The following requirements shall apply:

1.

Within the front yard setback, open constructed fences shall not exceed four feet and solid constructed fences shall not exceed three feet in height. Open constructed fences shall be defined as: a fence in which at least two-thirds of the area between the grade level and the top cross member (wire, wood, or other material) is open.

2.

Within the rear or side yard setback, the maximum height of a fence shall be six feet, without restriction on open or closed construction.

3.

Living fences are permitted to a maximum height of four feet in the front yard setback and six feet in the rear and side setback areas. In the vision triangle at the intersection of the streets that border the corner lot, the maximum height for a fence is three feet from the grade of the adjoining street surface.

4.

Fences for the express purpose of retaining or excluding animals may be a height not to exceed six feet and shall have clear visibility through it (such as a chain link fence).

5.

All fences must be located on the private property of the person, firm or corporation constructing the fence, and shall be placed at least 12 inches from the property line, unless otherwise permitted by section 902(B)(6). No fence shall be constructed or placed upon any property within five feet of the curb or shoulder of a street or alley where there is no public sidewalk.

6.

Fences located on the property line may be erected by written agreement between property owners. The agreement shall become part of the permit application.

7.

The boards, wire or other materials used in the building of the fence shall be fixed to the side of the posts nearest to the property dividing line. That side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or the public right-of-way.

8.

No fence shall obstruct the vision of motorists entering any street or other public way open to vehicular traffic from an adjacent driveway. Clear vision shall be maintained at three feet from the grade of the street or alley for a continuous length of 15 feet from the curb or shoulder of the intersecting street or alley.

9.

Fences shall be constructed to posts sunk in the soil at least three feet or at least 18 inches into concrete.

10.

Fences designed for agricultural purposes in the RR and RP Districts may constructed of barbed wire, electrified materials or a single strand of any material and are exempt from the above provisions with the exception of section 902(B)(7).

11.

Fences may not be installed, constructed or maintained on rights-of-way or any properties not owned by that person.

C.

Exempt fences: The following fences are exempt from permit requirements, and at the discretion of the zoning administrator, from the provisions of this article, provided that they are not so constructed as to obstruct the vision triangle or to create other hazards to public safety:

1.

Temporary fences constructed of materials approved by the zoning administrator and not in excess of six feet which are erected at a construction site for the purpose of security and protection.

2.

Fences erected at the order of the zoning administrator for the protection of the public.

3.

Decorative fences located at least five feet from the property line.

4.

Fences protecting gardens may be up to eight feet in height provided they are a minimum of five feet from any property line.

5.

Fences constructed for public utilities.

D.

Fences must be maintained so not to endanger life or property. Fences constructed of barbed wire, or a single strand (but not gates or fence openings) of any material is allowed only in the RR and RP Districts. No fence, except located in the RR and RP Districts shall be constructed or maintained in such a fashion that it is charged or connected with an electrical current in such a manner as to transmit the electrical current to person, animals or things which intentionally or unintentionally might come in contact with it. Both sides of any fence shall be maintained in a condition of reasonable repair and appearance by its owner. Any fence which, through lack of repair, type of construction or otherwise imperils life or property, shall be deemed a nuisance. The zoning administrator shall notify the owner of the property on which the fence is located of the existence of the nuisance and require the nuisance be abated within six days of receiving such a notice.

E.

The use of barbed wire above six feet, not to exceed eight feet from grade is allowed in the B-3, B-4 and I Districts where there are unique or exceptional circumstances. Site plan approval is required for the use of barbed wire in the B-3, B-4 or I Districts.

A.

Obscuring fences or walls shall be provided and maintained for those uses and districts listed below, where such uses and/or districts abut or are adjacent to a residential district. These requirements do not apply if the use is more than 200 feet from the residential district boundary.

B.

All fences and/or walls constructed as required by this section shall require a zoning compliance permit. The permit application shall specify the materials, location, entrance ways, basic design, and any other information required for the zoning administrator to evaluate compliance with the intent of this section.

C.

Fences and/or walls constructed in accordance with this section shall not be allowed to fall into disrepair.

D.

Greenbelts, hedges, or naturally-occurring wooded areas may be substituted for a fence or wall required under this section upon approval of the zoning board of appeals.

A.

When a planting screen, buffer or greenbelt is required by this Ordinance, such planting screen, buffer or greenbelt shall be in accordance with the requirements of this section. Planting screens, buffers or greenbelts shall be of sufficient length to interfere with the view thereof from the adjoining property, except where the view is blocked by a change in grade or other natural or man-made features. Where, because of intense shade or soil conditions, the planting screen cannot be expected to thrive, a six foot high fence whether it be an opaque wooden fence, a chain link fence with interwoven slats or a masonry wall may be substituted upon approval by the zoning board of appeals.

B.

All planting screens required by this Ordinance shall be maintained in a healthy condition and so pruned as to provide maximum opacity from the ground to a height of five feet.

C.

Spacing of plant materials shall be in accordance with the following standards:

1.

Plant materials shall not be closer than four feet from the fence line or property line.

2.

Where planting materials are planted in two or more rows, plantings shall be staggered in rows.

3.

Evergreen trees shall be planted not more than 30 feet on centers.

4.

Narrow evergreens shall be planted not more than three feet on centers.

5.

Deciduous trees shall be planted not more than 30 feet on centers.

6.

Tree-like shrubs shall be planted not more than ten feet on centers.

7.

Large deciduous shrubs shall be planted not more than four feet on centers.

D.

Plant materials used shall have the following height at planting:

E.

When possible, trees from the U.S. Forest Service-Dickinson County native tree species list shall be used for planting.

F.

The following trees: Box Elder, Poplars, Ailanthus (Tree of Heaven), Horse Chestnut, Catalpa, Jack Pine are not permitted to be used as a planting screen.

G.

All plantings required by this Ordinance shall be established prior to occupancy or commencement of use. Where compliance is not possible because of the weather the zoning administrator shall grant an appropriate delay. Any zoning compliance permit may be revoked, after 30 days written notice to the person assessed for taxes on the affected lot and to the occupant, whenever plantings are not maintained as required in this Ordinance.

H.

No planting screen shall be planted in rights-of-way or on any properties not owned by that person. In the vision triangle at the intersection of the streets that border the corner lot, the maximum height for a planting screen is three feet from the grade of the adjoining street surface.