The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Decorative fence means 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).

Fence means 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 the term "decorative fence."

Hedge means a row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

Picket fence means 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.

Retaining wall means 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 division.

(Code 1986, § 10-1-130)

No fence or portion or 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 rear and side yard lot lines provided there is a minimum two-foot setback, but shall not extend into the front setback area as extended to the side lot lines.

(Code 1986, § 10-1-131)

(a)

Residential fences. Residential fences are permitted with a two-foot rear and side setback from property lines 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.

(b)

Security fences. Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten 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 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 ten 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.

(Code 1986, § 10-1-132)

The height and setback for hedges shall be the same as outlined for fences in sections 62-602 and 62-603; 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 lawn area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained.

(Code 1986, § 10-1-133)

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 sections 62-602 and 62-603. The issuance of a permit shall not be necessary for temporary fences as described herein, but the fences shall not be erected for more than 45 days.

(Code 1986, § 10-1-134)

Any fence or hedge existing on the effective date of the ordinance from which this division is derived and not in conformance with this division may be maintained, but no alteration, modification or improvement of same shall be permitted unless as a result of such alteration, modification or improvement the fence shall comply with this section.

(Code 1986, § 10-1-135)

(a)

Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Private swimming pool means any pool, pond, lake or open tank, not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1½ feet.

(b)

Exempt pools. Storable swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and that are so constructed that it may be readily disassembled for storage and reassembled to its original integrity, are exempt from the provisions of this section.

(c)

Requirements. All private swimming pools shall meet the following requirements:

(1)

The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

(2)

It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than the minimum lot and yard setback requirements as specified for the district in which the pool is located, except that the minimum rear yard requirement may be 15 feet.

(3)

A wall or fence at least 60 inches high and not more than six feet from ground level shall be constructed so as to prevent uncontrolled access to the pool by children from the street or from adjacent properties. The fence material shall be a durable wood or chain-link type so as to make access difficult. The fence shall enclose all private combination, diving, swimming, and limited purpose pools. The entrance to the pool area may be provided through a bathhouse or gate. The gate shall be equipped with a self-closing device and provided with a locking device. Such gate shall be kept locked when the pool is not in use.

(4)

The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top outer edge of the raised deck. Where pool ladders are provided, they shall be a type that can be removed when the pool is not in use.

(5)

All electrical service to swimming pool areas shall be in compliance with the requirements of section 680(1-47) of the National Electrical Code.

(6)

Water connections and all plumbing work shall be approved by the building inspector and shall comply with all requirements of the state plumbing code.

(7)

Such pool shall not occupy more than 65 percent of the rear yard and shall conform to permitted accessory use requirements regarding side and rear yard distance to lot lines.

(Code 1986, § 10-1-136)

(a)

Accessory buildings in residential districts. An accessory building attached to the principle building, on a lot, shall be made structurally a part thereof, and shall comply in all respects with the requirements of this division applicable to the principal building. Breezeways, for the purposes of this division, as an attachment between the garage and the main building shall be considered as part of the main building, but breezeways shall not be considered as constituting dwelling space.

(b)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(c)

Percentage of required rear yard occupied. No detached accessory building shall occupy more than 30 percent of the area of the required rear yard. Any accessory building in a residential district which exceeds four automobile stalls or 800 square feet of floor area shall first obtain a conditional use permit.

(d)

Height of accessory buildings in required rear yards. No detached accessory building located in a required rear yard shall exceed 15 feet in height.

(e)

Location in residential districts.

(1)

No accessory building in a residential district shall be erected in any yard except a rear yard, and all accessory buildings shall be located not less than ten feet from all lot lines and from any other building or structure on the same lot; except as provided in subsections (f) and (g) of this section.

(2)

When an accessory building is a part of the main building, or is substantially attached thereto or lies within ten feet of an exterior wall of the main building, the side yard and rear yard requirements for the main building shall be applied to the accessory buildings.

(f)

Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided as follows:

(1)

That such private garage shall be located not less than five feet from the front lot line;

(2)

That the floor level of such private garage shall be not more than one foot above the curb level; and

(3)

That at least one-half the height of such private garage shall be below the mean grade of the front yard.

(g)

In commercial and industrial districts. All accessory buildings shall be located no less than five feet from the side and rear lot line.

(h)

Prohibited structures and uses. Cargo containers, railroad cars, truck vans, converted manufactured homes, travel trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used as accessory storage buildings on property zoned residential or on a property where the primary use is residential.

(Code 1986, § 10-1-137; Ord. No. 2021-03, 7-21-2021)

(a)

No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days, from the date of its delivery.

(b)

Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this section shall not include hedges and other vegetation.

(c)

All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.

(d)

Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code and state law.

(e)

Not more than 15 percent of the side or rear yard may be used for storage of firewood at any one time.

(Code 1986, § 10-1-138)