Webster Village City Zoning Code
ARTICLE X
Fences and Hedges
§ 298-69 Definitions.
As used in this article, 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 a 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 article.
§ 298-70 Fence setback in residential districts.
[Amended 3-13-2024]
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 with a maximum height of 36 inches. 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.
§ 298-71 Fence standards.
A.
Residential fences are permitted on the 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 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 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 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.
§ 298-72 Hedges.
The height and setback for hedges shall be the same as outlined for fences in §§ 298-70 and 298-71 hereof; provided, however, that 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.
§ 298-73 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 §§ 298-70 and 298-71. 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.
§ 298-74 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 no alteration, modification or improvement of the same shall be permitted unless as a result of such alteration, modification or improvement said fence shall comply with this article.
§ 298-75 Private swimming pools.
A.
Definition. A private swimming pool, as regulated herein, shall be 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 18 inches.
[Amended 3-13-2024]
B.
Exempt pools. Storable swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 18 inches and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section.
[Amended 3-13-2024]
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.
[Amended 3-13-2024]
(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 is 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 Director of Public Works and shall comply with all requirements of the State Plumbing Code.
(7)
Such pool shall not occupy more than 65% of the rear yard and shall conform to permitted accessory use requirements regarding side and rear yard distance to lot lines.