B.
An alternative form may be approved where the Code Enforcement Officer
finds that the proposed form complies with the intent of the provisions
of this chapter and that the form requested is at least the equivalent
to the industry standard in appearance, quality, strength, effectiveness,
durability and safety.
A.
Approved materials.
(1)
Fences shall consist of industry standard materials normally manufactured
for, used and recognized as fencing materials such as:
(2)
An alternative material may be approved where the Code Enforcement
Officer finds that the proposed material complies with the intent
of the provisions of this section and that the material requested
is at least the equivalent of the industry standard in quality, strength,
effectiveness, fire resistance, durability and safety.
B.
Prohibited materials. The following fencing materials are specifically
prohibited:
(1)
Barbed or other sharp-pointed fencing materials;
(2)
Spiked fences less than six feet in height;
(3)
Tarps;
(4)
Canvas;
(5)
Cloth;
(6)
Electrically charged fences;
(7)
Poultry fences;
(8)
Turkey wire;
(9)
Expandable fences and collapsible fences, except during construction
of a structure; or
(10)
Materials, such as, but not limited to, scrap wood, metal panels,
extrusions, stampings, forging or other materials of a similar nature
that are not intended for use as a fence.
Fences shall be installed with the structural members or framing
directed inward towards the fence owner's property.
A fence and its components shall be erected within an owner's
yard and shall comply with the following:
A.
MHWL. The minimum setback distance of a fence to the MHWL shall be
25 feet.
B.
Public right-of-way. The minimum setback distance of a fence to any
public right-of-way shall be 10 feet.
C.
Unobstructed sight distance. No fence shall be located in the visibility
triangle that shall obstruct the visibility of drivers between a height
of three feet and 10 feet, which is illustrated in Diagram No. 197-12C.
Diagram No. 197-12C. Unobstructed Sight Distance.
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(1)
Visibility triangle. At an intersection of two or more public roads,
the visibility triangle is the triangular area formed by the public
right-of-way and a line connecting them at points a minimum of 30
feet from the intersection of such rights-of-way, which is illustrated
in Diagram No. 197-12C(1). Depending on the curvature and grade of
intersecting public roads, the authority having jurisdiction may require
a larger triangular area.
.tif.png "197-12C(1).tif")
Diagram No. 197-12C(1). Visibility Triangle.
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A.
Lakefront property. The maximum height of a fence shall be four feet
at a lakefront property.
B.
Residential property. At residential properties, fences that are
located within the front yard shall be limited to four feet in height.
In side and rear yards, fences shall be limited to six feet in height.
Please refer to Diagram No. 197-13B as it pertains to the maximum
fence height at a residential property.
Diagram No. 197-13B. Maximum fence heights at residential
properties.
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C.
Other types of property. The maximum height of a fence shall be six
feet at any other types of property such as but not limited to commercial
and industrial.
The owner is responsible to ensure that a fence will not violate
a land restriction recorded against the property's deed of record.
Every person who owns a fence shall maintain such fence in a
good state of repair. The term "good state of repair" means that:
A.
The fence is complete, stands in a vertical position and is securely
anchored;
B.
Wooden fence components below the ground surface are treated appropriately
to prevent rot prior to installation; and
C.
There are no fence components which are broken, rusted, rotted or
otherwise in a hazardous condition.
