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PROPOSED LANGUAGE <br />Sec. 30-796. Fences; visibility at intersections and driveways. <br />(a) Height restrictions. In any residential zone on any lot, no fence or planting shall rise over 2 <br />1 /2 feet in height above the level of the public sidewalk or curb of street within ten feet of <br />the front property line. <br />(b) Height of fencer in .ride and frontyardr. No fence in a front yard or along a side line of a lot <br />in a residential zone, other than a retaining wall, shall be higher than six feet in height unless <br />the adjoining lot is not in a residential zone. Construction of a fence exceeding six feet in <br />height requires a building permit. <br />(c) Height of fencer in rearyard. No fence higher than eight feet may be located in a required <br />rear yard in a residential district, unless the adjoining lot is not in a residential zone. <br />Construction of a fence exceeding six feet in height requires a building permit. <br />(d) General requirements for fences. <br />(1) Location. Any fence shall be located entirely upon the private property of the person <br />constructing or causing the construction of such fence unless the owner of the adjoining <br />property agrees, in writing, that such fence may be erected on the division line of the <br />respective properties. The director of planning or their designee may require the owner of <br />the property upon which a fence exists to establish the boundary lines of the property by a <br />survey thereof. <br />(2) Construction and maintenance. <br />a. Every fence shall be constructed in a complete and substantial manner and of materials <br />reasonably suited for the purpose fox which the fence is proposed to be used. <br />b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be <br />constructed or continue which is dangerous to the public safety, health, or welfare as <br />determined by the director of planning or their designee. <br />c. Electric fences, barbed wire fences and barbless wire fences shall be permitted only in <br />the A-1 and R-1a zoning districts when related to farming, but not as boundary fences. <br />(3) Finished side offence to face adjoining property. If the material used in the fence construction <br />is not finished on both sides, the finished side of the material shall be on the outside, facing <br />the abutting or adjoining properties, and all posts or structures supporting the fence shall be <br />on the inside of the fence. <br />(4) a. All below ground pools ~ shall be enclosed with a fence <br />that is a minimum four feet high and includes lockable gates. The fence shall be installed <br />prior to filling the pool. Fencing shall be chain link, vertical pickets or solid. Spaces between <br />the bottom of the fence and the ground or between the pickets shall not exceed four inches. <br />b. All above ground pools that require a building permit shall have access controlled with a <br />means to prevent access into the above ground pool when unoccupied. Failure to prevent <br />access into an above ground cool when unoccupied is a misdemeanor.'~~ --~~'~~~~-' --~~'- <br />(Code 1982, ~ 900.20(6); Ord. No. 03-10, ~ 1, 6-16-2003; Ord. No. 04-15, ~ 1,10-18-2004) <br />