For the purposes of this article, fences are hereby classified under the following types:

Type 1: Masonry walls.

Type 2: Ornamental iron.

Type 3: Woven wire or chain link

Type 4: Wood picket (more than 50% open)

Type 5: Solid fences (wood or metal or other material less than 50% open).

(Ord. 1194, Sec. 1)

No person shall install, erect or substantially replace any fence or plant any hedge without first having obtained a permit authorizing the work to be done. Application for a permit shall include the location and legal description of the property, name of the record owner of the property, name of permittee, classification and height of fence, location as shown on a plot plan, estimated cost and estimated time of completion. A fee of $15.00 shall be charged for such a permit.

(Ord. 1194, Sec. 1; Code 2006)

Fences and hedges located within any residential zone shall conform to the following requirements:

(a)   Front Yard. Front yard fences and hedges erected in front of the front line as defined in Article 2 “Zoning Regulations” of Chapter 16, “Zoning and Planning” of the Code of Ordinances of the City of Hoisington shall be of any class and shall not exceed a height of three feet; provided woven wire or chain link fences may be erected to height of four feet where their erection and subsequent maintenance does not present an obstruction to vision or create a hazard to vehicular traffic. Fences and hedges on corner lots in which the rear yard abuts the front yard of the adjoining lot shall conform to requirements for front yards fences and hedges for such part of the fence or hedge as abuts the adjoining front yard.

(b)   Side Yard. Side yard fences and hedges erected in back of the front yard building line and within the required side yard of the lot as defined in the zoning regulations of the city may be of any class not over six feet in height to the rear of the neighboring dwelling, or to the rear of the dwelling located on the same sides as the fence or whichever is the greater distance from the front property line; provided that their erection and subsequent maintenance does not present an obstruction to vision that creates a hazard to vehicular traffic. Back of this point such side yard fences and hedges may be built to a height of 6 1/2 feet.

(c)   Rear Yard. Rear yard fences and hedges erected along the rear property line may be of any class and may be built to a height of 6 X feet, except as provided by section 4-803(b).

(d)   Prohibited Fencing. No barbed wire or other sharp pointed fence shall be erected or maintained in the city unless specifically authorized under certain conditions in this article.

(e)   Fences on Retaining Walls. In case of a fence or hedge erected on top of a retaining wall, the height shall be measured from the grade of the low side; provided that in any case, a fence of Class 2, 3, 4, or 5 may be erected on top of a retaining wall to a height not to exceed three feet above the grade of the high side.

(f)   Retaining Walls: Design. Retaining walls shall be adequately designed and drained so as to resist all lateral pressure to which they may be subjected. Retaining walls shall not be erected in any front yard when, in the opinion of the building inspector, such retaining wall would be unsightly or detrimental to adjoining property. Nor shall such retaining wall be built higher than the grade of the ground on the high side of the wall when such would exceed the height allowed for a Class 1 fence, which height is measured from the low side of the wall.

(g)   Appeal; Waive Requirements. When, in the judgment of the joint planning commission/board of zoning appeals, the public health, safety, and welfare would be substantially served and the neighborhood property would not be materially damaged, or in case of an agreement between neighboring property owners, a certified copy of which shall be filed with the joint board, it may, in its discretion, give relief from the requirements herein except those unlawful acts as provided in section 4-8088 of this article.

(Ord. 1194, Sec. 1)

Commercial or industrial fences may be of any class and the height thereof shall not exceed 10 feet; provided, that when such fences are built in requirement building setback or yards as set forth in the zoning regulations of the city, they shall be governed by the requirements as set forth in this article. Barbed wire or similar materials may be used at a height of not less than seven feet above grade, unless otherwise provided in this article.

(Ord. 1194, Sec. 1)

Fences shall be kept in repair and any dilapidated, dangerous or unsightly fence shall be removed or repaired when so ordered by the building inspector.

(Ord. 1194, Sec. 1)

Any fence, wall or hedge here and after erected or maintained contrary to the provisions of this article is hereby declared to be a nuisance and shall be removed or repaired by the owner thereof or by the person occupying the premises on which it is located within five days after receipt of notice from the building inspector to repair or remove the same.

(Ord. 1194, Sec. 1)

Nonconforming fences which may be continued:

(a)   The following lawful nonconforming fences may be continued:

(1)   A fence which existed prior to the effective date of Ordinance No. 1194.

(2)   A fence existing at the time of an annexation.

(3)   A fence existing at the time an amendment is made to the zoning ordinance which changes such land to the more restricted district.

(b)   The lawful use of a fence located upon any land, except as provided in section 4-804, may be continued although such fence does not conform with the provisions of this article. Such fence may be continued if no structural alterations are made except those required by law or ordinances. The foregoing provisions shall also apply to any fences which may be made nonconforming by any subsequent amendment or change of this article.

(c)   A nonconforming fence, in the opinion of the building inspector, has been damaged to the extent of more than 50 percent of its structural value by fire, explosion, act of God, or the public enemy shall not be restored except with the provisions of this article.

(Ord. 1194, Sec. 1)

It shall be unlawful and in violation of this article for any person to do any of the following acts:

(a)   Erect or Maintain. No person shall erect or maintain any fence or hedge for the definite purpose of annoying any other person or for the purpose of injuring another by obstructing the view, shutting out natural light, hindering ventilation or causing inconvenience in any other manner.

(b)   Electric Fence. No person shall erect or maintain an electrically charged fence.

(c)   Erect or Maintain on Utility Easement or Public Right-of-Way. No person shall erect or maintain any privately owned fence, hedge, tree or structure on any right-of-way or easement granted or dedicated to the city for public utility or street purposes, including but not limited to sewer pipes and drains, gas or water pipes and lines, power or electric cables and lines, telephone and television cables and lines, and all necessary appurtenances thereto.

(d)   Barbed Wire Enclosure. No person shall make any enclosure by means of barbed wire, except when the same is installed at a height of seven feet or more as authorized by section 4-804 of this article.

(e)   Failure to Comply. No person shall fail to comply with any other order issued by the building inspector, or his or her designee, pursuant to regulations contained in this article.

(f)   Inspection. The building inspector shall inspect all fences installed or erected and hedges planted for compliance with the regulations of this article.

(Ord. 1194, Sec. 1)

If for reason any section, subsection, sentence, clause or phrase of this article is declared to be unconstitutional or invalid, such decision shall not affect the validity of any remaining section, subsection, sentence, clause or phrase of this article.

(Ord. 1194, Sec. 2)

Private swimming pools having a water depth of two (2) feet or more shall be separated from the remainder of the yard by a protective fence or other permanent structure at least four (4) feet in height. The protective enclosure shall be maintained by locked gates. or entrances when the pool is not tended by a qualified and responsible person.

(Ord. 1351)