Ordinance No. 131 Consolidated Land Use Ordinance - Updated January 2025

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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 75 2. The side of the fence considered the “face’ (i.e. the side having no structural supports) shall face abutting property or the public or private right-of-way. 3. Both sides of the fence shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become or remain in a condition of disrepair or danger or constitute a nuisance, public or private. 4. No physical damage of any kind shall occur to abutting property during fence construction. 5. All fences shall be constructed inside the property lines of a lot. If corner property stakes cannot be readily identified, a certificate of survey and setting of corner property stakes is necessary before fence construction starts. 6. All man-made fences shall consist of materials comparable in grade and quality to the following: decorative masonry, wrought iron or wood, provided the surfaces are finished for exterior use, or wood of proven durability such as cedar or redwood is used. 7. Chain link fences shall only be used for dog confinement areas (six (6'0") foot maximum height), around swimming pools or spas four (4'0") foot maximum height) or for tennis courts (twelve (12'0") foot maximum height) in rear and side yards only. Chain link fences which need additional height or for other uses or placement shall require a Conditional Use Permit. 8. Fences, utilized for the protection of gardens, crops and shrubs from deer and other wildlife which are setback a minimum of twenty-five (25'0") feet from any property line, are at least eighty (80%) percent open and not greater than six (6'0") feet in height and are limited to specified areas requiring protection, shall be exempt from any City review or processing requirements. 9. It is recommended that all fences be screened with trees or shrubs to buffer views, neighboring property or public right-of-way, or to generally ensure aesthetic quality and compatibility with the natural character of the community. 2. Specific Fence Standards. Fences may be allowed in the City of Gem Lake subject to the following standards: 1. Split rail fences not exceeding forty-eight (48") inches in height are permitted anywhere within the property lines of a lot located within the City. Location of the fence in relation to the property line as described in 16.13.1.5 must be followed. 2. Except as may be provided herein, fences up to six (6'0") feet in height and no more than eighty (80%) percent solid matter shall be permitted along the boundaries of the side and rear yard of a lot on a permanent basis. Location of the fence in relation to the property line as described in 16.13.1.5 must be followed. 3. Fences not exceeding six (6'0") feet in height, in areas other than for residential areas of the City, may be permitted in front of the front building lines as established by the primary structure on the lot, where required for screening of adjacent property. 4. On corner lots, no fence greater than thirty (30") inches high shall be located in the sight visibility triangle on the corner of the lot defined as within twenty (20'0") feet of the lot corner formed by any two streets or within fifteen (15'0") feet of any street right-of-way. 5. All swimming pools must be completely enclosed with a safety fence at least four (4'0") feet in height which shall completely enclose the pool. This fence shall be as described in Section 16.14.3. A temporary fence as described in 16.14.3.3 shall be installed and shall be in-place before the pool is filled. 6. All outdoor spas shall have either a fence or a latchable cover, as described in 16.14.3.4 7. Freestanding stone, brick, stucco, concrete, wood or other walls, not required as retaining structures, are considered fences under this section of this Ordinance. 8. There are no height restrictions on natural hedges or plantings utilized as fences in any residential zoning district except no plantings greater than thirty (30") inches high shall be located in the sight visibility