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Sec. 78-1405. - Nonencroachments. <br /> (a) The following shall not be considered to be encroachments on yard setback <br /> requirements: <br /> �$) <br /> Fences erected in all zoning districts are considered as a nonencroachment <br /> when they conform to the following standards: <br /> a. Nonlakeshore lots. <br /> 1. Fences and walls within a required front yard or side street yard shall not <br /> exceed a height of 42 inches above original grade. <br /> 2. Fences and walls within a required rear or side yard shall not exceed a <br /> height of six feet above original grade. <br /> b. Lakeshore lots. <br /> 1. Fences within the required street (rear) yard or side street yard of a <br /> lakeshore lot shall not exceed 42 inches above original grade. Exception: A <br /> fence not exceeding six feet in height may be located along the street lot line <br /> of a lake frontage lot which abuts a major thoroughfare. A rnajor thoroughfare <br /> for purposes of this section means any county road or state highway. If such <br /> fence involves fill or berming, the total combined height of both fence and fill <br /> shall not exceed six feet above the height of the crown of the major <br /> thoroughfare. <br /> 2. Fences within the required side yard of a lakeshore lot shall not exceed six <br /> feet in height, and any portion located lakeward of the average lakeshore <br /> setback line shall not exceed 42 inches in height. The term "average <br /> lakeshore setback line" means a line drawn between the most lakeward <br /> projection of the fence owner's principal residence structure and the most <br /> lakeward projection of the adjacent affected principal residence structure. <br /> 3. Fences shall not be constructed within the defined lakeshore yard of a <br /> lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for <br /> general development lakes, 100 feet for recreational lakes, or 150 feet for <br /> natural environment lakes. <br /> c. Special provisions. Split rail fences of no more than three rails within a <br /> required front, street or side street yard may have a maximum top rail height of <br /> 48 inches above original grade. Board rail fences within a front, street or side <br /> street yard for the specific purpose of enclosing permitted domestic animals may <br /> have a top rail height of 60 inches and shall be no more than 50 percent opaque. <br /> d. Intersection sightline obstruction prohibited. No fence shall be installed so as <br /> to obstruct a required clear view at street intersections as required by sectior•, 78- <br /> ,� <br /> e.�Fence construction and maintenance. <br /> 1. The owner of a fence shall maintain it in a condition of reasonable repair <br /> and appearance and shall not allow it to become or remain in disrepair or in a <br /> dangerous condition. <br /> 2. Fences shall be installed with the finished side facing neighboring <br /> properties or the street. The term "finished side" means that side having no <br /> structural supports. <br />