§ 60.207. Nonagricultural fences, walls, buffer strips and similar structures.

(a)

This section shall regulate all fences, walls, buffer strips and similar structures unless otherwise provided in some other section of this Ordinance, including fences, walls, buffer strips and similar structures in all uses and districts, other than agricultural fencing which is regulated by section 60.400 et seq.

(b)

For purposes of this section 60.207 et seq., the term "fences" shall include walls, buffer strips and similar structures consisting of an artificially constructed barrier intended to provide privacy or limit access to a zoning lot or a portion of a zoning lot.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.1 Location.

(a)

Fences shall be located within the side or rear yard areas of each zoning lot and, except as hereinafter provided, shall not be located in the front yard of any zoning lot.

(b)

Fences may be installed on zoning lot lines where it is constructed on a joint or shared basis with the adjoining zoning lot owner or with the consent of the adjoining owner so as to create a common or shared fence for both lots. In such circumstances, it shall be the responsibility of the installing owner to provide written confirmation of the consent of the adjoining owner for installation of the fence on the property line.

(c)

In single-family residential uses, fences shall not be installed in the front yard of zoning lots located in R-2, R-3, R-4 or R-6 zoning districts. Fences, walls and similar structures of a purely ornamental nature utilized for landscaping effect may be installed in the front yard in the zoning lots of such districts; however, they may not exceed two feet in height. Upon approval of the zoning administrator, subject to review by the planning and zoning commission, nonornamental fences, walls and similar structures may be installed in the front yards of the foregoing single-family residential zoning districts and applications, but only if same are compatible with the adjoining property and its use.

(d)

In R-1, multifamily and nonresidential zoning districts, fences may be installed in front yards only with the approval of the zoning administrator upon written application.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.2. Fence height.

(a)

In residential rear and side yards, the maximum height of any fence shall be eight feet. Where allowed, a fence located in a residential district in the front yard shall not exceed four feet in height. In nonresidential applications, fence height shall not exceed eight feet. The foregoing limitations shall not be applicable to fencing which is part of a backstop, tennis court or recreational application; however, the installation of such structures in residential districts shall require approval of the zoning administrator, subject to review by the planning and zoning commission.

(b)

Exception to height requirements. Fence height limitations are not applicable to fences built in conjunction with public utility substation facilities; municipal facilities; water or sewage treatment plant facilities; however, fences installed in such applications in residential districts may be required by the zoning administrator, subject to review by the planning and zoning commission, to install appropriate screening in connection with such fence installations.

(c)

Fence height measurement. Fence height shall be measured at the highest point, not including columns or posts of the fence section as measured from the grade on the side of the fence nearest the abutting property or street location. Columns or posts shall not extend more than 18 inches above the built height of the fence. Columns or posts shall be separated by a horizontal distance of at least four feet, except at gates. Any retaining wall or berm below the fence shall be considered as part of the overall height of the fence.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.3. Temporary fencing.

Temporary fences may be installed around construction sites and works, and erected or maintained as may be required by any applicable building code, statute or regulation.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.4. Permitted fence types.

The following fence types are permitted in all zoning districts: Masonry or stone walls; ornamental iron; wood; vinyl; or other materials approved by the zoning administrator upon application and subject to review by the planning and zoning commission. Chain link or woven wire fencing is permitted only in rear and side yards of single-family residential uses. Chain link or woven wire fencing is permitted in nonresidential districts.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.5. Prohibited fence types.

The following fence types are prohibited:

(a)

Fences constructed primarily of barbed or razor wire.

(b)

Fences carrying an electrical current.

(c)

Fences constructed of any readily flammable material such as paper, cloth or canvas.

(d)

Fences topped with barbed wire, metal spikes, concertina wire or similar material in any residential district, except fencing installed in a permitted nonresidential application within such area such as a public institution or public utility facility and which is installed for public safety or security purposes.

(e)

Fences constructed of concertina wire or comparable material.

(f)

Snow fences, chicken wire, livestock and farm style fences.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.6. Construction and maintenance standards.

(a)

All fence posts and supporting fence members shall be erected so that following construction they will face to the interior of the premises served by the fence.

(b)

All chain link fencing shall be installed knuckle side up. The use of spikes, broken glass or sharp or pointed instruments or materials intended or likely to cause injury to any person coming into contact with same is prohibited.

(c)

All fences, walls and similar structures shall be maintained in a good state of repair on a continuous basis in a safe manner plum (vertical) to the ground. Fences which are not maintained in a safe manner as a result of neglect, lack of repair, manner of construction, method of placement, or otherwise, shall be repaired, replaced or demolished.

(d)

Multiple fence installations along the same lot line shall be installed so that the outermost fence will screen any other fence installed along the same lot line or yard.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.7. Other fence requirements.

The following additional requirements shall apply to all fencing:

(a)

Obstruction of view. No fence shall be placed or retained in a manner which obstructs vision at any intersection of public or private streets or ways.

(b)

Obstruction of access. No fence shall block access from doors or windows. Fences shall be located at least two feet from building walls or structures except where fences project from building wall or the structure.

(c)

Obstruction of drainageway. Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swell or ditch, or impair in any manner the movement of water across the zoning lot.

(Ord. No. 07-2009, 3-3-2009)