Notwithstanding other provisions of the Zoning Code, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that:
1. In a residential district, no fence, wall, or hedge in any front yard shall exceed forty-eight (48) inches in height; and no fence, wall or hedge shall exceed forty-eight (48) inches in height along the street side yard of a corner lot with the following exception – for corner lots that abut the major streets outlined in subsection 7 of this section, a six (6) foot tall fence may be constructed in the front yard along the street side of the major street if setback 15 feet from the property line of the major street. Said six foot tall fence shall not extend any closer to the minor street than the rear wall line of the home. The landscaping requirements of subsection 6 of this section apply to the area between the fence and right-of-way along the major street or highway for the length of the fence. See Figure N.
(Ord. 07-02-2018 #03 (495) – Dec. 18 Supp.)
2. No fence or wall in any rear yard shall exceed six (6) feet in height in a residential district, or ten (10) feet in height in a commercial or industrial district unless otherwise approved by the Board of Adjustment.
3. Every fence hereafter erected shall be done in the following manner: posts, supporting rails and other such supporting elements when located shall be on and face the property on which the fence is located.
4. No person shall place, construct or maintain, or cause to be placed, constructed or maintained any electric fence.
5. No person shall place, construct or maintain, or cause to be placed, constructed or maintained any barbed wire or similar type material fence on residential zoned property.
6. On “through” lots, also known as “double frontage” lots, within a subdivision or plat of survey recorded after February 7, 2003 (but not corner lots), no fence shall be closer than fifteen (15) feet from the major street or highway right-of-way. The yard between the major street or highway right-of-way and the 15-foot setback shall include one hardwood deciduous tree (Ash: “Autumn Purple,” Green [seedless]; Maple: Crimson King, Norway, Sugar; Oak: Burr, English, Northern Red) and three (3) shrubs for every twenty-five (25) linear feet, or major fraction thereof, of lot width along the major street or highway. The trees shall be at least one and one-half inch (1½") caliper and the shrubs shall be at least eighteen (18) to twenty-four (24) inches in height. The property owner is required to maintain the plantings and replace them as necessary with approved materials from the list above. Whenever practical, existing trees and shrubs should be preserved and incorporated into the overall design. This section does not replace the screening requirements for commercial and industrial properties. (Refer to Chapter 165, General Provisions: Figure L.)
(Ord. 07-02#1(104) – 2004 Update)
7. The following streets are considered major streets or highways used in correlation with subsections 1 and 6 of this section:
A. Adventureland Drive NE and NW
B. 8th Street SE and SW
C. Edwin W. Skinner Parkway SE and SW
(Ord. 10-19-2020 #05 (558) – Dec. 20 Supp.)
D. 36th Street SE and SW
E. 1st Avenue North and South
F. 14th Avenue SE and NE
G. 17th Avenue SW and NW
H. 34th Avenue SW and NW
(Ord. 7-21-08 #1 (282) – Dec. 08 Supp.)