(A) Statement of intent. The intent of this section is to provide for orderly transition between land uses, to protect and screen property, to inhibit unintended access to industrial and commercial sites, to provide security and privacy to property owners, to provide a physical and visual barrier between different land uses, to define property lines, to identify and emphasize entrances, and to generally improve the aesthetic appearance of a lot.
(B) Design standards.
(1) General requirements. A fence, wall, hedge, or other barrier may be located in the rear or side yard in any district, provided:
(a) In residential districts the height of the fence, wall, hedge, or barrier shall not exceed six feet above the ground except when surrounding a tennis court, where it shall not exceed ten feet in height, excluding post heights;
(b) In non-residential districts the height of the fence, wall, hedge, or barrier shall not exceed ten feet above the ground, excluding post height;
(c) A fence, wall, hedge, or other barrier may not be located in any utility easement;
(d) Electrified fences are prohibited in all districts;
(e) Barbed wire on fences is permitted only in industrial districts and may not be used along any lot line which adjoins a residential district or a residential use. The barbed wire need not be considered part of the fence height;
(f) All fences shall be installed three feet from the property line to allow for maintenance;
(g) All support structures shall face the inside, finished side facing out;
(h) All fencing must be kept in good repair and in a safe and aesthetically pleasing condition;
(i) All fences shall have a minimum of one gate for emergency ingress and egress with a minimum width of three feet; and
(j) Construction materials that are prohibited:
1. Chicken wire;
2. Hog wire;
3. Netting;
4. Metal panels, corrugated and un-corrugated;
5. Glass;
6. Galvanized sheet metal;
7 Plywood;
8 Fiberglass;
9. Plastic panels;
10. Any other materials not manufactured specifically for fencing.
(2) Special requirements for front yards. A fence, which shall include a wall, hedge or other barrier, may be located in a front yard in any district provided:
(a) The fence, wall, hedge, or barrier is ornamental in nature, meaning it does not enclose the yard, does not have a gate, and is clearly intended to decorate the yard rather than to contain it;
(b) The fence, wall, hedge, or barrier shall not exceed 3-1/2 feet above the ground, excluding posts;
(c) The fence, wall, hedge, or barrier shall not be located closer than three feet to the lot line along the street frontage; and
(d) The fence, wall, hedge or barrier shall not be located in the required sight triangle.
(3) Required fencing. A fence, wall, hedge or other barrier is required to be located between land uses according to the following.
(a) Whenever a commercial or industrial use is located on a lot that adjoins a residential district or a residential use, an effective buffer or screen consisting of a solid wall or fence, landscaped earth mound, or view-obscuring dense planting or various combinations thereof, shall be provided along the lot line(s) adjoining that residential district or use. The buffer or screen shall not be less than six feet in height measured from the ground on the side of the residential district or use; it may be higher if necessary as determined by the Zoning Administrator to provide visual privacy for the adjacent residential property, and shall be maintained in good condition by the owner.
(b) Any premise used or intended to be used for auto wrecking or dismantling or for the open storage of auto bodies, or other metal, glass, bottles, rags, cans, sacks, rubber, paper or other articles commonly known as junk, or for any articles known as secondhand goods, wares or merchandise, must be enclosed with a masonry wall or tight board or similar fence not less than six feet high, painted or stained a neutral color, and continuously maintained in good condition.
(c) When any open off-street parking or loading area containing more than two spaces is not separated from a residential district or a residential use by a public street, an effective buffer or screen, consisting of a solid wall or fence, landscaped earth mound, or view-obscuring dense planting or various combinations thereof, shall be provided at the lot lines adjoining the residential district or use. The buffer or screen shall not be less than six feet in height measured from the ground on the side of the residential district or use; it may be higher if necessary as determined by the Zoning Administrator to provide visual privacy for the adjacent residential property, and shall be maintained in good condition by the owner. The Zoning Administrator may allow an exception to this height requirement where strict adherence would interfere with the necessary sight distance needed to exit the parking/loading area.
(d) All commercial, industrial, and multiple-family residential uses that provide trash and/or garbage collection areas shall enclose the areas on at least three sides by a solid wall or fence at least five feet in height if the area is not within an enclosed building or structure. The wall or fence shall be maintained in good condition by the owner. Provisions for adequate vehicular access to and from the area or areas for collection of trash and/or garbage shall be required.
(e) Storage and service areas. Outdoor storage of materials is not permitted in residential districts. Outdoor storage of materials shall be allowed in non-residential districts provided the materials are enclosed and secured, and in no case shall the materials be stored higher than six feet in height. All storage and service areas shall be screened from view from the perimeter of the site with fencing and/or view-obscuring landscaping not to exceed six feet from the ground. The fencing or landscaping shall be maintained in good condition by the owner.
(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1608-12, passed 11-13-2012)
Penalty, see § 153.999