(a) All fences shall comply with the following general standards, except as otherwise regulated in the district regulations and fences erected principally as enclosures for swimming pools.
(1) Permit Required. A fence or any extension thereof, in either height or length, shall be deemed a structure within the purview of this Planning and Zoning Code of the City, and shall require a zoning permit. A plot plan showing lot lines, the location of the fence and any other structures on the plot shall be presented before any permit is issued.
(2) Requirement by Zoning Enforcement Officer. Notwithstanding any other provision of this Planning and Zoning Code, the Zoning Enforcement Officer may require a fence when the absence of such fence would jeopardize the health and safety of persons. Whereas the height and location of the fence shall be established with the approval of the Zoning Enforcement Officer, the construction and maintenance of the fence shall be the responsibility of the landowner. When necessary, the Planning Commission shall act as an arbitrator regarding the location and height of fences.
(3) Location, Height and Opacity.
A. Except for fences erected as enclosures for swimming pools, fences shall be constructed according to the requirements of Schedule 1294.08(a).
Schedule 1294.08(a)
FENCE LOCATION, HEIGHT AND OPACITY | ||
Location | Maximum Height | Maximum Opacity(1) |
FENCE LOCATION, HEIGHT AND OPACITY | ||
Location | Maximum Height | Maximum Opacity(1) |
(a) Front yard |
4 feet
| 70% of fence must be uniformly distributed open space |
(b) Side yard | ||
(1) Within required setback | 6 feet | None |
(2) Within required setback adjacent to street | 4 feet | 70% of fence must be uniformly distributed open space |
(c) Rear yard | ||
(1) Within required setback | 6 feet | None |
(2) Within required setback adjacent to street | 4 feet | 70% of fence must be uniformly distributed open space |
(1) Opacity requirement does not apply to living fences. | ||
B. Fences may be built up to, but not on the property line, and shall be located entirely on the property of the person constructing it.
C. Only decorative or ornamental fences shall be permitted in front of a building, unless required for screening pursuant to this chapter.
D. Fences, gates, doors and other obstructions shall not swing across or over a sidewalk or public right-of-way.
E. No fence shall be constructed, without City authorization, within a utility right-of-way. Any fence constructed within a utility right-of-way or inhibiting access to such right-of-way may be removed by the City and the cost of such removal may be charged against those parties having an interest in the fence.
(4) Materials.
A. Fences may be solid or open and may be constructed of stone, brick, finished wood, masonry, iron, metal, synthetic look-alike products and other materials fastened to the ground and approved by the Planning Commission.
B. Chain link fences shall be permitted in any nonresidential district, provided that, if visible from the street, such fence is 100% screened by evergreen vegetation and constructed of a dark, neutral-colored, non-reflective material, as approved by the Planning Commission.
C. No fence shall be electrified or topped with broken glass, spikes or other sharp-edged material, except as otherwise specified in division (a)(4)D. below:
1. A living fence whose species has briars, thorns or other foliage which can scratch, injure or harm a person or animal shall be kept trimmed by the owner when such fence is within the required front, side or rear yard.
2. No osage orange, blackthorn hedge or multiflora rose shall be planted or maintained along or adjacent to any public street, or within the required front, side or rear yard of any residential property.
D. A fence in an M-1 or M-2 district may be topped with barbed wire when:
1. The barbed wire is placed on a 45-degree angle-arm away from the side of the fence that fronts a property line, public sidewalk or public right-of-way. An outward projecting angle-arm or V-type arm carrying barbed wire is prohibited along a public sidewalk, public right-of-way or any residential property;
2. Included as a security fence as part of an approved development plan;
3. A minimum height of six feet is maintained; and
4. The fence is located in a rear or side yard.
(5) Construction.
A. Fences shall be erected to withstand a 15-pound per square foot horizontal wind pressure, shall be placed perpendicular to the ground, and shall be properly supported according to standard practice.
B. All fences shall be designed, constructed and finished so that the supporting members face the property of the owner of the fence.
C. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.
(6) Maintenance Required. All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.
(b) Additional Regulations for Business, Office and Industrial Districts.
(1) Screening and Landscaping. All fences, when located in front of a building or when visible from the street, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:
A. Fences that are located within the required building and parking setbacks shall be considered appropriately screened when the landscaping required in Section 1294.05 is planted within five feet of the fence and between the fence and the property line.
B. Fences that are not located within required setback areas shall be screened with the following landscape materials, planted not more than five feet from the fence and between the fence and the property line:
1. One shade tree shall be provided for every 50 linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six feet.
2. One shrub shall be provided for every ten linear feet of fence length or fraction thereof, not including gates or other fence openings.
3. The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.
(Ord. 58-01. Passed 5-29-01; Ord. 2-13. Passed 2-11-13; Ord. 122-14. Passed 11-10-14; Ord. 62-21. Passed 9-27-21.)