1146.02 FENCES.
(a) Permitted Materials: Fences shall be constructed of wood, steel, aluminum, or PVC (polyvinyl chloride), formulated to resist impact and approved for ultraviolet stabilization, meeting requirements of ASTM D638. All fencing shall be structurally able to withstand weather conditions.
(b) Fences Permitted In U-1, U-2A, U-3, and U-3A Use Districts: Fences are permitted on property zoned Class U-1, U-2A, U-3, and U-3A according to the following regulations:
(1) Along side and rear lot lines, but not greater than six feet (6') in height where abutting land is zoned Class U-1, U-2A, U-3, or U-3A.
(2) Along side and rear lot lines, but not greater than eight feet (8') in height where the abutting land is zoned in any non-residential Use District.
(3) Within the rear yard, but not greater than six feet (6') in height.
(4) Ornamental fences within front yards provided that:
A. An ornamental fence by itself, or with other structures, shall not completely enclose any area of a required front yard.
B. An ornamental fence shall not be located closer to any side lot line than the foundation wall on that side of the house.
C. No ornamental fence shall be erected closer than twenty feet (20') from the front property line.
D. The total of all ornamental fencing within the required front yard setback shall be less than fifty percent (50%) of the width of the lot.
(5) Ornamental fences in the street side yard of corner lots, but not greater than six (6) feet in height or closer than twenty (20) feet from the right-of-way line.
(c) Fences Permitted in Non-Residential Use Districts:
(1) Along side and rear lot lines, but not greater than eight feet (8') in height.
(2) Within the rear yard, but not greater than eight feet (8') in height.
(3) Within front yard setbacks only as specifically authorized by the Commission.
(d) Prohibited Fences: The following fences are prohibited in the City:
(1) Wire fences constructed of material less than #11 AWG.
(2) Barbed wire fences.
(3) Fences charged with electricity.
(4) Fences forward of the required front yard setback, except for ornamental fences as regulated in subsection (b)(4) hereof or within non-residential districts as provided in subsection (c)(3) hereof.
(5) Snow fences greater than four feet (4') in height or used during the months of April through and including October.
(6) Fences located less than fifteen feet (15') from any driveway where the driveway is closer than fifteen feet (15') from a side lot line.
(7) Fences not specifically permitted by this Chapter.
(8) Fences not having a uniform color, material and design except as authorized by the Commission.
(9) Any solid fence or any fence that does not comply with the definition of an Open Fence as set forth in Section 1146.01(g), provided however, that solid fences may be permitted in non-residential districts for screening and buffering as approved by the Commission.
(e) Construction Or Replacement; Permit Required: Before constructing or replacing any fence, except snow fences, the owner shall apply for and be issued a permit by the Building Commissioner. Fences for land zoned other than Class U-1 Single-Family District shall also require the approval of the Commission.
(f) Maintenance Of Fences: Fences shall be maintained with the same standards required of new fences, and the owner shall:
(1) Replace or repair any part that is rusted or rotted.
(2) Re-paint or re-stain any part where the paint or stain is faded, cracked or peeling.
(3) Repair or replace any part that is loose, bent, bowed or leaning.
(g) Nonconforming Fences: A nonconforming fence is defined as a fence which was constructed prior to the enactment of legislation regulating fences. Nonconforming fences shall be repaired and maintained, and shall be replaced with conforming fences if more than fifty percent (50%) of any such fence requires replacement, is destroyed or removed.
(Ord. 2018-94. Passed 10-21-19.)