(a) No fence, wall, building or portion of a building shall be erected, placed or extended above the curb level between a building line and the street line, and no living fence shall be permitted to exceed three feet (3 ft.) in height above the curb line. Open ornamental fences are permitted if not more than three and one-half feet (3 ½ ft.) in height adjacent to the front entrance of the building and not more than eight feet (8 ft.) in front of the building line. Such fence shall not extend more than fifty percent (50%) of the width of the lot and shall be placed parallel to the front building wall. Open ornamental fence may be considered and permitted for landscaping effect upon approval of Planning Commission. Whenever it appears that a fence has finished face and an unfinished back, said finished face shall at all times face the abutting property owners’ parcels.
(b) At an intersection as such term is hereinafter defined, or immediately adjacent to a driveway, a living fence may be permitted, provided such living fence does not obstruct the view of traffic, or the approach of trains, and permitted three foot (3 ft.) height may have to be reduced. For the purpose of this subsection, the word “intersection” shall include the intersecting of a railroad right of way, and a public thoroughfare, highway or street. Any other structures, vegetation or other obstructions at intersections are expressly prohibited. Any violation of this subsection shall be deemed a public nuisance.
(c) Along a rear property line or portion of a rear property line the following fences are permitted:
(1) Fences not in excess of six feet (6 ft.) in height as measured above the natural grade may be of any type, except as hereinafter specified.
(2) Must be located at least a distance equal to its height from the nearest adjacent building used in whole or part for human habitation.
(3) Must maintain minimum two foot (2 ft.) distance from adjacent paved driveways or access roads.
(4) Must maintain a distance of minimum five feet (5 ft.) from a public sidewalk. (Ord. 7185-99. Passed 12-20-99.)
(d) Along a side property line or portion of a side property line, the following fences are permitted:
(1) Fences not in excess of six feet (6 ft.) in height as measured above the natural grade may be of any type except as hereinafter specified.
(Ord. 8977-12. Passed 7-16-12.)
(2) Must be located at least a distance equal to its height from an adjacent building which is used in whole or in part as a place of human habitation.
(3) Must maintain minimum two foot (2 ft.) distance from adjacent paved driveways or access roads.
(4) Must maintain a distance of minimum 5 feet (5 ft.) from a public sidewalk.
(Ord. 7185-99. Passed 12-20-99.)
(5) On corner lots, no fence, living or structured is permitted in side yards abutting the intersecting street unless approved in height and distance by the City Manager with recommendations from the Building Commissioner and Police Chief. (Ord. 9082-13. Passed 6-10-13.)
(e) Between residential and nonresidential property, fences may be permitted along the property line to the street line. Such fences may exceed six feet (6 ft.) measured above the natural grade and must be constituted so that at least fifty percent (50%) of each lineal foot of said fence is open for through passage of light and air.
(f) No electrical fence shall be permitted anywhere in the City.
(g) Barbed wire fences are precluded in residential areas, and are permitted elsewhere only if they are fabricated of chain link topped with barb arms.
(h) Enclosures for swimming pools shall be regulated as provided in Section 729.11 of the Codified Ordinances.
(i) Fences within B or I Districts are defined in Title Seven of the Planning and Zoning Code, will be regulated by Planning Commission with reference or regards to security and/or screening requirements.
(j) “Snow fence” as used herein means a fence which has slats less than four inches (4 ins.) apart and which is higher than three feet (3 ft.), designed, used, constructed or maintained either for the primary purpose of or which has the effect of altering or changing the natural accumulation of snowfall upon any property in the City. No snow fence shall be erected, constructed, maintained or used in the City except upon the following conditions:
(1) Snow fences may be used only in the months of October, November, December, January, February and March;
(2) No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or drifting to accumulate on the property of another, in excess of that which would otherwise accumulate in the absence of such a fence.
(3) A snow fence shall be placed upon property by the owner or occupant thereof in such a manner so as to protect all abutting property owners from unnatural accumulations of snow.
(4) The construction, use, maintenance or operation of all snow fences in the City, in such a manner so as to cause unnatural accumulations of snow to be created upon the abutting property owners is hereby declared to be a nuisance, is hereby prohibited and declared unlawful.
(5) Any person having in actual use a snow fence on the date of the passage of this section shall comply with the terms of this section within ninety (90) days.
(k) All fences shall be maintained in good condition so as not to become unsightly, unsafe, a nuisance, or detrimental to the surrounding area.
(l) When an owner on any one street has a rear property line that abuts a side yard form another street, then the fence in that rear yard shall not go closer to the abutting street than the end of the building line of the structure on the property which is being improved by the fence.
(Ord. 7185-99. Passed 12-20-99.)