1197.04 FENCES IN RESIDENTIAL DISTRICTS.
   (a)    Scope. This section shall include fence requirements for all R-S, R-1, R-2, R-3, and R-4 residential zoning districts.
   (b)    Permitted Fences. The following fences shall be permitted in residential zoning districts:
      (1)    Living fence.
      (2)    Boundary line fence.
      (3)    Shadowbox/Board on Board fence.
      (4)    Open ornamental fence.
      (5)    Chain link fence.
      (6)    Deer fence.
      (7)    Rail or split rail fence.
      (8)   White picket fence.
      (9)    Backyard enclosure fence.
      (10)   Patio privacy fence.
      (11)    Latticework fence.
   (c)    Restricted Fences. The following fences shall be restricted in residential zoning districts:
      (1)   Patio privacy fences (as defined herein).
      (2)    Backyard enclosure fences (as defined herein).
      (3)    Swimming pool fences, as set forth in the regulations of Chapter 1331 of the Building Code.
      (4)    Barbed wire fences, as follows:
         A.    Prohibitions as to barbed wire fences are contained in Section 521.07 of the General Offenses Code.
      (5)    Snow fences may be erected and used only in the months of customary snowfall, after which they shall be removed. No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or driving snow to accumulate on the property of another, in excess of that which would otherwise accumulate in the absence of such a fence.
      (6)    Chicken wire fences shall be prohibited.
      (7)    Electrified fences shall be prohibited, except for underground low voltage pet fences.
      (8)   Stockade fences shall be prohibited.
      (9)   Privacy fences (as defined herein).
      (10)    Dumpster enclosure fences shall be prohibited.
   (d)    Maximum Fence Height and Location of Fence Types.
      (1)    Rear yard. 
         A.    Living fences shall not exceed two and one half feet in height for fifteen feet from any public sidewalk or hang lower than six (6) feet above the curb level. Otherwise, such fences may grow to their natural height.
         B.    Privacy and boundary line fences shall not exceed two and one half feet in height for fifteen feet from any public sidewalk. Otherwise, such fences shall not exceed six feet from finished grade to the top of any portion of the fence.
         C.    Backyard enclosure fences shall meet all of the following specifications:
            1.    The fence shall not exceed six feet in height from finished grade.
            2.    The fence shall enclose part of or the entire rear yard of the subject property.
            3.    The fence may follow property boundaries (i.e. lot lines) of the rear yard.
            4.    The entire fence is to be erected to the rear of the wall line of the residence. If the subject property is a corner lot, then, in addition to the fence being erected to the rear of the rear wall line of the primary setback, the fence shall also be erected entirely behind the line established for the secondary setback.
            5.    The fence shall contain a gate that is at least three feet wide and is located so as to provide reasonable and easy access to safety forces.
         D.    Chain link fences shall not exceed six feet from finished grade to the top of any portion of the fence.
         E.    Patio privacy fences used to enclose a patio shall meet all of the following specifications:
            1.    The fence shall have maximum height of six feet.
            2.    No part of the fence shall be more than three feet from any boundary line of the patio.
            3    The fence shall be erected entirely behind the rear wall line of the residence.
            4.    No part of the fences shall be within ten feet of any side yard line of the residence.
      (2)    Side yard. Location and height shall be as follows:
         A.    Except for living and/or ornamental fences, all other fences are prohibited in side yards. Any living side yard fence shall not exceed two and one half feet in height for fifteen feet from any public sidewalk or front property line.
      (3)   Front Yard.
         A.    Living fences shall not exceed two and one half feet in height for fifteen feet from the front property line and/or any public sidewall Beyond fifteen feet, they may grow to their natural height.
         B.    Open ornamental fences shall not exceed thirty-six inches in height.
         C.    All other fences are prohibited in the front yard unless approval is granted by the Architectural Review Board.
      (4)   Height exception. A privacy fence may be erected in the rear yard, and shall not exceed eight feet in height, including posts, when such rear or side yard property line abuts a property zoned or used for nonresidential purposes. Such fence shall not exceed two and one half feet in height for fifteen feet from any public sidewalk.
         (Ord. 2005-140. Passed 10-18-05.)