(A) Except as provided in this section, the maximum height for all fences is eight feet. Fence heights will be measured from the highest elevation on either side of the fence.
(B) Fence heights are further limited in the following circumstances:
(1) Fences in front yard setback are limited to 4 feet in height; except fences with greater than 20% opacity shall not exceed three feet in height for that portion of a fence located within five feet of the property line, or 17 feet from the edge of the street pavement, whichever distance is greater.
(2) Fences located in side yards of corner lots abutting the front yards of an adjacent lot are restricted to the same height limits as set forth in division (B)(1) above.
(C) As to fences with greater than 20% opacity, OPACITY shall be defined as the degrees to which a fence interferes with unobstructed vision. Opacity shall be measured at right angles to any surface of the fence.
(D) The property owner will demonstrate to the City Engineer or designee the accurate location of the front property line/public right-of-way limit by one of the following methods:
(1) Uncovering existing property pins;
(2) Completion of a professional land survey and placement of front property pins by a licensed land surveyor.
(E) The property owner will demonstrate to the City Engineer or designee that after fence construction excessive water ponding and flooding of adjoining property will not occur.
(F) In addition to any other applicable provisions of this section for back to back corner lots, fences with greater than 20% opacity shall not be constructed within 12 feet of the edge of pavement.
(G) Fences shall not be constructed on any portion of the public rights-of-way.
(H) On a corner lot no fence shall be erected or allowed to remain between the heights of two feet six inches and six feet above the crown of the adjacent roadway in the sight triangle at the corner.
(I) Fences are prohibited in a dedicated drainage easement which contains open storm drainage channels.
(J) No electrified fence or wall containing broken glass, barbed wire, or other substances reasonably calculated to do bodily harm shall be permitted, except as hereinafter provided:
(1) A barbed wire fence shall be permitted in any zoning district for the purpose of restraining such livestock as may be legally located on the
premises under the code. The barbed wire fence shall be removed immediately upon discontinuance of keeping of livestock on the premises;
(2) Barbed wire shall be permitted at a 45-degree angle on top of a six-foot fence in all zoning districts, except residential districts;
(3) The city and public utilities operating under a franchise with the city shall be permitted to install security fences containing barbed wire in any area owned or controlled by the city or public utility where such protection is deemed necessary for the protection of persons or property.
(K) Nothing in this section shall be construed to permit a violation of § 92.21 of this code of ordinances.
(L) Commercial, industrial and multi-family uses abutting property zoned or used for single-family or two-family use shall be screened with a fence of 95% opacity and a height of eight feet on all abutting property lines, subject to the height limitations contained in division (B).
(M) (1) In E-1, C-G, C-H, I-L and I-H districts, the City Council may allow fences in the required setbacks which exceed the height limitations contained in division (A) above as a conditional use.
(2) Any person, firm or corporation seeking the conditional use shall make application to the Planning Commission at least 14 days prior to the scheduled Commission meeting and submit a fee as may be established by resolution of the City Council. Notice of the Planning Commission and City Council hearings on the application shall be given to the public by posting the applicant's property at least seven days prior to the Planning Commission meeting.
(3) In considering approval or denial of a proposed fence as a conditional use, the following standards shall be used:
(a) The amount of street frontage of the property for which the conditional use is requested;
(b) The location of uses and types of uses on surrounding properties;
(c) The effect of the proposed fence on traffic movement and safety;
(d) The effect of the proposed fence on the surrounding properties' right to open space, visibility, light and air;
(e) The effect of the proposed fence on the city's ability to provide police and fire protection in the area;
(f) The extent to which the surrounding properties have been developed and the impact of the proposed fence on future development of surrounding property; and
(g) The effect of the proposed fence on the market value of surrounding property.
(4) The City Council may impose conditions upon the conditional use as it deems necessary to protect the health, safety and welfare of citizens and surrounding properties.
(5) Nothing contained herein shall authorize any deviation from the requirements of division (A) above other than the permitted height in required setbacks and no conditional use will be granted which would occupy the sight triangle at a corner.
(Prior Code, § 13-623) (Am. Ord. 1974, passed 8-6-19) Penalty, see § 10.99