1264.02 FRONT YARD RESTRICTIONS.
   No person shall erect any fence or wall in any residential zoning district, between the front yard setback line and the street. Except with the following exceptions:
   (a)   Fences or walls which do not comply with this section may be allowed if approved as part of a detailed development plan for a Planned Unit Development District;
   (b)   Decorative landscaping walls and fences which do not exceed twenty-four inches in height above ground level may be allowed after review in accordance with subsections (c)(1) through (c)(5) hereof, and issuance of a permit by the Building Department; and
   (c)   Decorative landscaping walls and fences which exceed twenty-four inches in height above ground level but not more than forty-two inches above ground level    may be allowed with a special permit from the Board of Zoning and Planning. The Board of Zoning and Planning shall consider the following criteria in reviewing such applications:
      (1)   The proposed decorative landscape wall or fence is compatible with other properties in the neighborhood.
      (2)   The height of the fence or wall does not exceed the size permitted as above when measured from the average grade of the yard where the fence or wall is to be installed. Artificially raising the height of the lot line by the use of mounding, retaining walls or similar means shall be included in the maximum height.
      (3)   Posts, columns and finials may extend up to 6" above the maximum allowed height of the fence panels.
      (4)   A landscaping plan shall be filed with the application indicating how such fencing and/or wall is to be integrated with existing front yard landscaping.
      (5)   The installation of such fence and/or wall shall not create a visibility or safety concern for vehicular and/or pedestrian movement.
      (6)   No chain link, wire mesh, concrete block or other similar type material shall be installed as a decorative landscape wall or fence.
      (7)   The fence and/or wall shall have a minimum of 50% transparency.
      (8)   That the lot exhibits unique characteristics that support the increase in fence height.
(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14- 20.)