1264.03 SIDE AND REAR YARD RESTRICTIONS.
   No person shall erect any fence or wall in any residential zoning district, unless such fence or wall meets the following requirements, or is located within a Planned Unit Development District and is part of the detailed development plan approved by Council pursuant to Chapter 1256:
   (a)    Interior Lots. No fence, wall or combination thereof shall exceed seventy-two inches in height as measured from the average grade of that portion of the lot in the rear or side yard. No side yard fence shall extend beyond the front set-back line or the existing front building façade, whichever is greater. Artificially raising the height of the lot line by the use of mounding, retaining walls or similar means shall be included within the seventy-two inch maximum height restriction.
      (1)   Any fence or wall erected along the front set back line, side or rear property lines must have the finished and not the structural side facing the adjacent property, or street. Interior lots having rear lot lines coincident with alley right-of-way shall be permitted to place the structural side of the fence facing the alley right of way.
      (2)   Any portion of fence or wall facing the front lot line that is erected within ten feet of the front building facade, excluding porches, shall be landscaped in such a way as to mitigate the impact of a solid fence or wall as it relates to the street side elevation and other properties. A landscaping plan must be filed with the application for a fence permit and approved by the Zoning Officer.
      (3)   Chain link, wire mesh or other similar material allowed only along interior lot lines and along rear lot lines coincident with alley right-of-way.
   (b)    Corner Lots. No fence, wall or combination thereof shall exceed forty-eight inches in height in the side yard setback area as it faces a public or private street. Any fence or wall erected on a lot located at the intersection of two or more streets must have the finished and not the structural side facing the adjacent property, alley or street. Fencing or walls exceeding forty-eight inches in height, as measured from the average grade, may be allowed with a special permit from the Board of Zoning and Planning. The Board shall consider the following criteria in reviewing such applications:
      (1)    The proposed side yard fence or wall exceeding forty-eight inches in height and on the street side of a corner lot is compatible with other properties in the neighborhood.
      (2)    The maximum height of such fence or wall shall not exceed seventy-two inches as measured from the average grade, as defined in Section 1230.06. Artificially raising the height of the lot line by the use of mounding, retaining walls or similar means shall be included within the seventy-two-inch maximum height.
      (3)   Fences exceeding forty-eight inches in height should include transparency in the upper 12" to 18" of the fence through the use of latticework, pickets, or other appropriate design elements.
      (4)    A landscaping plan must be filed with the application for a fence permit and approved by the Zoning Officer, indicating how such fencing or wall is to be screened from the street side elevation. The landscape plan should be designed in such a way as to mitigate the impact of a solid fence or wall as it relates to the street and other properties.
      (5)    The installation of such fence or wall shall not create a visibility or safety concern for vehicular and/or pedestrian movement.
      (6)   No chain link, wire mesh or other similar material shall be installed on lot lines adjacent to public rights-of-way.
(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20.)