§ 1312.06 FENCES IN RESIDENTIAL DISTRICTS.
   (A)   Scope. This section shall include A-l and B-3 single-family, A-2 two-family and B-1 cluster housing and B-2 multi-family districts.
   (B)   Permitted Fences. The following fences shall be permitted in residential districts:
      (1)   Living fence;
      (2)   Boundary line fence;
      (3)   Privacy fence;
      (4)   Open ornamental fence;
      (5)   Chain link fence;
      (6)   Deer fence;
      (7)   Split rail fence;
      (8)   Picket fence;
      (9)   Backyard enclosure fence;
      (10)   Patio privacy fence;
      (11)   Latticework fence;
      (12)   Shadowbox fence;
      (13)   Stone fence;
      (14)   Swimming pool fence (Refer to Chapter 1332);
      (15)   Silt fence;
      (16)   Stockade fence; and
      (17)   Well fence.
   (C)   Restricted Fences. The following fences shall be restricted in residential districts:
      (1)   Patio privacy fence (as defined in § 1312.03);
      (2)   Backyard enclosure fence (as defined in § 1312.03);
      (3)   Swimming pool fence, as set forth in the regulations of Chapter 1332;
      (4)   Tennis court fences. A variance shall be required from the Zoning Board of Appeals;
      (5)   Barbed wire or razor ribbon fences, as follows:
         (a)   Prohibited when the fence would abut a residential district or use; and
         (b)   Approval is required from the Planning Commission for all owners.
      (6)   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;
      (7)   Chicken wire fences shall be prohibited;
      (8)   Electrified fences shall be prohibited, except for underground low voltage pet containment cable. Approved by the Building Commissioner;
      (9)   Dumpster enclosure fence shall be prohibited, except for multi-family dwellings;
      (10)   Solid sheets of fabric, vinyl or canvas screening materials are prohibited; and
      (11)   Pointed fences posting a hazard of impalement.
   (D)   Maximum Fence Height and Location of Fence Types.
      (1)   Rear Yard. As defined in § 1260.04 . However, a fence shall not be erected in a side yard (as defined in § 1260.04 ) that abuts a street.
         (a)   Living fences shall not exceed three feet in height for 15 feet from any public sidewalk. Otherwise they may grow to their natural height.
         (b)   Privacy and boundary line fences shall not exceed three feet in height for 15 feet from any public sidewalk. Otherwise they shall not exceed six feet from existing natural finished grade to the top of any portion of the fence. Fence posts may exceed the fence height by six inches.
         (c)   Backyard enclosure fences shall meet all of the following specifications.
            1.   The fence shall not exceed six feet in height from existing natural finished grade.
            2.   The fence encloses part of or the entire rear yard of the subject property.
            3.   Although not mandatory, the fence may follow property boundaries (i.e., lot lines) of the rear yard.
            4.   The entire fence is erected to the rear of the wall line of the residence.
               a.   Exception number 1: 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.
               b.   Exception number 2: if the subject property’s rear yard fronts on another street, the fence erected shall also be erected entirety behind the established setback line for structures on that street.
               c.   Exception number 3: where a residence is equipped with a side door, the fence may be extended into a side yard for a maximum of three feet closer to the street than the side door.
            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 existing natural finished grade to the top portion of the fence. Fence posts may exceed the fence height by six inches.
      (2)   Side Yard. As defined in § 1260.04 . Location and height shall be as follows.
         (a)   Except for living and/or ornamental, and as permitted in division (D)(1)(c)4. Exception number 3, all other fences are prohibited in side yards. Any living side yard fence shall not exceed three feet in height for 15 feet from any public sidewalk or front property line.
         (b)   Open ornamental fences shall not exceed 36 inches in height from existing natural finish grade line.
         (c)   All other fences are prohibited in the front yard unless approval is given by a simple majority of the Planning Commission.
         (d)   The Building Commissioner may grant limited side yard height extensions up to 72 inches in an area from the rear corner of the house to the front corner for special hardships. Such exception also requires written approval from adjacent property owner.
      (3)   Front Yard. As defined in § 1260.04 .
         (a)   Living fences shall not exceed three feet in height for 15 feet from the front property line and/or any public sidewalk. Beyond 15 feet, they may grow to their natural height.
         (b)   Open ornamental fences shall not exceed 36 inches in height.
         (c)   All other fences are prohibited in the front yard unless approval is granted by a simple majority of the Planning Commission.
      (4)   Height Exception. A privacy fence may be erected in the rear yard, and shall not exceed eight feet in height from existing natural finished grade line, including posts, when such rear or side yard property line abuts a property zoned or used for nonresidential purposes. Such fence shall not exceed three feet in height for 15 feet from any public sidewalk.
(Ord. 169-99, passed 9-20-1999; Ord. 199-99, passed 11-15-1999; Ord. 160-11, passed 12-19-2011; Ord. 137-12, passed 9-17-2012; Ord. 38-16, passed 6-20-2016; Ord. 44-2018, passed 11-5-2018)