The intent of these provisions is to outline the regulations for accessory fences, walls and hedges in residential districts. Such structures are permitted in order to: Provide for orderly transition between land uses; protect and screen private property; give security and privacy to residents; provide a physical and visual barrier; reduce wind and modify climate; define property lines; create and define outdoor living space; and generally improve the aesthetic appearance of a site. Where buffer yard or other screening requirements pursuant to the provisions of Section 1155.01 differ from the provisions of this section, the more stringent requirement shall apply.
(Ord. 1987-05. Passed 8-4-87.)
(a) Front Yards.
(1) Hedges not to exceed three (3) feet in height may be located in any front yard, but shall be subject to the traffic visibility requirements of Section 1153.03, Visibility at Intersections for a corner lot.
(2) An ornamental fence or retaining wall may be located in any front yard or court, as follows:
A. The height of any iron, wood, or vinyl ornamental fence, retaining wall, or combination of a fence and retaining wall, may not exceed three (3) feet at any point, except for decorative posts which may not exceed forty-two inches.
B. Any ornamental fence or wall, as permitted in this subsection, shall be so constructed as to provide a ratio of solid portion to open portion not to exceed one to one.
C. Such fence or wall may not be located closer than one (1) foot to the rear edge of the sidewalk; however, no fence or wall shall be constructed within the designated right of way.
D. The front yard fence may extend along the entire frontage of the property, or a portion of said frontage; however, the front yard fence must have an opening accessible to a public sidewalk, and may have an optional “in swing” gate at the opening. The front yard fence shall not cross or encompass driveways, nor shall driveways be permitted to be gated.
E. No wire-type fence or solid fence may be used.
F. Such ornamental fence or wall on a corner lot shall be subject to the traffic visibility requirements of Section 1153.03.
(Ord. 2000-03. Passed 5-16-00.)
(b) Rear and Side Yards. A fence, wall or hedge may be located in any rear or side yard, provided that:
(1) The height of the fence, wall or hedge may not exceed six feet above the ground at any point, except when the elevation of the yard is such that the top line of the fence cannot be maintained in a continuous slope, but may not exceed seven feet at any point. Posts shall be retained inside the perimeter of the fence. (Ord. 1994-02. Passed 5-17-94.)
(2) A fence or wall not to exceed ten (10) feet in height may be permitted surrounding tennis courts in any rear yard, provided the provisions of Section 1157.05 are met.
(3) Any such fence or wall shall be so constructed as to provide a ratio of solid portion to open portion not to exceed six to one the portion of solid area to open area to be determined in elevation.
(c) Retaining Walls. Retaining walls shall not project more than one (1) foot above the surface of the ground supported by such walls, unless such projection exceeding one (1) foot complies with the applicable requirements of this section.
(d) Security Fences. No barbed wire, other sharp-pointed material or electrically charged material shall be used in the construction of a fence, except to fence potentially hazardous areas or for security purposes in high risk areas, and only upon approval of the Brookville Police Department. In no case shall such materials be used for fences for single family homes.
(e) Other Permissible Locations. Fences, walls or hedges may be erected on public recreation areas, school grounds and in Industrial Districts, and are not subject to the requirements of this section, but no such fence, structure or planting shall be erected or maintained within twenty (20) feet of the corner so as to interfere with traffic visibility across the corner.