§ 153.145  FENCES AND WALLS.
   (A)   All fences, walls and other similar structures shall be located on private property and must not obstruct the sight distance of motorists from driveways, roads and intersections. Fences or walls in all districts, except Industrial, shall not exceed six feet in height above grade when located in any portion of the rear or side yard. Fences located in the front yard are permitted; provided, they are open wrought iron, picket, split rail and similar decorative fences, have a maximum opacity of 50% and do not exceed three feet above grade.
   (B)   Fence and wall materials may include treated wood, painted/stained wood, treated split rail, ornamental wrought iron, brick, stone, masonry block, molded vinyl, or chain link. Scrap lumber, plywood, woven wire, sheet metal, plastic or fiberglass sheets are specifically prohibited.
   (C)   All fences shall be constructed with the finished side exposed to the neighboring properties. Support posts shall be placed on the inside. The fence shall be properly maintained and its appearance shall be harmonious with the surrounding properties and neighborhood. Fence posts and decorative caps shall not extend greater than six inches above the maximum allowed height.
   (D)   Fences or walls in industrial districts shall not exceed nine feet in height above grade in the side and rear yards. All other relevant provisions of this section shall apply.
   (E)   It shall be unlawful to erect or maintain a fence, wall or other similar structure equipped with or having barbed wire, spikes, razor wire or similar devices, or any electrical charge or current sufficient to cause shock. In industrial districts, however, a security fence may be installed with one foot of barbed wire; provided, the barbed wire is at least eight feet above the adjacent grade.
   (F)   Fences in the front yard shall have a minimum setback of 12 inches from the property line.
   (G)   Fences shall not be allowed to be located directly over property lines, unless two or more adjoining property owners submit a joint application to the Zoning Administrator for approval.
   (H)   Posts, cement, wood and any other fence materials shall not encroach onto adjoining properties, unless such encroachments are authorized under a joint application.
   (I)   An artificial berm with a fence placed on top of it is considered part of the fence, with the combination being subject to the height limits for fences established in division (A) above.
   (J)   The required fence height shall be maintained through the entire length on sloping properties. Grading and/or filling of materials to elevate the grade for a higher fence is prohibited.
   (K)   Walls constructed of stone, brick or similar materials shall be permitted in the front yard; provided, they do not exceed three feet in height. The height limits in the side and rear yards shall not exceed six feet.  Walls shall be set back a minimum of two feet from all property lines and must be constructed and maintained in the future as to not create safety concerns for adjoining property owners or the general public. The Planning Commission may approve walls not to exceed six feet in height in the front yard for developments in the R4 Zone. This section shall not apply to retaining walls, as defined by this chapter or screening walls under § 153.171 of this chapter.
   (L)   Retaining walls in residential districts are subject to the following requirements:
      (1)   Retaining walls in the front yard(s), or yard(s) facing the public right-of-way, may be no taller than three feet in height, and must be set back from the front property line, or property lines fronting the public right-of-way, a minimum of one foot.
      (2)   In cases where the height or slope of the grade in the front yard(s), or yard(s) facing the public right-of-way, needing to be retained is greater than three feet, multiple tiers may be used. The horizontal distance between tiers must be a minimum of five feet.
      (3)   Retaining walls in side or rear yards that do not face a public right-of-way may be greater than three feet tall, but are required to be designed and sealed by a licensed engineer to ensure the safety of adjoining property.
      (4)   Retaining walls must be constructed of stone, brick, treated lumber or similar materials. Plain cement block and untreated wood are not acceptable materials.
      (5)   The fill behind retaining walls must consist of dirt, drain stone or similar materials.
      (6)   Retaining walls must be maintained in such a condition as to not present a threat to adjacent properties, or people or objects in the public right-of-way.
 
(Prior Code, § 5.65)  (Ord. 791, passed 3-19-2018)  Penalty, see § 153.999