Fences shall be installed and maintained in accordance with the following regulations, as well as other applicable regulations of the Codified Ordinances:
(A) Height. Fences in yards shall not exceed eight feet in height. Any fence over six feet in height shall have 50% opacity (50% open for the passage of air and light).
(B) Location.
(1) Front yards. No front yard fencing is permitted.
(2) Rear yards. The fence shall not extend past the rear corner line of the structure.
(3) Side yards. A fence will be permitted if the rear entrance is located on the side wall of the structure. The fence shall not extend more than three feet beyond the side door toward front of property line structure.
(4) Corner lots. On comer lots, the fence cannot be located less than two feet from the sidewalk.
(C) Prohibited materials. No fence shall be composed of scrap materials, tires, canvas, cardboard, asphalt-style shingles, chicken wire, corrugated metal or sheet metal.
(D) Appearance. All fences shall be uniform in material and color. In the case of a fence with a finished side and an unfinished side, the finished or more decorative side shall face outward toward the adjoining property or the street.
(E) Barbed wire, razor wire, and electrical fences. Fences that are composed of or contain barbed wire or razor wire are prohibited, except in connection with utility properties, as defined herein. Electrical fences are prohibited.
(F) Maintenance. All fences shall be maintained in good condition, free of significant rust, peeling paint or other damage. Furthermore, all fences shall be kept plumb, with no more than a two inch deflection from a vertical position.
(G) Recreation facilities. On the grounds of a school or on the grounds of a public or private recreation use, an open fence erected to enclose a playground, playfield, swimming pool, tennis court, golf course or similar facility may exceed the otherwise applicable height limits, but shall not exceed 12 feet in height.
(H) Utility properties. An open fence erected for security purposes around a public utility use may exceed the otherwise applicable height limits, but shall not exceed 12 feet in height.
(I) Temporary construction fences. Notwithstanding other provisions of this chapter, a temporary fence shall be permitted in any zoning district to enclose a site at which construction activity is underway. Such fence shall be in place only for the duration of the construction activity and shall be removed when construction activity has been completed or has been discontinued for a period of three months or more. Such fence shall be located as necessary to protect the public and to secure the construction site, as approved by the Building Department. The fence may be chain link, wood or another material approved by the Building Department.
(J) Nonconforming fences. Except as specified in § 157.04(C), any fence not conforming to the regulations of this chapter may be retained and repaired, but shall not be moved or replaced in whole unless made to conform with the provisions of this chapter. Replacement of less than half of a nonconforming fence in a 12 month period shall be considered "repair" and not "replacement" for purposes of this provision.
(K) Historic District. Fences located in a Historic District are exempted from the general regulations; however, an application must be made for a certificate of appropriateness.
(L) Solid wall fences. Any walls to be constructed as fences shall not restrict drainage. Solid wall style fences shall be placed a minimum of four inches above finish grade to not impede site drainage. A solid wall style fence may exceed its allowable height by four inches to facilitate drainage. Any walls to be constructed as fences will need to be accompanied by detailed construction drawings and shall be reviewed by the Building Code Plan Examiner prior to construction.
(M) Ornamental and decorative fences. A fence shall be considered "ornamental or decorative" if it is composed of wrought iron-style pickets, wood pickets, wood split rails and posts, brick, stone, or any materials of a decorative nature approved by the Building Department as compatible with the character of the area in which the fence is to be placed. The regulations herein apply to ornamental and decorative fences.
(Ord. 18-21, passed 10-16-18) Penalty, see § 157.99