(a) Definition. "Fence" or "wall" means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning, or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence.
A "decorative fence" shall mean a fence that is not suited for the confinement of animals or property and the opacity of the fence is less than twenty-five percent (25%).
(b) Certificate Required. No fence or wall, as defined above, may be erected within the City unless the property owner or his agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land. The owner shall also identify any dedicated easements and/or drainage structures in the immediate vicinity of the proposed fence and shall certify that he/she shall bear all future costs and liability associated with such fence being located on or over such dedicated easements or drainage structures.
(c) Height and Location. The permitted height of a fence or wall shall be determined by its location on the property as follows:
(1) A fence or wall not exceeding seventy-two inches (72") in height may be erected in any area of the lot behind the building setback line.
(2) A decorative fence or wall not exceeding forty-eight inches (48") in height may be erected within the front yard of any R District provided that the following conditions are met:
A. The fence or hedge is located not less than three (3) feet from the street right-of-way line, and
B. Such decorative fence shall not consist of discarded wood or debris, and
C. The provisions of subsection (d) hereof are met.
(3) In any nonresidential district, a fence or wall of any height may be erected in any portion of the lot provided all portions of the fence are at least one (1) foot from the property line, and the provisions of subsection (d) hereof.
(4) On any corner lot in any district, no fence, hedge, or wall higher than thirty-six inches (36") above the established street grade shall be erected or maintained within the line connecting points on the street lines twenty-five (25) feet from the stop bar at such corner.
(d) Prohibited Fences. In any R District, no person shall erect or maintain any above ground fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall with barbed wire, razor wire, or other exposed cutting points or edges.
(Ord. 27-11. Passed 3-14-11.)