Fences are permitted accessory uses in all districts. The following regulations shall govern the type, location and construction of all fences. When a fence is erected not in conjunction with a building permit for a principal use or building, a separate permit is required.
A. Residential Districts: Fences may be erected in all residential districts subject to the following:
1. Open fences may be erected in or on the boundary of any rear yard or interior side yard. The total height shall not exceed six feet (6') above existing grade.
2. Open fences may be erected in or on the boundary of any corner or side yard to a height of four feet (4') above existing grade.
3. Open fence may be erected in or on the boundary of any front yard to a height of three feet (3') above existing grade.
4. Standard solid six foot (6') fences may be erected in any interior side yard or rear yard to a height of six feet three inches (6'3") above the existing grade.
5. Standard solid eight foot (8') fences may be erected in any side or rear yard to a height of eight feet three inches (8'3") above existing grade when said yard adjoins a business district.
6. Any fence erected within the city after June 1, 1984, shall be constructed so that all supporting posts are located on the interior side of the lot or parcel upon which such fence is situated.
7. The height of any fence subject hereto shall be determined by the existing natural contour, or the major portion of the lot or parcel to which it is affixed.
All applications for a permit to erect, construct or repair a fence shall be made upon a form approved by the building commissioner, and shall be accompanied by a drawing or drawings showing the type and location of the fence on a lot or plat plan showing the lot lines and/or easements and streets pertinent to the lot or parcel upon which the proposed fence is to be erected, constructed or repaired.
B. Business Districts: Fences erected in all business districts shall be subject to the following:
1. When real estate used and/or zoned for a business purpose or purposes adjoins real estate zoned and/or used for residential purposes, the owner or owners of the real estate zoned and/or used for a business purpose or purposes shall construct and maintain a solid fence to a height of eight feet three inches (8'3") above existing grade immediately inside the boundary line (on said owner's or owners' side) which separates said business real estate from the residential real estate.
2. A solid fence shall be erected to a height of not less than six feet (6') nor more than eight feet (8') to enclose and screen all refuse collection areas or facilities.
3. A solid fence shall be erected to enclose all outdoor storage of material, motor vehicles and other equipment storage areas (not off street parking facilities). The height of the fence shall be equal to the height of the material or equipment stored, but need not exceed ten feet (10').
4. An open fence may be erected in the interior side yard or rear yard of any business district to a height of six feet (6') above existing grade.
5. The height of any fence subject hereto shall be determined by the existing natural contour, or the major portion of the lot or parcel to which it is affixed.
C. Public, Quasi-Public And Public Utility Uses:
1. Open fences may be installed in any side or rear yard to a height of not more than eight feet (8').
2. Public utility uses such as transformer substations or other hazardous uses shall be fenced. The top of such fences may include barbed wire when deemed necessary for public safety by the zoning administrator.
When the lot line of such utility uses coincides with a lot line in a residential district, the fencing installed shall provide adequate screening. The screening may be of a solid fence or an open or semiopen fence, or an open fence with shrubbery to a height of not less than five feet (5'). The plan for such screening shall be approved by the plan commission. When a public utility use fronts on a public street, similar fencing and landscaping shall be installed.
3. Public or quasi-public recreation areas may be enclosed along their boundaries with an open type fence to a height not to exceed eight feet (8'). Tennis courts and other similar uses may be fenced in keeping with national standards for such uses.
When a fence is required for an existing business or public utility use, and such has not been installed, the fence requirements must be met not less than three (3) years from the date of adoption of this title.
D. Corner Lot Fence Variations: Applications for fence variations for properties located on corner lots shall be reviewed and decided in accordance with the provisions of Section 10-12-4-12 of this Code. (Ord. 80-2-0, 12-1979; amd. Ord. 80-2-0, 12-1979; Ord. 84-16-0, 5-9-1984; Ord. 87-40-0, 7-8-1987; Ord. 15-47-0, 10-28-2015; Ord. 20-12-O, 5-13-2020; Ord. 22-09-O, 1-26-2022)