§ 9.02  FENCES AND WALLS.
   9.02.01   Classification of Fences and Walls. Fences and walls are classified as follows:
   (A)   Class 1: Masonry walls.
   (B)   Class 2: Ornamental metal, 80% or more open.
   (C)   Class 3: Woven wire, including chain link, 80% or more open
   (D)   Class 4: Wood or other materials (excluding woven wire and chain link), 50% or more open.
   (E)   Class 5: Wood or other materials less than 50% open, including solid fences.
   (F)   Class 6: Hedges.
   (G)   Class 7: Barbed wire or sharp pointed fences.
   (H)   Class 8: Earthen or concrete walls intended to contain or redirect flooding waters .
   9.02.02   Conservation and Residential Zones.  Fences or walls within the Resource Protection (RP) zone and the Residential (R) zones are subject to the following standards:
 
ZONES
FENCE OR WALL CLASS
MAXIMUM FENCE HEIGHT BY YARD/SETBACK TYPE (FEET)
FRONT YARD
SIDE YARD
REAR YARD
SIGHT TRIANGLE [1]
 
 
 
Resource Protection
1
-
8
8
-
2
8
8
8
3
3
8
8
8
3
4
8
8
8
3
5
-
8
8
-
6
8
8
8
3
7
-
5 foot minimum, 2 foot max above primary fence
-
8
According to engineering requirements
Residential
1
4
6
7
-
2 [2]
4 ½
6
7
3
3
-
6
7
-
4
4[3]
6[3]
7
3
5
-
6
7
-
6
4
6
7
-
7
-
-
-
-
8
According to engineering requirements
Residential-recreation General purpose recreation areas in Residential Zones
1
8
8
8
-
2
8
8
8
3
3 [4]
8
8
8
3
4
8
8
8
3
5
8
8
8
-
6
8
8
8
-
7 [4]
8
8
8
-
8
Army Corps of Engineers
Army Corps of Engineers
Army Corps of Engineers
Army Corps of Engineers
 
   [1]   Triangular portion at corner, 50 feet from intersection of rights-of-way.
   [2]   Class 2 fence with maximum height of eight feet is allowed across a former alley or street.
   [3]   The wooden slats on these fences must be a minimum of three inches wide.
   [4]   Tennis court or baseball fences can be Classes 3 and 7, and be 12 feet in height**
   9.02.03   Commercial and Industrial Zones. Fences or walls within all Commercial and Industrial zones are subject to the following standards:
 
ZONES
FENCE OR WALL TYPE
MAXIMUM FENCE HEIGHT BY YARD/SETBACK TYPE (FEET)
FRONT YARD
SIDE YARD
REAR YARD
SIGHT TRIANGLE [1]
Commercial
1
4
6
7
-
2
4
6
7
3
3
-
6
7
-
4
4
6
7
3
5
-
6
7
-
6
4
6
7
-
7
-
-
-
-
8
According to engineering requirements
Industrial
1 [2]
6
7
7
-
2 [2]
6
7
7
3
3 [2]
6
7
7
3
4 [2]
6
7
7
3
5 [2]
6
7
7
-
6 [2]
6
7
7
-
7
5 foot minimum, 2 foot max above primary fence
8
Army Corps of Engineers
 
   [1]   Triangular portion at corner, 50 feet from intersection of rights-of-way
   [2]   Barbed wire may be placed on top of fence lasses 1-6, as long as such fence is located in an industrial zone and the barbed wire is at least five feet above grade, and no higher than two feet above other fence
 
   9.02.04   Other Districts. Fences or walls within other zones are subject to the following standards:
   (A)   Linden Gateway District.
 
ZONE
FENCE OR WALL TYPE
MAXIMUM FENCE HEIGHT BY YARD/SETBACK TYPE (FEET)
FRONT YARD
SIDE YARD
REAR YARD
SIGHT TRIANGLE [1]
Linden Gateway District
1
4
6
7
3
2
4
6
7
3
3
-
-
-
-
4
4
6
7
3
5
-
6
7
-
6
4
6
7
3
7
-
-
-
-
8
According to engineering requirements
 
   [1]   Triangular portion at corner, 50 feet from intersection of right-of-ways
   9.02.05   Fence and Wall Measurements.
   (A)   All fences or wall heights must be measured from ground level where the fence or wall meets the ground to the highest point of the fence or wall.
   (B)   Fence post finials are permitted to extend a maximum of eight inches above the maximum height of any permitted fence.
   9.02.06   Barbed Wire or Sharp Pointed Fences. Where permitted, barbed wire or sharp-pointed fences must start a minimum of 60 inches above ground level and may not exceed two feet in height above the top of the primary fence or wall. Fences used in conjunction with permitted agriculture uses are exempt from these standards and all other fence and wall height limits.
   9.02.07   Height of Fences Atop Retaining Walls.  A combination fence and retaining wall may be erected. The retaining wall portion may be erected up to a level no higher than the highest finished grade. The fence portion must be of the class and height permitted within the subject zone.
   9.02.08   Electrified Fences.  Fences carrying an electrical charge are permitted only when used in conjunction with an agriculture use. Such fence must be set back at least five feet from all adjacent property lines.
   9.02.09   Permit Required for Erection of Fences.  No fence may be erected, except as exempted or specified within this chapter, until all required fees have been paid to the proper authorities or their agents and the necessary permits have been issued in accordance with § 12.11.
   9.02.10   Structural Elements of Fences.  Fences must be constructed so that all structural members must be located on the inside of the fence. The inside must be the side which faces the property owned by the person building the fence.
   9.02.11   Liability. The construction of walls or fences in accordance with this zoning ordinance does not release the property owner from liability related to the construction or to injuries that occur as a result of the wall and/or fence.
   9.02.12   Pools. Private in-ground and above-ground swimming pools must be enclosed by a class 1, 3, or 5-type fence or wall. The fence or wall must be at least four feet in height, but no more than seven feet in height. All gates or doors in the fence or wall must be self-latching.
   9.02.13   Fences on Vacant Properties.  The construction of walls or fences is allowed on a property with no principal structure provided that a principal structure or principal use with the same ownership as the vacant property abuts the vacant property (without a street or alley separating).  The fence constructed must meet all regulations of § 9.02.  No accessory structure other than a fence may be constructed on a vacant property.
   (A)   Fence material must be consistent all the way around the property.
   (B)   Chain-link fences are prohibited on vacant properties in all Residential and Commercial Districts.
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-56- 06, passed 11-15-06; Am. Ord. O-35-10, passed 9-28-10; Am. Ord. O-27-11, passed 9-6-11; Am. Ord. O-20-12, passed 8-7-12)