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Dayton, KY Code of Ordinances
DAYTON, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: FENCES
CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 153: UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
CHAPTER 154: ZONING CODE
CHAPTER 155: SUBDIVISION REGULATIONS
CHAPTER 156: HISTORIC PRESERVATION
CHAPTER 157: REGISTRATION OF VACANT REAL PROPERTY
CHAPTER 158: REASONABLE ACCOMMODATIONS IN RESIDENTIAL NEIGHBORHOODS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 13.0 VISION CLEARANCE AT CORNERS AND RAILROAD CROSSINGS.
   A.   Except as herein provided, no fence, wall, hedge, or other obstruction above a height of 36 inches as measured above the curb level shall be erected, placed, maintained or continued in any zone within that triangular portion of a corner lot formed by measuring 50 feet from the intersection of the rights-of-way line of two streets or of the right-of-way line of a street intersection with a railroad right-of-way line and joining these points with a straight line.
   B.   No type of tree or planting or other obstruction shall be planted, placed, maintained, or continued in such a manner which would obstruct the vision clearance at corners and railroad crossings.
(Ord. 2017-6, passed 4-4-17)
SECTION 13.1 CLASSIFICATION OF FENCES AND WALLS.
   The following shall be the classification of fences and walls for this appendix.
   A.   Class One - masonry walls;
   B.   Class Two - ornamental iron (80% open);
   C.   Class Three - woven wire (80% open); and chain link;
   D.   Class Four - wood or other materials (more than 50% open);
   E.   Class Five - solid fences, wood, or other materials (less than 50% open);
   F.   Class Six - hedges;
   G.   Class Seven - barbed wire or sharp pointed fences;
   H.   Class Eight - earthen or concrete walls intended to contain or redirect flooding waters.
(Ord. 2017-6, passed 4-4-17)
SECTION 13.2 CONSERVATION AND AGRICULTURE ZONES.
   A.   Fences or walls within the conservation or agricultural zones shall conform to the following requirements:
      1.   Except as provided for in § 13.0, class two or three fences may be erected in front yards up to a maximum height of 96 inches.
      2.   Side and rear yard, class one, two, three, four, five, six, or seven fences or walls may be erected up to a maximum height of 96 inches.
      3.   Class eight walls shall be permitted but shall conform to requirements of the Corps of Engineers or Engineer, whichever is applicable.
(Ord. 2017-6, passed 4-4-17)
SECTION 13.3 RESIDENTIAL ZONES.
   Fences or walls within all Residential (R) Zones including their applicable Overlay Zone shall conform to the following requirements:
   A.   The requirements for the Residential (R) Zones for residential uses only, are as set forth and depicted on Figure 2 of this section.
   B.   The location, height, and type of all fences and/or walls within any area zoned with a PUD, RCD, or MHP Overlay shall be as approved by the Planning Commission.
   C.   For all nonresidential uses conditionally permitted in any residential zone herein, the requirements are as follows:
      1.   Fences of class two or three only shall be permitted in front yards including the front yard of corner lots as governed by § 13.0. Said fences may be erected up to a maximum height of 72 inches.
      2.   Classes one, two, three, four, five, and six fences or walls may be erected in side or rear yards up to a maximum height of 72 inches; provided, however, for the following exceptions:
         a.   General purpose recreational areas may be enclosed with fences or walls of class one, two, three, four, five, six, or seven, up to a maximum height of 96 inches.
         b.   Class three fences (or a combination of three and seven) may be erected to enclose tennis courts or as backstops for baseball and or softball fields up to a maximum height of 144 inches; and
         c.   In the case of corner lots, as governed by § 13.0, fences of class two or three only may be erected, as regulated by the applicable provisions of the section.
(Ord. 2017-6, passed 4-4-17)
SECTION 13.4 COMMERCIAL AND INDUSTRIAL ZONES.
   Fences and/or walls within all commercial & industrial zones, including those permitted with all conditionally permitted uses in this zone shall conform to the following requirements:
   A.   Except as provided for in § 13.0, fences of classes one, two, three, four, five, or six may be erected in front, side, and rear yards of commercial zones up to a maximum height of 96 inches. In the case of corner lots, as governed by § 13.0, fences of class two or three only may be erected up to a maximum height of 96 inches. In minimum front yard, fences of classes one, two, three, four, five, or six may be erected up to a maximum height of 72 inches.
   B.   Except as noted in § 13.0, fences of classes one, two, three, four, five, or six may be erected up to a maximum height of 84 inches in all industrial zones in side and rear yards and not more than 48 inches in height in the minimum front yard depth. Except for the I-P zone, classes two or three fences may be erected up to a maximum height of 72 inches in the minimum front yard depth in all industrial zones.
(Ord. 2017-6, passed 4-4-17)
SECTION 13.5 MEASUREMENT OF ALL FENCE OR WALL HEIGHTS AND LOCATIONS.
   A.   All fences and/or walls heights shall be measured along the fence or wall locations.
   B.   All locations for distance measurements shall be measured from lot lines.
(Ord. 2017-6, passed 4-4-17)
SECTION 13.6 HEIGHT OF ANY BARBED WIRE OR SHARP POINTED FENCES.
   In all zones barbed wire or sharp pointed fences, where permitted, must start a minimum of 60 inches above ground level, except that those fences may be located in area uses for agricultural purposes without any restrictions to height.
(Ord. 2017-6, passed 4-4-17)
SECTION 13.7 HEIGHT OF FENCES ATOP RETAINING WALLS.
   A combination fence and retaining wall may be erected. The retaining wall portion may be erected up to the level of the higher finished grade. The fence portion must be of the class and height permitted within this appendix for the applicable zone. The measurement shall be made at and along the location of the fence and retaining wall.
(Ord. 2017-6, passed 4-4-17)
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