(a) Intent. The intent of this section is to promote and protect the public health, safety and welfare by regulating the manner and location of fence installations in the Village of Delta.
(b) Scope. This section shall apply to all districts. The fence regulations herein shall not apply to any permanent fence erected prior to the effective date of this Zoning Code.
(c) Fence Types.
(1) Barbed wire fences: A fence made with metal wire having sharp points or barbs along its length.
(2) Chain link fence: A fence usually made of metal consisting of loops or wire interconnected in a series of joined links.
(3) Line fence: Any fence erected along the line dividing a lot or parcel of land from a public street or right-of-way.
(4) Ornamental: Any fence which is intended to serve as a decoration rather than a barrier.
(5) Privacy fence: Any fence made to inhibit public view and provide seclusion.
(6) Security fence: A fence usually of chain link construction and designed to prohibit access to the premises.
(7) Partition fence: Any fence located along the line dividing two lots or parcels of land, whether subject to an easement or not; or along the line dividing a lot or parcel of land from a platted public alley.
(d) Permitted Uses In Residential Districts. Fences shall be permitted in required yards as follows:
(1) Ornamental fences:
A. Front Yards: Ornamental fences may be erected in front yards parallel to the building to a height not exceeding three feet (3') above the finished grade and/or approximately on, the common property line.
B. Side and Rear Yards: Ornamental fences may be erected in side and rear yards parallel to and on, or approximately on, the common property line to a height of not more than six feet (6').
(2) Chain link fences: Such fences may be erected to and on, or approximately on, the common property line to a height not exceeding six feet (6') above the finished grade in the rear and side yard and three (3') feet above the finished grade in the front yard.
(3) Privacy fences: Shall be permitted only in rear and side yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding eight feet (8') above the finished grade.
(4) Shrubbery and hedge: Same as ornamental fences.
(e) Permitted Uses - Commercial and Industrial Districts. Fences shall be permitted in required yards as follows:
(1) All permitted fences in Residential Districts.
(2) Chain Link Fences.
A. Commercial Districts. Shall be permitted in any required yard. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding six feet (6') above the finished grade.
B. Industrial Districts. Shall be permitted in any required yard. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding ten feet (10') above the finished grade.
(f) General - All Districts. To prevent a visual obstruction, any fence within ten feet (10') in any direction from a point where any driveway, either on the fence owner's lot or the adjoining lot, intersects with the sidewalk, the fence shall have a minimum of seventy-five percent (75%) open area.
(g) Restricted Fences - All Districts. All fences of any type of description shall conform to the following regulations:
(1) Fences which are not specifically required under the regulations for the individual zoning districts, shall conform to the following requirements:
A. No fence shall hereafter be erected, along the line dividing lots or parcels of land or located within any required side or rear yard in excess of six feet (6'), or less than three feet (3') in height above the grade of the surrounding land. No fence may be located in required front yard in excess of three feet (3') in height.
B. All fences, hereafter erected shall be of an ornamental nature. Spikes, nails or any other sharp point or instrument of any kind on top or on the sides of any fence, or electric current or charge in fences are prohibited. The top and bottom of all chain link fences on or adjacent to residential areas shall be knuckled to eliminate sharp points. Barbed wire shall be allowed on top of six foot (6') chain link fences located behind the front face of the building or behind the setback line whichever is greater in commercial and industrial districts with the exception of lots or lands or real estate for residential purposes in such districts. Barbed wire cradles may be placed on top of fences enclosing public utility buildings, or wherever deemed necessary in the interest of public safety in all districts, upon application to and approved by the Delta Board of Zoning Appeals.
(2) No fence, wall, structure or planting shall be erected, established or maintained on any corner lot which will obstruct the view of the driver of a vehicle approaching the intersection, excepting that shade trees shall be permitted where all branches are at least eight feet (8') above the road level. Such unobstructed corner shall mean a triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25') from the intersection of the street property lines extended. This shall not prohibit the establishment of shrubbery thirty inches (30") or less in height.
(h) Encroachment on Public Property. The encroachment of fences on public property is prohibited.
(i) The Planning Commission may permit other fences which are similar in character and design to one or more of the fences permitted by this Zoning Code.
(j) Corner Lots. No fence, wall, structure or planting shall be erected, established or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection, excepting that shade trees shall be permitted where all branches are at least eight feet (8') above the road level. Such unobstructed corners shall mean a triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25') from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property extended. This shall not prohibit the establishment of shrubbery thirty inches (30") or less in height. No privacy or rear yard fence shall be located closer than five feet (5') from the public right-of-way or sidewalk.
(k) Maintenance. All permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained at all times. Any such fences permitted on the property line shall be designed, constructed and finished so that the support members thereof shall face the property of the owner of the fence.
(l) Permits. No fence shall hereafter be erected or altered without first obtaining a permit therefor from the Zoning Administrator. Application shall include a sketch of the property showing location of proposed fence and a description of the type and height of such fence, as well as all other information which may be required by the Administrator in order that he may determine whether the construction of such fence complies with this Zoning Code and any other ordinances or codes.
(m) Inspection. It shall be the duty of each property owner to determine and identify to the satisfaction of the Zoning Administrator property lines, to ascertain that the fence thus constructed does not deviate from the plans as approved by the Administrator issuing permits and that such fence does not encroach upon another lot or parcel of land. The Village shall furnish such inspection as is deemed necessary to determine that such fence is constructed in accordance with plans submitted for permit; provided, however, that the issuance of such permit by the Village shall not be construed to mean the Village has determined such fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him.
(Ord. 99-2. Passed 3-1-99.)