In addition to conforming to the regulations for accessory uses and structures set forth above, all fences shall meet the following requirements:
A. Height Requirement:
1. The maximum height of a fence for a nonresidential use shall be eight feet (8').
2. The maximum height of a fence for a residential use shall be four feet (4') when located in front yards and corner side yards and six feet (6') when located in rear yards, side yards, or within the buildable area of the lot. When a six foot (6') tall fence is located in any rear yard or side yard, there shall be no portion of such fence located within the ten foot (10') sight triangle of any alley, driveway or street. Lots having double frontage, one of which abuts an arterial street, may erect a fence of six feet (6') along the frontage, which abuts the arterial street. Lots that abut the railroad right of way may erect an eight foot (8') tall fence along the side that abuts the railroad right of way. In instances when a fence is not located on a property line, all portions of the subject lot shall be properly maintained. New fencing shall be located at least five feet (5') away from any parallel fence when located on the same property.
B. Minimum Setback: Setbacks shall not be required for fences except those adjacent to alleys, in which case such fence shall be set back a minimum of three feet (3') from the alley right of way.
C. Gates Required: All fences that completely enclose a residential lot shall have at least one gate access to one or more principal entrances to such dwelling.
D. Location Of Posts: All fence posts shall be located on the side of the fence facing the fence owner's property, and the fence's finished side shall face the exterior of the lot.
E. Maintenance: Every fence shall be maintained in a good and safe condition at all times. Every damaged or missing element of any fence shall be repaired or replaced immediately.
F. Additional Regulations For Fences In Residential Districts:
1. Transparency: Front yard fences in residential districts shall be constructed in such a manner so as to provide at least fifty percent (50%) open "see through" area of uniform distribution.
2. Uniformity For Townhouse Fences: Where two (2) or more dwelling units are connected by a common wall, fences for such separate dwelling units shall be of uniform height, material, type, color and design.
3. In instances when abutting properties share a driveway, no fence or any other type of raised barrier shall be installed either on or near a property line within the shared driveway area.
G. Special Regulations For Barbed Wire And Electrically Charged Fences:
1. Barbed wire and electrically charged fences may be permitted only in nonresidential districts, and only where the zoning administrator first makes a finding that such a fence is necessary to protect the safety of persons or for security of the property, and issues a permit accordingly. In making his determination the zoning administrator may consider the type of use involved and its inherent danger to the public safety.
2. Where the zoning administrator determines that a barbed wire or electrically charged fence is appropriate, the fence shall be installed at least six feet (6') above ground level, and either:
a. In a gable configuration having five (5) strands or less, or
b. Attached to an angled arm supported approximately forty five degrees (45°) to the vertical and having three (3) strands or less.
H. Dog Run: Fences erected to establish, permit or maintain a dog run shall be screened from view of the street by the primary structure, fencing, or landscaping, and shall not be closer than ten feet (10') to any side or rear lot line and twenty five feet (25') from the front lot line. Nothing herein contained shall prohibit a dog owner from allowing his or her dogs to be allowed on the owner's premises, provided that such premises are completely fenced.
I. Abutting Fences Prohibited: Fences that directly abut existing fences are prohibited when located on the same property. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-44-04, 9-7-2004; Ord. Z-8-14, 4-7-2014; Ord. Z-15-19, 7-1-2019; Ord. Z-3-20, 1-6-2020)