(A) Fences or walls located in a side or rear yard shall not exceed six feet in height, measured from the interior bottom of the fence or wall to the uppermost portion of the sections in-between the support posts or pillars. A gap no larger than six inches is allowed between the natural grade and the bottom of the fence to allow for uneven grade. Support posts and pillars are allowed a 12 inch height encroachment for decorative elements.
(B) Fences or walls erected in any front yard, including both street sides of a through lot, shall not exceed 48 inches in height, measured from the interior bottom of the fence or wall to the uppermost portion of the sections in-between the support posts or pillars, and shall be no more than 50% opaque for the sections of fence or wall in-between support posts or pillars. A gap no larger than six inches is allowed between the natural grade and the bottom of the fence to allow for uneven grade. Support posts and pillars are allowed a 12 inch height encroachment for decorative elements. Driveway entryway pillars may be up to six feet in height, up to 30 inches in width/depth and allow an 18-inch height encroachment for decorative elements (such as gas lamps).
(C) A fence or wall up to six feet in height shall be at least ten feet off of the street right-of-way line on the street side yard of a corner lot, or must be in alignment with the current house setback, whichever is less. Any fence or wall within that ten foot setback, or closer than the established side yard setback of the house, shall not exceed 48 inches in height, measured from the interior bottom of the fence or wall to the uppermost portion of the sections in-between the support posts or pillars, or shall have clear visibility through it (such as a chain link fence or a metal rod fence) and be set back at least one foot from the right-of-way line. In addition, no fence or wall may be located in the clear vision area required by § 3.38 of the city code unless it is no more than 50% opaque.
(D) In the case of a flag lot, in consideration of the unique characteristics of such lots, a fence as described in division (A) above shall be permitted in any area where such fence would be permitted on an adjoining lot, plus any area behind the rear lot line of any interior lot within 25 feet of the subject property. In all other areas, a fence as described in division (B) above shall be permitted.
(E) A fence or wall lawfully in existence as of the adoption of divisions (B), (C) and (D) above that does not conform to the requirements of divisions (B), (C) and (D) (a "preexisting fence or wall") may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No preexisting fence or wall may be enlarged or altered in a way which increases its nonconformity.
(2) If a preexisting fence or wall is moved for any reason, it shall thereafter conform to the regulations of divisions (B), (C) and (D).
(3) Repair and maintenance work may be performed on a preexisting fence or wall on interior and corner lots only provided that its nonconformity as it existed at the time this section was adopted is not increased. Repair and maintenance are defined as replacing no more than 25% of a section of non-conforming fence within a 12-month timeframe. Repair and maintenance work may be performed on a preexisting fence or wall on through lots provided that its nonconformity as it existed at the time this section was adopted is not increased. Repair and maintenance are defined as replacing no more than 5% of a section of non-conforming fence within a 12-month timeframe.
(4) Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of a preexisting fence or wall or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(F) Fences and walls shall be constructed and maintained vertical to the contour of the adjoining land. All fences constructed or reconstructed following the adoption of this section shall have the finished side facing neighboring property. The back side of a fence shall face the owner's property and shall contain the fence posts and bracing. Fences with double finished sides including fence panels, decorative bracing and posts are permitted.
(G) There shall not be attached, affixed, or placed on any fence or wall any spike, nail, barb (including barbwire), or other pointed instrument, and all cleaved selvages and sharp points on wire fences shall be removed or bent to eliminate any sharp extrusions.
(H) No fence or wall shall be constructed or maintained which is charged or connected with an electrical current.
(I) Temporary construction fences or fences for protection around excavations shall comply with all requirements of the National Building Code. Such fences shall not be maintained for a period greater than a year without approval of the Zoning Board of Appeals.
(J) Fences enclosing tennis courts shall not exceed 12 feet in height and shall be of a standard open wire-mesh type and if in excess of six feet in height shall not encroach upon the side yard required to be maintained under the provisions of Chapter 50, Zoning, of this code without the prior approval of the City Commission. The City Commission, in considering applications to construct such fences, shall give consideration to the character of the neighborhood and the preservation of property values and may attach to its approval such conditions regarding the location, character, landscaping, or treatment thereof as it may deem to be reasonably necessary for the protection of the neighbors and for the furtherance of the intent of this chapter.
(K) No fence or wall shall be erected within one foot of any lot line abutting a street right-of-way line.
(L) Provisions of the city code in this title dealing with fencing requirements for swimming pools may in some instances be inconsistent with the requirements of this section. Any such inconsistencies shall be addressed by filing for an exception as provided in division (M) below.
(N) Prior to installing or having a fence installed upon a parcel of property, the owner of the property or the owner's contractor must obtain a fence permit from the city. The procedure for obtaining this permit will be set forth in the fee resolution adopted by the city from time-to-time for other required permits.
(O) The illustrations found at the end of this chapter are to assist with the interpretation of these regulations as they pertain to interior, corner and through lots.
(Ord. effective 10-26-2018; Ord. effective 11-1-2019; Ord. effective 3-26-2021; Ord. effective 1-1-2022; Ord. effective 2-2-2024)