(a) Purpose. Properly designed and installed fences provide screening, privacy and security, delineate boundaries, improve pedestrian and vehicular traffic flow, and enhance aesthetics on private property. Fences are permitted within any zoning district and may be required in some districts for screening purposes as specified in applicable sections of this Zoning Code. The purpose of these regulations is to:
(1) Control the design and installation of fences;
(2) Protect the general appearance of properties within the community; and
(3) Preserve the health and safety of the general public.
(b) Agricultural Uses Exempted. Any premises whose principal use is agriculture shall be exempt from subsection (f) below if approved by the Zoning Administrator.
(c) Means of Emergency Access Required. Fences located in any zoning district within a front yard shall include at least one permanent opening or unlockable gate with a minimum width of four feet to provide emergency access to the principal building or to the enclosed areas of the property.
(d) Fences Permitted by Material, Type and Style. Durable, weather resistant and rustproof materials such as wood, metal, vinyl and stone, as certified by the Zoning Administrator, may be used in the following fence types:
(1) Board-on-board, louver or shadowbox;
(2) Rail or split rail;
(3) Basket weave or lattice;
(4) Open palisade or stockade;
(5) Standard picket;
(6) Decorative, finished concrete or masonry;
(7) Invisible fences consisting of a low voltage (2.5 watts or less) wire buried beneath the ground, used to activate a device placed on the collar of dogs or other similar pets to contain them on the premises. Invisible fences shall be restricted to private property; or
(8) Vinyl coated chain link.
(e) Fence Gates and Ornamentation. All fence gates and ornamentation shall be constructed of the same style and color as the predominant fence materials.
(f) Fences Prohibited by Location, Material, Type and Style. The following fence location, materials, types, and styles shall be prohibited:
(1) Dangerous fences installed above ground, such as electrified, barbed wire, unfinished, non-durable, sharped edge, rusted, or other such fences designed to inflict pain or cause injury, not including radio frequency fences, shall be prohibited within any zoning district;
(2) Chicken, mesh or woven wire fences;
(3) Deer fences;
(4) Snow fences;
(5) Non-decorative concrete or masonry wall fences;
(6) Plywood, particle board and other non-traditional fence materials deemed unacceptable by the Zoning Administrator;
(7) Any part of a fence or fence gate located within a public right-of-way; and
(8) Any part of a fence or fence gate containing a sign or message other than the name of the fence manufacturer not to exceed ½ square foot.
(g) Facing. All fences shall be installed so that support posts and other support mechanisms face the inside part of the fence.
(h) Residential Rear Yard Fence Requirements.
(1) Rear yard fencing shall not be erected in front of the rear building line of the principal building.
(2) The maximum height permitted in a rear yard shall be six feet.
(3) Within any residential district, any style or type of fencing other than those listed as prohibited fences are permitted in the rear yard.
(4) An exception for tennis and basketball courts is granted to allow 12 feet, provided any part of the fence above six feet shall be constructed of an open material which minimally obstructs vision.
(5) In all residential zoning districts except the C Conservation Development, SE Suburban Residential and PUDs with residential uses, wire fencing, including chain link shall only be permitted in the rear yard.
(i) Residential Front and Side Yard Fence Requirements.
(1) The maximum height permitted for fences located within a front yard shall be 48 inches. The fence located within a front yard shall be constructed using such materials or construction methods as to achieve a minimum transparency of sixty percent (60%). The openings of the fence that provides that transparency shall be evenly spaced throughout the vertical surface. Picket, split rail or ornamental metal are permitted.
(2) Side yard fencing shall not be erected in front of the front building line of the principal building. The maximum height for fences located within a side yard shall be six feet or 72 inches.
(j) Residential Front and Side Yard Fence Requirements for Corner Lots.
(1) The maximum height permitted for fences located within a front yard on a corner lot shall be six feet or 72 inches provided the fence is behind the front building line of the house and is set back a minimum of 10 feet from the right-of-way.
(2) The maximum height permitted for fences located within a side yard on a corner lot shall be six feet or 72 inches.
(k) Residential Fence Exceptions. Noncontiguous fence components that reasonably do not provide screening, privacy or security and are not greater than 18 inches in height and three feet in linear width shall not require a fence permit.
(l) Non-Residential Fence Requirements.
(1) The maximum height permitted for fences located in any yard shall be six feet.
(2) Any fence located in a required front yard shall not exceed four feet, or 48 inches in height.
(3) The maximum height permitted for fences located within a front yard on a corner lot shall be six feet or 72 inches provided the fence is behind the front building line of the principle structure and is set back a minimum of 10 feet from the right-of-way.
(m) Fence Permit Required.
(1) A permit is required prior to the installation of a new fence or fence section, or the relocation of any part of an existing fence located in any yard.
(2) A fence permit application shall be submitted on forms provided by the Zoning Administrator signed by the owner of the property or by the commercial fence contractor, if applicable.
(3) A fence permit application shall be accompanied by plans or drawings showing the actual shape and dimension of the lot on which the fence is to be installed, and the exact height, location, length, and type of fence materials proposed.
(4) The applicant is responsible for confirming that the fence will not encroach into an adjoining property or into a right-of-way.
(5) Permits for Regular Maintenance Not Required.
(6) A permit shall not be required for regular fence maintenance. Regular maintenance includes any activity which does not result in the relocation, change in elevation, size or extension of an existing fence or fence section. Any regular maintenance shall require the use of the same style and color of materials as the predominant fence materials.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)