(a) In General. In all districts, fences, walls, and hedges may be constructed in any side, rear, or front yard in accordance with the following regulations. The property owner is responsible for the location of the fence in regards to the property line, easements, and any other issues that may result.
(1) No fence or wall shall be constructed, altered, or extended without first obtaining a zoning certificate/permit in accordance with this Zoning Code with the following exceptions.
A. A zoning certificate/permit shall not be required if:
1. Only individual piece(s) or an entire panel(s) of fencing need replacement
2. The same style of fence replaces the existing fence on the exact same footprint.
(2) Fences and walls shall present the non-structural face outward, unless the fence design is an alternating individual piece or entire panel style. Here are some examples of acceptable styles:
*Structural side facing inward - *Alternate individual piece *Alternate panel
(3) Fences and walls shall be constructed in accordance with good engineering practice, be structurally sound and shall be maintained in a good and upright condition so as to not create conditions which endanger the health, safety, comfort or safety of the public.
(4) Fences and walls shall contain no advertising.
(5) Fences and walls abutting an alley shall be a minimum of five (5) feet from the property line(s) adjacent to the alley, to prevent vision obstruction.
(6) Fencing Materials.
A. Approved Materials. Fences must be constructed of wood, metal, bricks, masonry, vinyl or other materials designed for permanent outdoor fencing. Wood fences must be constructed of decay resistant wood, such as cedar or redwood.
B. Prohibited Materials. Fences constructed from snow fencing, plywood or materials originally intended for other purposes. These materials may only be used in 'active construction' phases of projects and/or on a temporary basis. They cannot be used as a permanent fixture.
1. Active construction means any building or structure that is not completed and still has a current and valid zoning certificate/permit.
2. Temporary - Within this section this means thirty (30) days from initial placement.
(c) Residential Districts.
(1) Fences, walls, and hedges constructed in residential areas shall be limited in height to six feet in the side and rear yard.
(2) Fences located in the front yard are limited to four (4) feet in height and shall be fifty percent (50%) open provided the fence does not obstruct vision as provided in Section 1125.12.
(3) Injurious materials, such as barbed wire, razor ribbon, electric fences, or spike fences, are not permitted in any residential area.
(4) Fences, walls, and hedges must be set back a minimum of six (6) inches (Engineer's survey included) from any property line, unless a written agreement is signed by the neighboring property owner. The agreement (or survey) must be filed with the application for a zoning certificate/permit. If no survey or agreement is included with application, the fence must be five (5) feet from property line.
(5) Fences, walls, and hedges must be set back a minimum of five (5) feet from property line abutting an alley.
(6) Fences, walls, and hedges may not be placed on an empty lot/parcel unless:
A. Empty lot/parcel is directly adjacent and connected to lot/parcel in which owner has an established residence.
B. Empty lot/parcel is being used for gardening purposes. This permission must be approved by the Board of Zoning Appeals prior to a zoning certificate/permit being obtained.
(d) Business Districts.
(1) Fences, walls, and hedges constructed in business areas shall be limited in height to six (6) feet and shall not extend between the building setback line and the street right-of-way line except where contiguous lands are zoned for residential use, in which case the height shall not exceed four (4) feet in the setback area.
(2) Fences shall be constructed of noncombustible materials unless the fence is constructed at a property line adjoining residential districts. Injurious materials, such as barbed wire, razor ribbon, electric fences, or spike fences, are not permitted in any business district areas.
(e) Industrial Districts.
(1) Fences, walls, and hedges constructed in industrial areas shall be limited in height to ten (10) feet.
(2) The fences may contain barbed wire, provided that barbs shall be located no less than seven (7) feet above the ground or supporting area and shall not project over adjoining property or right-of-way lines.
(3) All fences shall be constructed of noncombustible materials unless the fence is constructed at a property line adjoining residential districts.
(Ord. 2023-43. Passed 9-5-23.)