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1345.01 SCOPE.
   (a)   This section sets forth regulations pertaining to the location, installation and standards for new fences in all zoning districts in the City.
   (b)   Any fence erected prior to the date of the adoption of this section which does not comply with these regulations shall be nonconforming. However, the Zoning Inspector may order appropriate remedial measures to alleviate any hazardous conditions related to any fence, whether newly constructed following adoption of this section, or constructed prior to the adoption of this section, and whether conforming or nonconforming, when the Zoning Inspector determines that such condition, without immediate remedial measures jeopardizes the health and safety of nearby residents or occupants.
(Ord. 93-6004. Passed 2-9-93.)
1345.02 DEFINITIONS.
   (a)   "Fence" means any structure composed of wood, iron, steel, masonry, stone or other material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define or enhance all or any part of any premises.
   (b)   "Privacy fence" means a fence more than three feet six inches high to a maximum of eight feet intended to inhibit public view and provide seclusion, and when viewed at right angles has less than sixty-six percent (66%) of its area open to light and air. Examples of privacy fences include, but are not limited to:
      (1)   Basketweave or woven fences. Made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a "basketweave".
      (2)   Louver or ventilating fences. Made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
      (3)   Board-on-board fences. Made of vertical wood planks supported by horizontal framing with the vertical planks usually mounted on alternating sides of the framing. The planks may or may not be placed with a space between.
      (4)   Masonry walls.
   (c)   "Ornamental fence" means a fence not exceeding three feet six inches in height constructed as a landscape or design feature to enhance a property by defining driveways, walkways or gardens, or intended for site decoration. Such ornamental fence shall not be intended to provide enclosure or security. Examples of ornamental fences include, but are not limited to:
      (1)   Rail or split rail. Constructed of narrow or whole split wooden timbers placed horizontally between upright supporting poles.
      (2)   Picket fences. Made of upright pales or slats.
      (3)   Decorative masonry walls.
   (d)   "Open fence" means a fence more than three feet six inches in height for decoration or to provide secure enclosure (such as to contain children or pets, or to prevent intrusion or trespassing) and has an open area greater than sixty-six percent (66%). Examples of open fences include, but are not limited to:
      (1)   Chain link fence. Usually made of metal consisting of loops and wires interconnected in a series of joined links.
      (2)   Rail, split rail, picket fences or wrought iron fences. Shown as examples in subsection (c) above when they satisfy the definition of "open fences".
   (e)   "Fence open area" means the percentage of the surface area which is open to light and air. Any required open area shall apply to any reasonable segment of the fence surface (approximately any one or two square feet) along any portion of the lengths or height or a fence.
   (f)   "Temporary fences" means fences erected for a specific function and limited duration. For the purposes of these regulations, temporary fences are limited to "snow fence" in place no longer than from November 1 - April 15, and "construction fences" which enclose a construction site for the duration of the construction period.
   (g)   “Wrought iron fence” means a decorative fence, including gates and posts, made of wrought iron or similar materials which reflect period architecture and design. Said fences, exclusive of gates and posts, shall not exceed four feet in height. (Ord. 97-6257. Passed 4-22-97.)
1345.03 STANDARDS FOR RESIDENTIAL DISTRICTS.
   (a)   Front Yards.
      (1)   Any ornamental fence may be permitted in a front yard provided that:
         A.   They are located in the front yard between the house and the right- of-way property line, or in the event there is a sidewalk parallel to the street located outside the public right-of-way, then between the house and the edge of the sidewalk farthest from the street.
         B.   They are erected in conjunction with appropriate landscaping, and are in scale with, harmonious and compatible with the residence on the property.
 
   (b)   Side and Rear Yards. The following fences only shall be permitted:
      (1)   Ornamental fences or wrought iron fences.
      (2)   Open fences to a maximum height of five feet provided that such fences may be constructed to a maximum height of eight feet when the property line abuts property in a commercial or industrial district.
      (3)   Privacy fences to a maximum height of eight feet.
   (c)   As used in this section:
      (1)   “Residential districts” shall mean and include the R-1A, R-1B, R-1C, RO and ROR districts established by the Zoning Ordinance, also known as Ordinance No. 91-5897.
      (2)   “Front yard” means the area extending between the side lot lines across the portion of a lot adjacent to a street and having a depth from the public right- of-way property line to front facade of the house.
         (Ord. 97-6257. Passed 4-22-97.)
1345.04 STANDARDS FOR COMMERCIAL DISTRICTS.
   In any Commercial District only ornamental fences or wrought iron fences as defined in this chapter shall be erected between the street line and the building setback line. No fence in a Commercial District shall exceed a height of eight feet. Fences proposed on a site in any Commercial District shall be reviewed by the Zoning Inspector and approved if he determines that the proposal is consistent with any previously approved plan, is compatible with the current site development if there is no approved plan; and will have a minimum adverse impact on the surrounding area. (Ord. 97-6257. Passed 4-22-97.)
1345.05 STANDARDS FOR INDUSTRIAL DISTRICTS.
   In any Industrial District no fence shall be erected between the street line and the building setback line. No fence in an Industrial District shall exceed a height of ten feet. Fences proposed on a site in any Industrial District shall be reviewed by the Zoning Inspector and approved if he determines that the proposal is consistent with any previously approved plan, is compatible with the current site development if there is no approved plan; and will have a minimum adverse impact on the surrounding area.
(Ord. 93-6004. Passed 2-9-93.)
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