§ 155.044 FENCING REGULATIONS.
   (A)   Fence preferences. Properties shall be open and unfenced or, if fenced, have an open fence or a living fence at the property periphery. Such fence shall be sufficiently set back from the lot line so that all of the fence structure is contained on the subject property. However, unless provided otherwise within this chapter, up to 15% of any property perimeter may be fenced by a privacy fence. A masonry fence shall be used sparingly and shall not be used as periphery fencing to enclose an entire parcel; instead, a masonry fence shall be used primarily in areas where retaining walls are necessary.
   (B)   Conditional use; permitted fences. All fences shall be considered a conditional use, with the exception of the following, which may be installed without a conditional use permit:
      (1)   Living fence;
      (2)   Garden fence; and
      (3)   Tree and plant protective fence.
   (C)   Chain link fences.
      (1)   A chain link fence may be permitted around tennis courts or to contain domestic pets, provided that it is, in all circumstances, not located in front yards and is set back from the property line by five feet and is screened by a living fence on all sides which face adjacent property or a public way. In any Institutional (I-1), Special Institutional (I-2) or Planned Institutional (I-3) District, chain link fencing other than for softball/baseball backstops requires a conditional use permit from the Commission.
      (2)   In particular, the Commission may grant a conditional use permit for a chain link fence to be used by a school or day care facility.
   (D)   Masonry fences. All masonry fences shall be less than three feet tall from grade, excluding ornamental post finials.
   (E)   Open fences. All open fences, when viewed at a position of 90 degrees from the fence line, shall be at least 40% open and unobstructed space and shall be less than five feet tall from grade, excluding ornamental post finials.
   (F)   Finish for plastic, vinyl and synthetic materials. Any fence constructed of plastic, vinyl or other synthetic material, shall have a matte or non-reflective surface.
(Ord. 1999-03, passed 3- -1999; Ord. 2013-04, passed 2-4-2013)