(A) Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over three and one-half feet in height. Additionally, on a corner lot in a Residential District, a sight triangle shall be provided such that nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 90 feet from the point of the intersections. The following regulations shall apply to the construction of fences.
(1) No solid fence shall be constructed closer to the street than the property line.
(2) No fence erected in a required front yard shall materially obstruct public view. Permitted types of fences shall include split rail, chain link, PVC vinyl or other similar material. No component of a front yard fence shall exceed three and one-half feet in height, nor shall any structural member exceed 36 inches in cross-sectional area.
(3) No fence shall be constructed which will constitute a traffic hazard as identified in the site triangle of a corner lot (see above).
(4) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or by inadequate maintenance.
(5) No component of a fence along the perimeter of a property within Residential Districts, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six feet, except for the provisions of division (A)(10) below.
(6) All fences shall conform to the construction standards of the building code and other applicable ordinances and resolutions.
(7) In commercial and industrial districts, maximum height of fences shall be eight feet. When industry standards for certain types of businesses require fences of greater heights, the Zoning Administrator at his direction, may allow greater heights.
(8) All fences shall be constructed in such a manner that the good or "finished side" of the fence faces neighboring property. The "finished side" shall be defined as the side of the fence without support posts, brackets, etc.
(9) All fences constructed in the city shall comply with the provision of this section and obtain a building permit.
(10) All permanent in ground outdoor swimming pools shall be enclosed by a fence or wall at least six feet, but not more than eight feet in height with a gate or gates which can be securely locked.
(11) In districts AG, C-1, C-2, I-1, I-2, R-3, and R-4, the three and one-half feet height restriction between the front set back line and the street right-of-way line may be waived if a special permit for the use has been obtained in accordance with §§ 152.075 and 152.076. No special use permit may allow a fence height in the area in excess of six feet.
(12) No fence shall be constructed in any district which is in violation of § 92.25 of this code, as amended from time to time.
(13) A patio may have a privacy fence or railings that may raise a maximum of six feet from the floor of the patio, provided that the patio meets with the rear and side yard setbacks of the principal use.
(Ord. 905, passed 1-20-2015)