1123.21 FENCES.
(a) Definitions.
(1) "Privacy fence" means a fence made to inhibit public view and provide seclusion. Permitted privacy fences are:
A. "Basket weave or woven fence" means a fence made of interwoven strips or slats flexible or semi-flexible material in which the pattern has the appearance of plaited basket.
B. "Stockade (palisade) fence" means a fence constructed with a row of large stakes placed upright against each other. This definition shall include that fence commonly known as a "board on board" fence.
C. "Combination fence" means a solid fence five feet in height capped with a one foot high lattice top. The lattice portion shall be composed of roughly equal solid and open amounts.
(2) "Open ornamental fence" means a fence, usually made of wood, constructed for its beauty or decorative effect and having not less than twenty-five percent (25%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air. Permitted open ornamental fences are:
A. "Rail or split rail fence" means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.
B. "Picket fence" means an open fence made of upright poles or slats.
(3) "Chain link fence" means a fence, usually made of metal, consisting of loops of wire interconnected in a series of joined links.
(4) "Living fence" means a fence consisting of the growth or placement of any hedges, trees, bushes, plants or combination thereof into a vision-impairing or solid fence. For purposes of this subsection, the term "vision-impairing fence" includes any fence, hedge or group of trees, bushes or plants which impedes the ability of pedestrians, especially children, to see oncoming objects approaching from the opposite side, or impedes the ability of such oncoming objects to see pedestrians, especially children, when such pedestrians are on the front sidewalk or other part of the dedicated area of the street commonly used for pedestrian traffic.
For purposes of this subsection, the term "solid living fence" includes any hedge, group of bushes, or plants or any combination of fence, hedge, bushes or plants, if such fence, hedge, group or combination blocks entrance of light and movement of air from adjoining areas.
(b) Permitted Fences. Fences shall be permitted as follows:
(1) Open ornamental fences. Open ornamental fences shall be permitted as follows:
A. Front yards. Open ornamental fences may be erected in front yards parallel to the building line to a height not exceeding three feet; provided, however, that rail or split rail fences may be erected in front yards parallel to and three inches from the common property line and three feet from the street right-of-way line.
B. Rear yards. Open ornamental fences may be erected in rear yards parallel to and six inches from the common property line to a height not more than six feet.
(2) Chain link fences. Chain link fences shall be permitted only in rear yards. Such fences may be erected three inches from the common property line to a height not more than five six feet above the natural grade, except where swimming pool enclosure requirements shall be applicable.
(3) Living fences. Living fences shall be permitted as follows:
A. Front yards. Living fences may be erected in front yards parallel to and three feet from the common property line and three feet from the street right-of-way provided that its height is not greater than three feet and the fence is not vision-impairing.
B. Side and rear yards. Solid living fence may be erected in side and rear yards parallel to and three feet from the common property line to a height of not more than three feet in side yards and five feet in rear yards.
(4) Privacy fences. Privacy fences shall be permitted only in rear yards provided that such fences may be erected not more than six feet in height and further provided that it does not encroach upon the required side and rear yard requirements.
(c) Prohibited Fence Construction.
(1) No fence shall be constructed in any area that constitutes a recorded easement nor in any drainage swale.
(2) Where a permitted fence is erected in a front or rear yard along more than one property line, such fence shall be uniform on all sides.
(d) Corner or Through Lot. Where a rear or side yard abuts a street, fences otherwise permitted in side or rear yards shall not extend into required yards, provided, however, that this provision shall not prohibit permitted rail or split rail fences erected in such side or rear yards parallel to and not nearer than three feet to the side yard right-of-way line and three inches from the rear property line at a height not more than three feet above the natural grade.
(e) Permit. Any fence permitted herein shall require the issuance of a building permit by the Building Commissioner in accordance with Section 1311.11 of the Codified Ordinances.
(f) Prohibited Fences. Barbed wire fences and electrified fences are hereby prohibited.
(g) Maintenance. Such permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained at all times with the grass in any such area not exceeding five inches. Any such fences shall be designed, constructed and finished so that the supporting members thereof shall face the property of the owner of the fence.
(h) Penalty. Whoever violates any provision of this section shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.
(Ord. 18-2022. Passed 6-22-22.)