1286.06 FENCES.
   (a)   General Requirements.
      (1)   All fences require a zoning permit subject to the requirements of this section unless they are approved by the Planning Commission as part of an overall site plan.
      (2)   The application shall require a site plan or sketch drawn to scale in accordance with the requirements outlined in this section. A drawing or picture of the fence indicating its style, materials, and height shall also be provided.
      (3)   Fences, privacy walls, and retaining walls may be erected along property lines or within yards, irrespective of the setback requirements of this Chapter. No site plan review is required for a fence, privacy wall, or retaining wall that conforms to a residential district's Ordinance standards. In addition, the Zoning Administrator may waive site plan review for a fence, privacy wall, or retaining wall if no other structural changes or changes io the design or layout of the site are proposed.
      (4)   Corner lots are considered to have two front yards for purposes of this section.
      (5)   Fences, walls, or obscuring walls shall not contain barbed wire, electric current or charge of electricity, glass, spikes, or other sharp protruding objects. Notwithstanding the preceding provision that security fences six (6) feet tall or higher may include up to eighteen (18) inches of barbed wire in an industrial area, surrounding a public utility, or around a public safety or emergency services facility. Such barbed wire shall slant inwards toward the property or be straight up. Security fences with barbed wire in any other location or surrounding any other use require a special use permit approved by the Planning Commission.
      (6)   Fences that enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots shall not exceed eight (8) feet in height, measured from the surface of the ground, and shall not obstruct clear vision from intersecting sidewalks, streets, alleyways, or driveways.
      (7)   Recorded lots having an area in excess of two acres, if not included within the boundaries of a recorded plat, are excluded from these regulations.
      (8)   The Zoning Administrator may require the removal, reconstruction, or repair of any fence, privacy wall, or retaining wall if it is deemed that the structure is not in good condition and a hazard to the public's safety.
   (b)   Residential Districts or Uses.
      (1)   Side or Rear Yard Fences.
         A.   Shall not exceed six (6) feet in height measured from the surface of the ground.
         B.   Shall have the finished side of such fence facing the adjacent property.
         C.   Shall not extend toward the front of the lot nearer than the front of the house unless following the front yard requirements outlined in Section 1286.07(a)(2).
      (2)   Front Yard Fences.
         A.   Shall not block the view of traffic or impede clear vision of an intersecting sidewalk, street, alley, or driveway (See Section 1286.06).
         B.   Must be approved by the Zoning Administrator following - application and payment of all applicable fees.
         C.   Shall consist of split rail, decorative iron, wood, engineered wood, plastic products, or similar material.
         D.   Chain link, snow fence, woven fence, or rubber shall not be allowed.
         E.   Shall not exceed 50% opacity and shall be constructed to allow air passage through the fence to the adjacent property.
         F.   Shall not be installed in the right-of-way.
         G.   The finished side of the fence shall face the adjacent property.
         H.   The maximum height of the posts for a fence installed in the front yard shall not be greater than forty-eight (48) inches absent approval from the Zoning Administrator, and the height of the fencing between the posts shall not be greater than forty-two (42) inches.
   (c)   Business Districts or Uses.
      (1)   Side or Rear Yard Fences.
         A.   Shall not exceed eight (8) feet in height, measured from the surface of the ground.
         B.   Shall have the finished side of such fence facing the adjacent property.
         C.   Shall not extend toward the front of the lot nearer than the front of the principal building unless following the front yard requirements outlined in Section 1286.07(b)(2).
      (2)   Front Yard Fences.
         A.   Shall not block the view of traffic or impede clear vision of an intersecting sidewalk, street, alley, or driveway (See Section 1286.06).
         B.   Must be approved by the Zoning Administrator following application and payment of all applicable fees.
         C.   Shall consist of split rail, decorative iron, wood, engineered wood, plastic products, or similar material.
         D.   Chain link, snow fence, woven fence, or rubber shall not be allowed.
         E.   Shall not exceed 50% opacity and shall be constructed to allow air passage through the fence to the adjacent property.
         F.   Shall not be installed in the right-of-way.
         G.   The finished side of the fence shall face the adjacent property.
         H.   The maximum height of any part of the posts for a fence installed in the front yard shall not be greater than forty-eight (48) inches absent approval from the Zoning Administrator. and the height of the fencing between the posts shall not be greater than forty-two (42) inches.
   (d)   Industrial Districts or Uses. Industrial properties may install privacy or security fencing around the perimeter of the property lines, irrespective of the setback requirements, of up to nine (9) feet in height. Fencing shall not obstruct clear vision from intersecting sidewalks, streets, alleyways, or driveways.
(1975 Code §5.134) (Ord. 07-2003-01. Passed 8-5-03; Ord. 469. Passed 10-6-09; Ord. 566. Passed 9-6-22.)