§ 154.312 FENCES AND WALLS.
   (A)   General.
      (1)   Fences, hedges, walls and other landscaping shall be located entirely upon the property which they serve. Fences, hedges, walls and other landscaping obstructing a utility or drainage easement or extending beyond the legal property boundary may be removed at the owner’s expense. For purposes of this section, a WALL is made of non-living material, typically brick, concrete or stone, and may be used for screening in addition to grading retention ("retaining wall").
      (2)   Barbed wire or above ground electric fences shall not be permitted, used or constructed, except in industrial districts or where livestock are permitted.
      (3)   All fences shall be maintained and kept safe and in a state of good repair and the finished side or decorative side of a fence shall face adjoining property and provide a clearance for maintenance without entering upon the neighboring property, except as provided in division (B)(3) below.
      (4)   All fences, walls, and hedges shall comply with the clear sight triangle regulations provided in § 154.271.
      (5)   No fence or wall shall exceed six feet in height, as measured from the finished grade, unless required by the city for screening, buffering or safety.
      (6)   No portion of a fence or wall projecting into the front yard of a property shall exceed 36 inches in height unless one or more of the following is met:
         (a)   The height is required by the city for screening, buffering or safety;
         (b)   The transparency of the fence is 50% or more.
      (7)   The area between a fence and property line shall be maintained in an attractive condition at all times.
      (8)   Screening or fencing shall not be erected any closer than three feet from the property line, except as allowed with a conditional use permit as seen in division (B)(3) below.
      (9)   Where the property line is not clearly defined and located, a certificate of survey may be required by the Zoning Administrator or City Administrator to establish the property boundary prior to issuance of approval.
   (B)   Approval required. 
      (1)   Fences on properties with three or more unit residences or nonresidential uses shall require a site plan review application and approval with the city, as described in § 154.066.
      (2)   Retaining walls measuring four feet in height or more shall require a building permit application and approval.
      (3)   Property line screening or fencing. A conditional use permit (CUP) shall be required for placement of screening or fencing closer than three feet to the property line.
         a.   Applicants will follow the process for a CUP, as described in § 154.067.
         b.   An access agreement on adjacent property may be required to ensure the ability to maintain the fence without trespassing on neighboring property.
   (C)   Temporary fences.
      (1)   Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four foot intervals.
      (2)   Such fences shall comply with the setback requirements set forth in this chapter.
      (3)   Temporary fences shall not be erected for more than 45 days.
   (D)   Nonconforming fences. Any fence existing on the effective date of this Code of Ordinances and not in conformance with this section may be maintained, but no alteration, modification or improvement of said fence shall occur, unless installed in conformance with this section.
(Ord. 879, passed 10-28-2020; Ord. 8.1-2021, passed 8-11-2021)