§ 158.07 CONSTRUCTION, APPEARANCE AND MAINTENANCE.
   (A)   Appearance.
      (1)   Orientation. For all fences and screens constructed or installed after the passing of this chapter, the finished side of all fences shall face outward from the subject property. Visible supports and other structural components shall be placed and face inward toward the subject property, with exception to fences that are designed and constructed such that the fence panel components are attached to the side of a post perpendicular to the panel.
      (2)   Opacity. Any fence within a street yard, including along property lines that intersect a right-of-way shall have 70% visibility; however, fences abutting a railroad right-of-way may be solid.
   (B)   Materials.
      (1)   Residential districts. Acceptable materials for constructing fencing, walls and decorative posts include wood (that is designed, milled and treated as such to be used for fencing purposes), stone, brick, wrought iron, vinyl and chain link. Any fence within a street yard, including along property lines that intersect a right-of-way, shall have 70% visibility. All fences must be kept in good repair and appearance maintained.
      (2)   Nonresidential districts. Acceptable materials for constructing fencing and decorative posts include wood (that is designed, milled and treated as such to be used for fencing purposes), stone, brick, wrought iron, vinyl, chain link and corrugated steel panels providing that the corrugated steel panels are treated with a rust preventative treatment that is weather resistant, is compliant with § 158.05(B) herein and is approved by the Building Official. Barbed wire fencing is permitted only in manufacturing districts and at heights greater than eight feet. The height of the barbed wire is not to exceed two feet above the top of the fence to which it is attached. All barbs and prongs shall be faced toward the ground. The installation of barbed wire fencing is prohibited along any property line abutting a residentially zoned property unless set back from the property line adjacent to the residential property by no less than 15 feet. Any fence within a street yard, including along property lines that intersect a right-of-way, shall have 70% visibility.
      (3)   Nonresidential abutting residential. Privacy screening with uniform eight-foot height must be provided where business or manufacturing abuts a residential district.
         (a)   No sharp pointed pickets.
         (b)   No barbed wire fence except as permitted in division (B)(2) herein.
         (c)   No chain link topped by barbed wire except as permitted in division (B)(2) herein.
         (d)   All fences must be kept in good repair and appearance maintained.
         (e)   The portion of screening abutting a residential district and paralleling a means of egress to a public way on either side of the screening, as measured from the public right-of-way toward the interior of the abutting properties, for a distance of not less than 20 feet and not greater than 30 feet, shall comply with all regulations for that of the adjacent residential district.
      (4)   Temporary fencing following purposes may be allowed:
         (a)   Use of rolled wood or plastic snow fencing for the purposes of limiting snow drifting between November 1 and April 1.
         (b)   For the protection of excavation and construction sites and the protection of plants during grading construction. Fencing for excavation sites shall be a minimum of 48 inches in height.
         (c)   For security fencing of permitted temporary use or temporary outdoor entertainment areas.
         (d)   For the purpose of keeping wildlife out of personal gardens on residential property provided that said fencing surrounds live vegetation intended for consumption and said fencing is not a substitute for permanent fencing. Once the garden has died off and/or the garden is not being maintained, the fencing shall be removed.
      (5)   Dangerous or hazardous fences. Fences constructed of any material deemed to be dangerous or hazardous to the public’s welfare and safety by the Building Official, such as and including electrified, barbed wire and spike-topped fences shall be prohibited except as permitted in division (B)(2).
   (C)   Visibility. Any fence located within a front or street yard, including along property lines that intersect a right-of-way, shall have 70% visibility.
   (D)   Height.
      (1)   Maximum. The maximum height of any fence or decorative post shall be the following:
         (a)   Four feet when located within a required front yard or street yard on any property.
         (b)   Six feet when:
            1.   Located on any residential property, but not within a required front yard or a required street yard, except as allowed along a railroad right-of-way in division (C)(2)(b).
            2.   Located on any non-residential property abutting a residential property, but not within a required front yard or within the required front yard of an abutting residential property and set back less than 15 feet.
         (c)   Eight feet when:
            1.   Located on any nonresidential-zoned property, but not within a required front yard or a required street yard, or not within a required front yard or required street yard setback of an abutting residential property, or set back at least 15 feet.
            2.   Located on any non-residential property abutting residential property and set back more than 15 feet.
            3.   Located on any public, institutional, public utility, and recreational property.
      (2)   Exceptions.
         (a)   Non-residential uses. The maximum heights may be exceeded with the approval of a special use permit pursuant to sections §§ 155.155 through 155.157. At a minimum, the following conditions shall be established for such requests:
            1.   The increase in height shall in no way further obstruct vision for intersecting streets, driveways, sidewalks or other areas.
            2.   The fencing material, any protective treatment and appearance must be compatible with structures and property in the surrounding neighborhood.
            3.   The fencing must comply with all required setbacks herein.
         (b)   Along railroad. A fence which is constructed on that portion of property that abuts a railroad right-of-way may be permitted at a height of not more than eight feet and may be of a solid nature.
         (c)   Public recreation use areas. Public recreation use areas, courts, fields and diamonds may be enclosed along their boundaries with an open type fence to a height not to exceed eight feet.
         (d)   Swimming pools. Fencing for all swimming pools shall comply with the regulations outlined in Chapter 159, Swimming Pool Regulations. To be written and submitted at the same time as this chapter.
   (F)   Maintenance. All fences, or decorative posts shall be maintained in a structurally sound and attractive manner.
(Ord. 3875, passed 3-27-17)