1258.03  FENCES, WALLS, SCREENS AND CLEAR VISION.
   (a)   Fences that meet all of the following standards shall be permitted by the Building Official:
      (1)   Fences owned by a single property owner shall be set back at least six inches from the property line. Fences in common ownership between adjoining property owners shall not be subject to a setback requirement.
      (2)   The property line shall be surveyed and staked by a registered surveyor or civil engineer prior to the construction or replacement of any fence within five feet of a property line.
      (3)   Manmade fences constructed to enclose property or to delineate property lines may not exceed four feet in height and may not be of a material or design which materially obstructs (i.e., is more than 50% opaque) air, light or vision. Such boundary fences may not extend into the front yard of the property on which they are constructed or into the area next to the front yard of the adjacent property based on the standards set forth in Section 1246.07, Footnote 2, except that fences not exceeding six feet in height may, upon receiving special land use approval under Section 1242.03, be permitted along a lot line adjoining a public road right-of-way.  Fences constructed prior to July 13, 1992, which do not conform with this provision may remain at their locations as of that date, and may be repaired and maintained at such nonconforming locations, but may not be replaced, extended, increased in height or substantially reconstructed, except in compliance with this provision.
      (4)   Decorative architectural and landscaping fences shall be deemed to be structures which are subject to the setback requirements of this Zoning Code and all applicable provisions of the construction codes. Such fences may not exceed three feet in height.
      (5)   Fences may not be constructed of barbed wire or other inherently dangerous materials, and may not be electrified, electrically illuminated or used to carry electric current.
      (6)   Decorative and electrically illuminated entrance gates and gate posts shall be permitted (see Section 1246.07(3)(d) for additional requirements).
      (7)   Enclosures required by the Building Code for private swimming pools, spas and hot tubs shall be permitted.
      (8)   With respect to landscaping along a common property boundary between two residential properties, landscaping located along (six inches from) the boundary shall be planted so that when fully mature, the plants will not exceed 50% opacity over any 40-foot distance in that portion of the common boundary situated between the lakeshore and the point on the common boundary established by the intersection of a line drawn between the adjacent front corners of the respective two homes on each side of the common boundary (“point”) (see diagram), provided in all events that plantings shall not violate the requirements of either the Lakeshore Preservation Ordinance (see Section 1248.03(c) or the requirements for maintaining Lake views (see Section 1246.07, Footnote 2). The desired planting pattern along borders is groups of 3-7 plants in an offset (non-linear) configuration with spaces between groups. Along the balance of the common boundary (toward the street), the spacing restrictions set forth above shall not apply.
 
(Ord. 141. Passed 4-11-17.)
   (b)   Retaining walls shall be designed and constructed in accordance with the setback requirements applicable to structures and in accordance with applicable construction code requirements.
   (c)   On any corner lot, no landscaping fence, wall or other structure shall obstruct the visibility between the heights of three feet and ten feet above the road grade level in an area measuring 30 feet from the point of intersection of the road right-of-way lines and the tangent connecting the 30-foot extremities of the intersecting right-of-way lines.
   (d)   Private security gates shall be installed with a means of readily available access for fire and emergency vehicles.
   (e)   The Building Official shall enforce the provisions of this section and shall demand immediate abatement of nonconformance with this section and may issue Municipal civil infraction citations for any violation of this section.  In the event that any nonconformance with this section continues after such demand for its abatement, the City Council may, by resolution, require that the nonconformance be abated within 48 hours from receipt of written notice of such resolution, and in the event that such nonconformance is not abated within that period, the Building Official may take whatever action is necessary to abate the nonconformance.  In the event that the public safety requires immediate action with regard to any nonconformance, the Building Official may take whatever action is necessary to preserve the public safety without demand or notice.
(Ord. 90.  Passed 3–13–00.)