(A) Definitions. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FENCES. Any linear structure used to impair access by persons or animals or impair visual or sound transference.
(Prior Code, Ch. 300 § 705.01)
(B) General provisions.
(1) The side of the fence considered to be the face (finished side, as opposed to the structural support) shall face the abutting property.
(2) No fences shall be permitted on public right-of-way.
(3) Fencing around swimming pools is covered by § 159.112.
(4) Fencing on nonresidential property required for screening exterior storage may exceed the limitations herein but only by conditional use permit.
(5) Unless otherwise agreed to in writing by adjacent property owners, all fence maintenance is the sole responsibility of the property owner who constructed same and that owner's successors, heirs, and assigns.
(6) Fences in excess of 6 feet above ground level shall be prohibited.
(7) No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic.
(8) In residential districts, fences located in the front yard beyond the building shall not exceed 48 inches in height.
(9) No fence shall be erected where it will impede a drainage way or drainage easement.
(Prior Code, Ch. 300 § 705.02)
(C) Location of fencing. Any fence built on a property line requires written agreement by the adjoining property owners affected. Any fence built near but not on the property line will require that the owner leave a reasonable space (3 feet or more) between the fence and the property line to allow for the maintenance of the fence and the cutting of weeds on the adjoining property owner's side of the fence.
(Prior Code, Ch. 300 § 705.03)
(D) Fences allowed by conditional use permit.
(1) Barbed wire fences or any fence of metal construction, which is charged by or connected with an electrical system, shall be allowed in the city by way of conditional use permit after the applicant has demonstrated good cause and reasonable need for the use of that type of fence on the applicant's property.
(2) Notwithstanding the cause and reasonable need for such property as a condition of granting of the conditional use permit, the City Council may require the construction of an additional fence located on the outer perimeter of the applicant's property impairing or preventing access to the barbed wire or electrically charged fence in areas where the applicant's property is located within or adjoins a residential district of the city.
(Prior Code, Ch. 300 § 705.04)
(Prior Code, Ch. 300 § 705.05) (Am. Ord. 7482, passed 8-18-1998; Am. Ord. 7555, passed 6-21-2016)