§ 153.049 FENCES.
   (A)   General regulations.
      (1)   It is unlawful for any person to construct or cause to be constructed any fence over three feet in height without a permit
      (2)   All fences shall be located entirely upon the property of the person causing the fence to be constructed.
      (3)   Fences in excess of three feet in the front yard are not permitted (corner lots are considered to have two front yards). Fences may be greater than three feet behind the front building line of the principal structure.
      (4)   No residential fence shall be greater than seven feet in height.
      (5)   Commercial and industrial fences may exceed seven feet in height but may not be greater than 12 feet in height. Fences between eight and 12 feet in height shall require a conditional use permit (CUP). The CUP request shall be considered in relation to traffic visibility, potential interference with street or pedestrian/bicycle traffic, common conditions in the immediate neighborhood, maintenance, materials, and any other factors considered relevant by the City Council to the construction of said fence.
      (6)   That side of the fence considered to be the evident finished side or face (such as, the finished side having no structural supports) shall face outward toward abutting property or public spaces or uses. Vegetation or landscaping located between the abutting property lines and finished side of fence shall be entirely maintained by the owner of the fence.
      (7)   Fences shall not obstruct any natural or constructed drainage patterns or wetlands or in any way adversely impact any neighboring properties.
      (8)   Fences shall not be constructed from barbed wire, chicken wire, welded wire, plastic deer fence netting or similar product, snow fence, branches, or materials originally intended for other purposes.
      (9)   All fencing shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger or constitute a nuisance. Any fence which is, or has become dangerous to the public safety, health, or welfare, is a public nuisance, and the Zoning Administrator shall commence proper proceedings to abate the nuisance condition. Existing fences are allowed to be rebuilt in their current location.
      (10)   Retaining wall structures may be subject to review by the City Engineer. Retaining walls shall be subject to the same height requirements as fences.
      (11)   Fencing located within any public right-of-way, drainage or utility easements may be removed by the city without notice or liability for damages caused by the removal.
      (12)   Fence height shall be measured from the natural grade to the top of the fence at any point, with the exception that a fence may include an additional six inches of height for post-top finials or similar decorative features on posts only.
      (13)   Except as specified in this section, all wire fences, including barbed wire fences, electrical fences, and chicken and hog wire fences, shall only be permitted in the UR District when related to a farm use.
   (B)   Residential and commercial district regulations.
      (1)   All fences shall be constructed of stone, brick, finished wood, chain link, PVC, composite material, wrought iron or similar material, or other approved materials as determined by the Zoning Administrator.
      (2)   In commercial districts, fences in the rear yard greater than seven feet in height may be permitted with a conditional use permit.
      (3)   Except for agricultural uses in the UR District, fences shall not be supported using metal T- or U-posts or similar agricultural product or constructed of traditional agricultural materials.
   (C)   Industrial regulations.
      (1)   All fences shall be constructed of stone, brick, finished wood, chain link, PVC or composite materials.
      (2)   Barbed wire security fencing may be used in heights above seven feet.
(Ord. 583, passed 8-26-2019; Ord. 590, passed 4-12-2021)