In those areas of the City zoned residential:
(a) Fences in Rear and Side Yards. No fence shall hereafter be erected within any rear yard or side yard to a height in excess of six feet four inches above the grade of the premises, or closer to the front lot line of such premises than five feet behind the front building line of the principal structure. Fences within a rear yard or side yard composed of deciduous or evergreen shrubs may exceed the maximum height limit. Fences within a rear yard or side yard may be sight-obscuring and of opaque materials intended to screen a yard from view, having such qualities as to constitute a visual barrier.
(b) Fences in Front Yards. No fence shall hereafter be erected to a height in excess of four feet above the grade of the premises at any point forward of five feet behind the front building line of a principal structure to the front setback line of the lot, or to a height in excess of three feet above the grade of the premises from the front setback line to a point one foot from the public sidewalk in any front yard. No fence shall hereafter be erected closer than one foot from a public sidewalk, and any such fence permitted beyond the front setback line must be non-sight obscuring and of an ornamental or decorative design (e.g., picket fences, split rail fences, hedgerows). Decorative or ornamental fences constructed under this section shall not be intended to enclose or be capable of enclosing animals or human beings.
(c) Fences Surrounding Pools. A fence is required in every instance and for each property upon which a pool, pond or fountain, any of which is capable of holding twenty-four inches in depth or more of water, is located, regardless of whether such pool, pond or fountain is permanent, portable or ornamental. In all such cases, the gate servicing the fenced area shall be of the self-locking type and shall be capable of being locked when the owner of the property upon which the pool, pond or fountain is located is not on the premises and when more than twenty-four inches in depth of water is in the pool, pond or fountain.
(d) Fence Materials. Fences shall be of wood, not less than three-fourths of an inch in thickness, of a chain-link type or of aluminum wire with strands not less than twelve gauge, of wrought iron, of a composite plastic material, of any other artificial material or combination of materials commonly used in fence construction that are durable and suitable for exterior use, or of deciduous and evergreen shrubs.
(Res. 01-520A. Passed 8-13-01.)