(A) Purpose. This section shall regulate all fences, walls, buffer strips, and similar structures unless otherwise provided in some other division of this section, including fences, walls, buffer strips, and similar structures in all uses and districts.
(B) Definition. For purposes of this section the term FENCES shall include walls, buffer strips, and similar structures consisting of an artificially constructed barrier intended to provide privacy or limit access to a zoning lot or portion of a zoning lot.
(C) Location.
(1) Fences shall be located within the side or rear yard areas of each zoning lot and, except as hereinafter provided, shall not be located in the front yard of any zoning lot.
(2) Fences may be installed on zoning lot lines where it is constructed on a joint or shared basis with the adjoining zoning lot owner or with the consent of the adjoining owner so as to create a common or shared fence for both lots. In such circumstances, it shall be the responsibility of the installing owner to provide written confirmation of the consent of the adjoining owner for installation of the fence on the property line.
(3) In single-family residential uses, fences shall not be installed in the front yard of zoning lots located in R-1, R-2, R-3, or R-4 zoning districts. Fences, walls and similar structures of a purely ornamental nature utilized for landscaping effect may be installed in the front yard in the zoning lots of such districts, however, they may not exceed 42 inches in height. Upon application to the Building Inspector and Zoning Board, subject to review and approval, nonornamental fences, walls, and similar structures may be installed in the front yards of the foregoing single-family residential zoning districts and applications, but only if same are compatible with the adjoining property and its use.
(4) In multi-family and nonresidential zoning districts, fences may be installed in front yards only with the approval of the Building Inspector upon application.
(D) Fence height.
(1) In residential rear and side yards, the maximum height of any fence shall be six feet. Where allowed, a fence located in a residential district in the front yard shall not exceed 42 inches in height. In nonresidential applications, fence height shall not be applicable to fencing which is part of a backstop, tennis court, or recreational application, however, the installation of such structures in residential districts shall require approval of the Building Inspector, subject to review by the Zoning Board.
(2) Fence height limitations are not applicable to fences built in conjunction with public utility substation facilities; municipal facilities; water or sewage treatment plant facilities; however, fences installed in such applications in residential districts may be required by the Building Inspector, subject to review by the Zoning Board, to install appropriate screening in connection with such fence installations.
(3) Fence height shall be measured at the highest point, not including columns or posts, of fence nearest the abutting property or street location. Columns or posts shall not extend more than 18 inches above the built height of the fence. Columns or posts shall be separated by a horizontal distance of at least four feet, except at gates. Any retaining wall or berm below the fence shall be considered as part of the overall height of the fence.
(E) Temporary fencing. Temporary fences may be installed around construction sites and works and erected or maintained as may be required by any applicable building code, statute, or regulation.
(F) Permitted fence types. The following fence types are permitted in all zoning districts: masonry or stone walls; ornamental iron; wood; vinyl; chain link or woven; or other material, approved by the Building Inspector, upon application and subject to review by the Zoning Board.
(G) Prohibited fence types.
(1) Fences constructed primarily of barbed or razor wire.
(2) Fences carrying an electrical current.
(3) Fences constructed of any readily flammable material such as paper, cloth, or canvas.
(4) Fences topped with barbed wire, metal spikes, concertina wire, or similar material in any residential district, except fencing installed in a permitted nonresidential application within such area such as a public institution or public utility facility and which is installed for public safety or security purposes.
(5) Fences constructed of concertina wire or comparable material.
(6) Snow fences, chicken wire, livestock, and farm style fences.
(H) Construction and maintenance standards.
(1) All fence posts and supporting fence members shall be erected so that following construction they will face to the interior of the premises served by the fence.
(2) All chain link fencing shall be installed knuckle side up. The use of spikes, broken glass or sharp or pointed instruments or materials intended or likely to cause injury to any person coming into contact with same is prohibited.
(3) All fences, walls, and similar structures shall be maintained in a good state of repair and kept clear of weeds, tall grass, trees, etc., on a continuous basis in a safe manner plum (vertical) to the ground. Fences which are not maintained in a safe manner as a result of neglect, lack of repair, manner of construction, method of placement, or otherwise, shall be repaired, replaced, or demolished.
(4) Multiple fence installations along the same lot line shall be installed so that the outermost fence will screen any other fence installed along the same lot line or yard.
(I) Other fence requirements.
(1) No fence shall be placed or retained in manner which obstructs vision at any intersection of public or private streets or ways.
(2) No fence shall block access from doors or windows. Fences shall be located at least two feet from building walls, or structures except where fences project from building wall or the structure.
(3) Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swell, or ditch, or impair in any manner the movement of water across the zoning lot.
(J) Penalties.
(1) Any person, firm, or corporation in violation of this section shall be fined no less than $50 and no more than $750 for each violation.
(2) A separate offense shall be deemed committed on each day during or on which a violation occurs, exists or continues.
(Ord. 1674, passed 8-15-2006)