1175.05 FENCES AND SCREENING DEVICES.

   (a)   Fences are permitted in any R, MF, OS, MH or MH/R District subject to the following conditions:

      (1)   Fences shall not exceed six feet in height, measured from the surface of the ground.

      (2)   Fences may extend along side lot lines beyond the front of the principal building, provided they do not extend into the right of way.

      (3)   Fences or parts of fences extending beyond the front of a principal building shall not exceed four feet in height and shall not obscure the view from adjacent properties.

      (4)   Fences may extend across any front yard parallel to the principal building provided they are not located within the right of way and that there is at least one permanent opening with a minimum width of four feet to provide emergency access to the building.

      (5)   All fences shall comply with the requirements of section 1175.05 as it applies to fence installation and materials, but in no instance shall a fence contain barbed wire, electric current or a charge of electricity.

      (6)   All fences and walls shall be constructed of materials approved by the Zoning Administrator as durable, weather resistant, rustproof and aesthetically pleasing.

      (7)   Permitted fences:

         A.   Open ornamental fence - Definition: A fence usually made of wood constructed for its beauty or decorative effect and, when viewed at right angles, having not less than fifty percent (50%) of the area of its vertical plane, the area within a rectangular outline enclosing all parts of the fence in its plane, open to light and air. Permitted open ornamental fences are:

            1.   "Rail" or "split rail fence" constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.

            2.   "Picket fence" means an open fence made of upright poles or slats.

         B.   Privacy fence - Definition: A fence made to inhibit public view and provide seclusion and when viewed at right angles, having more than fifty percent (50%) of the area of its vertical plane, the area within a rectangular outline enclosing all parts of the fence in its vertical plane, closed to light or air. Permitted privacy fences are:

            1.   "Basket weave" or "woven fence" means a fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket.

            2.   "Louver" or "ventilating fence" means a fence made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.

         C.   Chain link fence - Definition: A fence usually made of metal consisting of loops or wire interconnected in a series of joined links.

         D.   Stockade fence or palisade fence - Definition: A fence constructed with a row of large pointed stakes placed upright against each other having more than fifty percent (50%) of the area of its vertical plane closed to light or air.

   (b)   In any MF, OS, B, CB, HS or I District, any nonresidential or multifamily use shall provide an obscuring fence, wall or greenbelt in accordance with the following conditions:

      (1)   The minimum height shall be six feet and the maximum height shall be eight feet.

      (2)   A fence or wall may extend beyond the front of the principal building or structure, provided it does not exceed four feet in height.

      (3)   Required fences or walls shall be located as close as possible to the property line except where such fence or wall interferes with underground utilities or surface water drainage conditions.

      (4)   Fences may extend across any front yard parallel to the principal building, provided they are not located within the right of way and that there is at least one permanent opening with a minimum width of four feet to provide emergency access to the building.

      (5)   All fences and walls shall be constructed of materials approved by the Zoning Administrator as durable, weather resistant, rustproof and easily maintained.

   (c)   Permit Required. No person shall erect any fence or screening device without first obtaining a building permit and paying the required fee of thirty dollars ($30.00) for said permit.

(Ord. 13-031. Passed 2-5-13.)