1329.05 FENCES AND WALLS.
   (a)   (1)   General Requirements.
         A.   A fence permit shall be obtained for the erection of fences less than seven (7) feet in height. A building permit shall be obtained for the erection of fences greater than or equal to seven (7) feet in height, walls and retaining walls greater than or equal to four (4) feet in height. Normal maintenance of fences and walls or replacement of like materials shall be excluded from the permit process.
         B.   No fence or wall shall obstruct the flow of stormwater, except as part of a City-approved stormwater system.
         C.   Fences and walls shall not be permitted within any right-of-way, drainage or storm water management easement, clear view triangle area, within the site visibility area adjacent to railroads, or below the 100-year Flood Plain of any lake, river, or wetland.
         D.   Fences and walls shall be exempt from Building Lines and Yard requirements except as follows:
            1.   The proposed fence or wall may not adversely affect the safety of vehicular or pedestrian traffic or cause an obstruction to vision and/or a required Sight Distance triangle;
            2.   Fences or walls located on a cul-de-sac Lot, Pipe Stem (Flag) Lot or other Lot located on a dead-end Street shall not extend beyond the front porch or principal face of any principal Structure located on any such Lot; and
            3.   Rear Yard fences shall not extend beyond the front principal face of any principal Structure on a Lot.
         E.   To avoid creating any possible no-maintenance zone(s), perimeter fences and walls shall be installed along and up to a property line but within the property limits, except, however, when a fence is shared by adjoining properties it shall be installed on the property line.
         F.   Fences and freestanding walls (other than a necessary retaining wall) in Residential and Mixed-Use Districts (as listed in Section 1325.01 ) shall not exceed seven (7) feet in height for Rear Yard applications and shall not exceed forty-eight (48) inches in height for Front Yard fences. Front Yards shall be measured from the principal face of a Dwelling.
         G.   Fences and freestanding walls (other than a necessary retaining wall) in the Medical-Institutional District shall not exceed ten (10) feet in height for Rear, Side and Front Yard applications.
      (2)   Maintenance and Materials.
         A.   Any fence or wall shall be durably constructed and well-maintained. Privacy fences shall be constructed so that the finished side of the fence faces toward abutting properties and rights-of-way unless the fence is not visible from adjoining property. Fences and walls that have deteriorated shall be replaced or removed.
         B.   A fence shall not be constructed out of fabric, Junk, Junk Vehicles, appliances, tanks, or barrels.
         C.   Electric fences, except for in-ground pet fencing, are prohibited in all Zoning Districts.
         D.   Barbed wire fences are prohibited in all Zoning Districts except, where the need is clearly demonstrated, for Civic and Institutional Use applications.
         E.   Razor fences are prohibited in all Zoning Districts.
            (Ord. 2021-07. Passed 7-21-21.)