(a) Definitions. For the purpose of this section the following terms shall have the definitions as described below.
(1) "Fence" means either a perimeter fence or an accent fence.
(2) "Accent fence" means structures erected other than on lot lines or in close proximity to lot lines which have solely an ornamental purpose, and which do not serve the purpose of enclosing or partially enclosing.
(3) "Perimeter fence" means any structure composed of wood, iron, steel, stone, brick, hedge or other material, including shrubbery, erected in such a manner and position as to enclose or partially enclose any premises or part of any premises or separating premises from adjoining premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such a position as to enclose any premises or part of any premises shall be included within the definition of the word fence.
(4) "Fence height" means the distance from the base of a fence to the top of the tallest point of a support post or pier measured from the grade immediately adjacent to the fence. The height of a fence does not include customary decorative elements such as post caps, finials, and similar items so long as these items are eight inches or less in height.
(5) "Front yard" means the area of a lot located between the wall of a structure and the public right-of-way running the entire length of the lot along such public right-of-way.
(6) "Rear yard" means the area of a lot not defined as a front, side, through front, or corner side yard.
(7) "Side yard" means the area of a lot located between the wall of a structure facing a public right-of-way and the wall of the structure opposite that wall and extending from the edge of the structure to the property line.
(8) "Corner side yard" means the side yard as described above of a property on a corner lot where the side yard is adjacent to the frontage of the lot with the longest length. The Zoning Inspector may designate either side yard of a corner lot as the "corner side yard" in cases where the "corner side yard" is not functionally the rear yard of the property.
(9) "Through front yard" means the front yard as described above of a residentially zoned or used property on a through lot where the functional rear yard of the property fronts a public street. The "through front yard" is located a distance equal to 50% of the required front yard setback from the front property line. Through front yards are only present on through lots with no rear yard, as described above.
(10) "Yard types illustration." The following graphic is intended to illustrate the different yard types as defined above.
FIGURE 1289.04-1 YARD TYPES ILLUSTRATION
(b) Classification of Fences. The following shall be the classification of fences and walls for this chapter:
(1) Class 1: Masonry walls. Free standing structures made of brick, stone, block or similar masonry materials meant to enclose or accent an area. For the purposes of this section, a masonry wall does not include a retaining wall or any wall of a building.
(2) Class 2: Ornamental iron, wood/vinyl pickets, wood split rail or similar style of fence (more than 50% open).
(3) Class 3: Chain link or similar woven wire, excluding chicken wire (more than 50% open).
(4) Class 4: Wood or other materials (less than 50% open).
(5) Class 5: Barbed wire or similar security fencing.
(6) Class 6: Hedges.
FIGURE 1289.04-2 FENCE CLASSIFICATION EXAMPLES GRAPHIC
(c) Permit Required. A fence permit is required to erect, move or replace an existing perimeter fence or repair 25% or more of an existing perimeter fence. No perimeter fence or wall shall be erected unless a permit for such purpose shall have been issued by the Development Department. A signed application for such a permit shall be made in writing on a form approved by the Development Department and shall be accompanied by the following:
(1) A site plan showing the actual shape and dimensions of the lot on which such fence is to be constructed; showing the exact location, height, and length of the proposed perimeter fence, and showing the location of all structures located on the lot.
(2) A drawing or specification sheet showing the design, and construction materials of the proposed fence or wall.
(3) A fence permit fee in the amount specified in Chapter 214 of the Administration Code.
(d) Placement of Fences.
(1) Perimeter fences are permitted to be constructed on property lines and if not on the property line, a minimum setback of two feet from the property line or other greater required distance to allow for maintenance of the fence and yard area falling outside the fenced area shall be provided. This standard is meant to ensure that a minimum gap of two feet is provided between parallel-running fences on adjoining properties for the purpose of allowing the maintenance of the land between the two fences. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Development Department and the fence does not encroach on another lot or parcel of land. The issuance of the permit by the City shall not be construed as to mean the City has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her to determine the location of property lines.
(2) Fences may be located within easement areas, provided proper permission has been granted from the utility provider for which the easement has been dedicated.
(e) Location of Fences.
(1) Fences within any Residential (R-1, R-2, R-3, R-4), Office Residential (OR-1), or Office Service (OS-1) Zoning District shall conform to the following requirements:
A. Section 1289.04(f) applies to all fences.
B. Front yard. No perimeter fence is permitted. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height.
C. Front yard adjacent to corner side yard (R-3 zoning district only). Perimeter Class 2 fence is permitted. The fence shall be no taller than 48 inches and setback a minimum of four feet from the property line.
D. Side yard. Class 1, 2, 3 and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches with the exception of Class 1 fences which are limited to 32 inches in height.
E. Corner side yard. Class 1, 2, 3, 4, and 6 perimeter fences and accent fences are permitted with a maximum height of six feet with the exception of Class 1 fences which are limited to 32 inches in height.
1. No perimeter fence shall be installed further forward than the front wall of the structure on the corner side yard. Accent fences may be installed between the structure and the right-of-way on a corner side provided any such fence in accordance with division (e)(1)B. above.
2. Landscaping is required for any Class 4 fence or any fence taller than 48 inches that is facing a public right-of-way. The landscaping shall be planted within six feet of the fence and be located on the right-of-way side of the fence. The landscaping shall consist of at least one shrub, tree or similar plant material every four feet on center running the entire length of the portion of fencing that faces the public right-of-way. The plant materials shall be of a variety that, at maturity, has a height of not less than 48 inches and a spread of not less than 24 inches. The plant material shall be at least two feet tall at the time of planting. The intent of the landscaping is to obscure or soften the view of the fence from the right-of-way.
3. When the corner side yard abuts a residentially zoned or used property no perimeter fence greater than 48 inches in height can be erected further forward than the abutting property's front yard or the front setback line if the abutting property is undeveloped.
F. Rear yard. Class 1, 2, 3, 4, and 6 fences are permitted with a maximum height of six feet. Any fence located adjacent to an alley shall maintain a three foot setback from the property line adjacent to such alley.
G. Through front yard. Class 2 and 6 perimeter and accent fences are permitted with a maximum height of 60 inches. When located in a through front yard, Class 2 fences are permitted to be as low as 25% open. Class 1 fences are permitted only as accent fences and are limited to 36 inches in height.
1. No perimeter fence in a through front yard is permitted to be erected further forward than the abutting property's front yard if the abutting property is developed or the front setback line of the abutting property is undeveloped.
2. For any fence in a through front yard exceeding 48 inches in height, landscaping is required to be planted on the side of the fence facing the public right-of-way that meets or exceeds the standards of Section 1289.04(e)(1)E.2.
(2) Fences within any Agricultural (A) or Agricultural Residential (AR) Zoning District shall conform to the following requirements:
A. Section 1289.04(f) applies to all fences.
B. Front yard. No perimeter fence is permitted on lots less than two acres in size. For lots greater than two acres in size, a split rail style perimeter fence may be installed provided it is no taller than 54 inches. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height.
C. Side yard. Class 1, 2, 3, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.
D. Corner side yard. Class 1, 2, 3, 4, and 6 perimeter fences and accent fences are permitted with a maximum height of six feet with the exception of Class 1 fences which are limited to 36 inches in height.
1. On a lot less than two acres in size, landscaping is required for any Class 4 fence or any fence taller than 48 inches that is facing a public right-of-way. The landscaping shall be planted within six feet of the fence and be located on the right-of-way side of the fence. The landscaping shall consist of at least one shrub, tree or similar plant material every four feet on center running the entire length of the portion of fencing that faces the public right-of-way. The plant materials shall be of a variety that, at maturity, has a height of not less than 48 inches and a spread of not less than 24 inches. The plant material shall be at least two feet tall at the time of planting. The intent of the landscaping is to obscure or soften the view of the fence from the right-of-way.
2. On a lot when the corner side yard abuts a residentially zoned or used property no perimeter fence greater than 48 inches in height can be erected further forward than the abutting properties front yard, or the front setback line if the abutting property is undeveloped.
E. Rear yard. Class 1, 2, 3, 4, and 6 fences are permitted with a maximum height of six feet. Any fence located adjacent to an alley shall maintain a three-foot setback from the property line adjacent to such alley.
(3) Fences within any Commercial (CSD-1, NB-1, GB-1, or HS-1) Zoning District shall conform to the following requirements:
A. Section 1289.04(f) applies to all fences.
B. Front yard. No perimeter fence is permitted. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height. The Planning Commission may allow Class 1 and 2 perimeter fencing along the edges of parking lots in areas with high pedestrian activity and along the perimeter of outdoor eating areas.
C. Side yard. Class 1, 2, 3, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.
D. Corner side yard. Class 1, 2, 3, 4, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.
E. Rear yard. Class 1, 2, 3, 4, and 6 fences are permitted with a maximum height of six feet.
(4) Fences within the Downtown Commercial (CBD-1) Zoning District shall conform to the following requirements:
A. Section 1289.04(f) applies to all fences.
B. Front yard. No perimeter fence is permitted. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height. The Planning Commission may allow Class 1 and 2 perimeter fencing along the edges of parking lots in areas with high pedestrian activity and along the perimeter of outdoor eating areas.
C. Side yard. Class 1, 2, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.
D. Corner side yard. Class 1, 2, 4, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.
E. Rear yard. Class 1, 2, 4, and 6 fences are permitted with a maximum height of six feet.
(5) Fences in any Industrial (RO-1, I-1, I-2) Zoning District shall conform to the following requirements:
A. Section 1289.04(f) applies to all fences.
B. Front yard. No perimeter fence is permitted. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height.
C. Side yard. Class 1, 2, 3, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.
D. Corner side yard. Class 1, 2, 3, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.
E. Rear yard. Class 1, 2, 3, 4, and 6 fences are permitted with a maximum height of six feet. Class 5 fences are permitted and shall be no taller than eight feet with any barbed wire, razor wire, or similar elements being at least six feet above ground level.
(f) Intersection Visibility. On corner lots no fence or wall shall be erected, placed, or maintained within the triangular yard space formed by the intersecting street centerlines and a line joining points on such street centerlines 50 feet from the point of intersection of the street centerlines unless reviewed and approved by the City Engineer.
(g) Swimming Pool Fences. Fence design shall not produce a ladder effect on the outside of the fence facing away from the pool that could aid in unauthorized climbing. Pool fences must include at least one gated exit with a minimum width of 36 inches wide. This exit must open outward and be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Access gates shall be equipped to accommodate a locking device. The minimum height of pool fences shall be four feet in height above the finished grade on the side of the barrier away from the pool. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
(h) Fences Associated with Play Areas. Chain link, wire or similar fencing up to 12 feet in height may be allowed around part or all of tennis courts (public or private) or on public parks and playgrounds.
(i) Height of Fences Atop Retaining Walls. A combination fence and retaining wall may be erected. The retaining wall portion may be erected up to the level of the higher finished grade. The fence portion must be of the class and height permitted within the applicable district. These measurements shall be made at the point of the finished grade.
(j) Temporary Fencing. The Planning Commission shall have the ability to waive the requirements for fencing as outlined in this section to accommodate temporary fencing needed during active construction activities taking place on the lot in which the temporary fencing is being requested.
(k) Fences Required by the Planning Commission or the Board of Zoning Appeals. The Planning Commission or the Board of Zoning Appeals may, when acting within their review procedures, exempt a fence or wall from the provisions of this chapter when it is determined that the health, safety, or general welfare would be best served by such an exemption.
In situations where an application is filed with the Board of Zoning Appeals for a variance to allow for a fence in a front yard, the Board can consider the neighborhood context, the age of the structure, or the historic significance of the property to determine if a variance can be granted.
(l) General Requirements for all Fences.
(1) All permitted fences shall be uniformly constructed in a workmanlike manner of any commonly used fence or wall materials, such as: masonry, wood, chain link, wrought iron, vinyl or aluminum.
(2) All fences shall be constructed with the smooth, finished side of the fence facing outward toward the neighboring property and all vertical or horizontal support posts facing inside the property.
(3) The bottom of all fences shall be kept six inches above drainage swales or watercourses.
(4) Fences that are painted or stained shall be painted or stained one continuous color and shall be maintained free of peeling or flaking paint.
(5) If a new fence is being constructed in the same location as an existing fence, the existing fence shall be removed in its entirety. This provision is meant to prevent a situation where a double fence row exists on an individual property.
(6) No fence shall be erected where it prevents or unreasonably obstructs the use of adjacent property, nor shall a fence be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the Zoning Inspector may require a fence to be set back a minimum distance of not more than two feet from a driveway or property line in order to provide for the safe passage of pedestrians, bicyclists or vehicular traffic or other safety related concerns.
(7) All Class 1 fences where permitted by this section shall be subject to site plan review by the Planning Commission as outlined in Chapter 1294.
(8) Any Class 2 fence shall be permitted to have wire mesh installed on the interior side of the fence for a height of up to 36 inches. Such wire mesh, or similar material shall have openings at least one square inch in size, shall be factory coated with vinyl or a similar material and shall be a dark color such as black, green, or brown.
(9) All Class 3 fences shall be factory coated with vinyl or a similar material and shall be a dark color such as black, green, or brown. Uncoated or raw exposed metal is prohibited.
(10) Prohibited materials: The following materials shall not be used for any fence or wall:
A. Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence;
B. Corrugated and galvanized steel or metal sheets;
C. Plywood, pallets, particle board, paper, visqueen plastic, plastic tarp, or similar material;
D. Wire farm-style fencing outside of A and AR Districts; and
E. Any other material deemed inappropriate by the Development Department.
(m) Maintenance Requirements.
(1) All fences shall be constructed and maintained straight, plumb, structurally sound and of an even height along its length, except such deviations as required by grade.
Such fences shall not be allowed to become or remain in a condition of disrepair including noticeable leaning or missing sections, broken supports or nonuniform height.
(2) Missing boards, pickets or posts shall be replaced with material of the same type, color and quality.
(3) Vegetation adjacent to the fence must be maintained cut and trimmed as appropriate. Any grounds between such fences and property lines shall be maintained at all times and kept free from growing or noxious vegetation.
(4) Any landscaping required by this section shall be maintained in good, healthy condition at all times. Any dead, dying, or diseased plant material shall be replaced within three months of its removal.
(Ord. 2712. Passed 8-1-78; Ord. 6183. Passed 6-1-10; Ord. 6333. Passed 7-16-12; Ord. 6625. Passed 1-17-17; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20; Ord. 6966. Passed 6-21-22; Ord. 6983. Passed 11-15-22.)