1155.08  FENCES AND HEDGES.
   (a)   Fences may be constructed and located as hereinafter described, subject to obtaining a Zoning Permit for same, and shall be maintained in good condition at all times.
      (1)   Each applicant for such Zoning Permit shall file an application for a Zoning Permit and it shall be accompanied by a detail drawing or drawings and other such descriptive matter as shall clearly state where the fence shall be constructed or erected and what type of fence will be constructed or erected.
   (b)   General Regulations.
      (1)   Fences or hedges at intersections shall in no case exceed in elevation a plane determined by two intersecting lines three feet above the centerline of the roadway and extending twenty feet along the intersecting right-of- way lines from their intersection.
      (2)   Fences, walls or hedges permitted by this section may be located on the property line between abutting properties, if the abutting property owners agree on its location.  If such fence, wall or hedge is needed by one owner, but the abutting property owner disagrees with its location, it may be constructed, but shall be located at least three feet within the property line in order that it may be maintained in good condition at all times.  The space between such wall, fence or hedge and the lot line of the adjoining premises shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
      (3)   Nothing in this section shall conflict or alter special requirements for uses such as swimming pools where special provisions are established for fences.
      (4)   Chain link fences shall not be permitted within a front setback in any zoning district.
      (5)   Fences shall be maintained in good condition without any advertising thereon, and shall be constructed so as not to obstruct visibility or cause an unsafe condition for motor vehicles, cyclists or pedestrians along any adjacent road right(s)-of-way.
      (6)   No fencing or hedge shall be placed in the road right of way.
      (7)   On all side, front or rear yard fences of the supporting rails and posts, the rough and unfinished sides of the fence shall face the interior of the property of the owner(s) of the fence.
   (c)   Residential Regulations.
      (1)   Fences and hedges in front setbacks shall not exceed four (4) feet in height.
      (2)   Fences and hedges in side and rear setbacks not abutting streets shall not exceed six (6) feet in height.  When the side or rear  setback abuts a street the fence or hedge shall not exceed four (4) feet in height.
      (3)   No fence in any residential district shall be constructed, in whole or in part, of barbed wire, concertina wire, guard rail or be electrified.
   (d)   Commercial/Industrial Regulations.
      (1)   Fences and hedges in front setbacks shall not exceed four (4) feet in height.
      (2)   Fences and hedges in side and rear setbacks not abutting streets shall not exceed ten (10) feet in height.  When the side or rear setback abuts a street the fence or hedge shall not exceed four (4) feet in height.
      (3)   Barbed wire may be used only to top standard security fences in commercial and industrial districts at a height of eight (8) feet or greater.
         (Ord. 09-106.  Passed 3-19-09.)