§ 156.136  FENCES AND WALLS.
   (A)   Except as otherwise noted, fences or walls are permitted in the various districts subject to the following regulations:
      (1)   In Residential (R) Districts.
         (a)   Within required rear and side yard areas the maximum height of a fence or wall shall be six (6) feet.
         (b)   Within the required front yard area, the maximum height of a fence or wall shall be five (5) feet.
         (c)   No electrical, chicken-wire or barbed wire fences in a Residential (R) districts are permitted.
      (2)   In Business or Industrial Districts. Within all required yard areas, the maximum height of a fence or wall shall be eight (8) feet.
   (B)   The general regulations of this subsection apply to all fences, regardless of the zoning district in which they are located.
      (1)   All fences must be constructed in a workman-like manner of customary or normal fencing material.
      (2)   The materials used in fence construction must be manufactured and marketed for construction of permanent fences. Brick and stone are permissible materials for fences.
      (3)   Materials typically used for temporary fences such as plastic, PVC, or similar materials may not be used for permanent fences unless it can meet the following criteria.
      (4)   Bright colors such as orange, yellow or red are not permitted for permanent fences.
      (5)   All fence support structures must be located on the inside of the fence covering material.
      (6)   All fences must be maintained in a reasonable condition and vertical position, and any missing or deteriorated slates, pickets, other fencing material, or structural elements must be replaced within a timely manner with the same type of materials and workmanship.
      (7)   No fence may be used to display any sign or advertising material other than a small maximum 1 square foot-placard identifying the sign contractor/manufacturer.
      (8)   Fences around tennis courts, swimming pools and other similar recreational facilities are expressly exempt from otherwise applicable fence height limitations.
      (9)   Electrically charged fences are prohibited, except in accordance with the following regulations.
         (a)   Electrically charged fences in conjunction with bona-fide farming activities shall be permitted in R-40 and R-20 zoning districts.
         (b)   The construction and use of electrified fences shall be permitted in the General Industrial (GI) zoning district, and may be approved through approval of special use permit in the General Business (GB) zoning district provided the following standards are met:
            1.   Electrif ication.  The energizer for electric fences must be driven by a commercial storage battery, not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger. Additionally, the electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of the International Electro Technical Commission (IEC) Standard No. 60335-2-76.
            2.   Perimeter fence or wall. No electric fence shall be installed or used, unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet in height. In no case shall the non-electrical fence or wall exceed the maximum height allowed in the underlying zoning district for non-electrical fences.
            3.   Height. Electric fences shall not exceed the height of the surrounding non-electrical fence or wall by more than two feet.
            4.   Warning signs.  Electric fences shall be clearly identified with warning signs that read “Warning-Electric Fence”, in both the English and Spanish language, at intervals of not less than 60 feet.
            5.   Accessibility. If required by the Fire Department, a Knox Box shall be required and installed to support emergency access to properties contained within electric fences.
            6.   General Business District (GB).  A special use permit is required for electric fences in the GB zoning district. Electric fences shall be limited to enclosing permitted outdoor storage areas or warehouse-type uses. or upon determination of site-specific characteristics, such as compatibility with adjacent uses, preponderance of criminal activity, site design issues, such as isolated location or easy access to building entry, or criminally targeted uses involving indoor storage of chemicals, pharmaceuticals and similar materials that require the specialized protection of an electric fence. All other standards in the section shall be met.
            7.   Hold harmless agreement. The owner of the electric fence shall enter into an indemnification and hold harmless agreement with the City of Monroe prior to approval for installation.
      (10)   Barbed wire fencing is prohibited except in the R-40 and R-20 district, where it may be used in conjunction with bona-fide farming activities. Barbed wire fencing may also be approved as part of a special use permit when deemed necessary to protect health and safety in association with utility structures, landfills, airports or similar facilities. When approved outside the R-40 or R-20 districts, barbed wire fencing must be located at least seven feet above grade.
   (C)   Except as otherwise noted, fences or walls are permitted in the various districts subject to the following regulations:
      (1)   In Residential (R) Districts.
         (a)   Within required rear or side yard areas the maximum height of a fence or wall shall be six (6) feet.
         (b)   Within the required front yard area, the maximum height of a fence or wall shall be five (5) feet.
         (c)   No fence shall be constructed within a storm drainage easement which may result in the impediment of the flow of the storm water runoff.
      (2)   In Business or Industrial Districts. Within all required yard areas, the maximum height of a fence or wall shall be eight feet. (Ord. O-2004-18, passed 6-1-04; Am. Ord. O-2005-44, passed 12-6-05; Am. Ord. O-2011- 18, passed 10-4-11; Am. Ord. O-2014-13, passed 9-2-14)