(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FENCE or WALL. Any structure or device used for confinement, prevention of intrusion, boundary identification or screening of an activity.
HEIGHT OF WALLS AND FENCES. Fence heights shall be measured from the top of the fence to the level of the ground on the inside of the fence.
OPEN STYLE FENCE. A fence that is at least 75% open and which does not create a visual hazard for pedestrians and drivers.
SCREENING DEVICE. A specific application of a wall or fence to conceal areas used for refuse, mechanical equipment, utilities, parking, multi-family residential developments and commercial and industrial activities from adjacent Residential Districts or from street views.
SIGHT-OBSCURING FENCE. An opaque fence providing a complete visual barrier to persons outside the perimeter of the sight-obscuring fence. A slatted chain-link fence shall not be considered a SIGHT-OBSCURING FENCE.
(B) Provisions constitute minimum requirements. In interpreting and applying the provisions of this section, the requirements contained in this section are declared to be the minimum requirements.
(C) Fences; residential standards.
(1) Side yards and rear yards. In any required side or rear yard on lots, the height of fences shall not exceed six feet in height.
(2) Front yards. Fences in required front yards shall be allowed; provided, that solid type fences shall not exceed three feet in height, and a fence 75% open, shall not exceed four feet in height.
(3) Corner or double frontage lots. In addition to the other provisions contained in this section, fences located on corner or double frontage lots shall be subject to the following provisions.
(a) Any fence, wall and/or hedge on the front yard setback shall not exceed three feet in height if opaque construction, or four feet in height if open construction as defined in division (C)(2) above.
(b) In the side yard setback which fronts on a street, height up to six feet shall be allowed beyond 40 feet from the intersection measured from the intersection of extended curb lines. Height within the 40-foot area shall conform to the requirements of a front yard setback.
(c) Heights on the rear yard setback and interior side yard setback shall not exceed six feet.
(4) Lots with slopes. A fence may be built upon a slope greater than 15%; provided, that the following conditions are met:
(a) Fences shall be located only upon areas constituting usable land unless otherwise approved by the Planning Department.
(b) The fence shall be built in accordance with this subchapter and comply with all restrictions imposed by setbacks and the like, as defined in this chapter.
(c) All requirements of the sensitive lands regulations shall be met prior to the construction of the fence.
(D) Recreational facility fencing. A fence enclosing a recreational facility (whether public or private), such as a tennis court, sports court, swimming pool and the like, may be allowed up to ten feet, as long as it is not sight-obscuring, is located at least five feet from the property line, and is not within the minimum front yard setback area. A fence which is greater than ten feet in height and/or closer than five feet to a property line may be permitted with a conditional use permit. All fences in excess of six feet in height require a building permit before construction.
(E) Fences in commercial, industrial, institutional and multiple-family developments. For all commercial, industrial, institutional and multiple-family developments, the following shall apply to any lot or parcel:
(1) A wall or fence shall be a maximum of six feet in height, with the exception that any wall or solid fence located within 20 feet of a public street shall be a maximum of three feet in height, and any fence 75% or more open, located within 20 feet of a public street, shall be a minimum of four feet in height;
(2) Any outdoor storage area shall be screened from view by a minimum six-foot-high wall or a solid barrier, sight-obscuring fence constructed of or finished with materials to match or complement the main building material on-site;
(3) A solid, sight-obscuring fence or wall of masonry, wood, vinyl or similar material shall be constructed along property lines which adjoin an area which is primarily residential. Such wall or fence shall be a minimum of six feet in height, except that the first 20 feet from the street property line shall be stepped down to three feet in height. The fence or wall shall be constructed of materials compatible with the principal buildings or architectural character of the surrounding neighborhood; and
(4) Transformers, substations, transmission, pump and/or related generator facilities shall be fenced or screened with a sight-obscuring fence or wall constructed of materials compatible with the principal buildings or architectural character of the surrounding neighborhood if located within a commercial or residential area or if located in an industrial, agricultural or open space area fenced for security purposes with a minimum of an open style fence. All such fences or walls shall be a minimum of six feet in height.
(F) Vacant lots.
(1) For the purpose of this section, it shall be presumed that a vacant lot shall contain a minimum front, side and rear yard that are otherwise required by ordinance.
(2) In any required side and rear yard on vacant lots, the maximum height of fences or other similar structures shall be six feet.
(G) Retaining walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.
(H) Exceptions. The provisions of this section shall not apply to certain other fences such as tennis court backstops or patio enclosures in the front, side or rear yards, if approved by the Planning Commission, if in its opinion they do not create a hazard or violation of other ordinances.
(Prior Code, § 8-6-37) (Ord. 12-05, passed 6-5-2012)