§ 160.030 FENCING, SCREENING AND LANDSCAPING.
   (A)   Height. No fence shall exceed eight feet in height, and in the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade.
   (B)   Intersections. No structures or plantings 30 inches or more in height, or fences shall be permitted within 30 feet of any corner formed by the intersection of street property lines or the right-of-way of a railway intersecting a street, except properly constructed chain link fences. The chain link fences shall not exceed 48 inches in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five-eighths inches, nor more than two and one-fourth inches. The fences may follow the lot line to the lot corner. The 30-foot restriction noted above shall consist of the triangle formed by connecting the two points on intersecting lot lines that are each 30 feet from the lot corner.
   (C)   Location.
      (1)   Except as provided in division (B) above, fences not to exceed 48 inches in height may be located on any part of a lot. Fences not to exceed 96 inches in height may be erected on any part of a lot behind the front line of the principal building. The City Council may require or approve fencing up to 96 inches in height in a front yard to satisfy a buffer or screening condition of a development review or conditional use permit.
      (2)   A fence or retaining wall shall be installed on the applicant’s property. The fence or retaining wall shall not be installed directly over the property line, but shall not otherwise be subject to a setback requirement, except as provided in division (C)(3) below.
      (3)   Fences on corner lots whose side yard abuts a roadway may be six feet in height beginning at the front building line of the principle structure.
   (D)   Landscaping required. In all zoning districts, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. The requirements of § 160.419 of this chapter must be met for all new developments in the R-3, R-4, B-1, B-2, B-3, B-4, I-1 and PUD Districts.
   (E)   Surface of fences.
      (1)   Any fence shall be so constructed that the surface facing adjoining properties or public rights-of-way shall be of finished construction.
      (2)   No fence or wall shall obstruct natural drainage or impede the function and flowage within a dedicated drainage easement.
      (3)   Fences located on public and semi-public properties may be erected to a height of eight feet anywhere on the property.
   (F)   Required screening. The fencing and screening required by this chapter shall be subject to divisions (A) through (E) above and shall consist of either a fence or a green belt planting strip the height of which shall be sufficient to adequately shield the activity from the abutting properties.
      (1)   A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. The planting strips shall not be less than eight feet in height. Earth mounding or berms may be used but shall be limited to an average of five feet of the height of the required screen. The planting plan and type of shrub shall require the approval of the Planning and Zoning Commission based upon a recommendation of the Director of Public Works/Parks and Recreation and Building Inspector.
      (2)   A required screening fence shall be constructed of masonry, brick, wood or steel. The fence shall provide a solid screening effect and not exceed eight feet in height or be less than six feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Planning and Zoning Commission based upon a recommendation by the Director of Public Works/Parks and Recreation and Building Inspector.
      (3)   Ground cover shall be established within six months, weather permitted, following issuance of the building permit. Ground cover material shall be of a type as to control erosion.
   (G)   Prohibited materials.
      (1)   Barbed wire, razor wire or other materials which could cause bodily harm shall be prohibited, and no fence or property shall be wired and designed to conduct and emit an electrical charge, except as allowed for below.
      (2)   Facilities providing essential services or municipal and governmental services may erect barbed wire, or other materials having a similar deterrence, upon notice to properties within 350 feet and upon approval of the City Council.
(Prior Code, § 1103.08) (Ord. 658, passed 08-14-2000; Ord. 773, passed 08-14-2006; Ord. 785, passed 12-10-2007; Ord. 909, passed 11-09-2015) Penalty, see § 160.999