(A) Height.
(1) Residential uses. Fences and freestanding walls (i.e., exclusive of building walls) for residential uses shall not exceed the following height above grade, where grade is measured from the base of the subject fence or wall:
(a) Within front or street-side yard setback: four feet; except the following additional height is allowed.
1. A fence may be constructed to a maximum height of six feet where the fence is of open chain link or other “see-through” composition that allows 90% light transmission.
2. One incidental garden structures (e.g., arbor or gate) not exceeding eight feet in height and six feet in width is allowed within a front or street-facing yard provided it does not encroach into a required clear vision area.
(b) Within an interior side or rear yard setback: six feet, provided, however, the fence or wall height, as applicable, shall not exceed the distance from the fence/wall line to the nearest primary structure on an adjacent property.
(2) Nonresidential uses. Fences and freestanding walls (i.e., exclusive of building walls) for nonresidential uses shall not exceed the following height above grade, where grade is measured from the base of the subject fence or wall:
(a) Within front or street-side yard setback: four feet, except the following additional height is allowed for properties not located within the Commercial Core Area, as illustrated by Figure 153.157(a).
1. A fence or wall may be constructed to a maximum height of six feet where the fence is setback behind the front/street side property line behind a five-foot landscape buffer.
2. A fence or wall may be constructed to a maximum height of eight feet where the fence is setback behind the front/street side property line behind a ten-foot landscape buffer.
3. Where approved by the Planning Commission, a fence constructed of open chain link or other “see-through” composition that allows 90% light transmission may reach a height of up to eight feet.
(b) Within an interior side or rear yard setback: eight feet, provided, however, the fence or wall height, as applicable, shall not exceed the distance from the fence/wall line to the nearest primary structure on an adjacent property.
(3) All zones. Fences and walls shall comply with the vision clearance standards of § 153.141(K). The allowable height of a fence or wall may be restricted to less than the dimensions under division (A)(2) above to maintain required sight distance at a street intersection or driveway approach.
(B) Materials.
(1) Permitted fence and wall materials include weather-treated wood; untreated cedar and redwood; metal (e.g., chain link, wrought iron and similar fences); bricks, stone, masonry block, formed-in-place concrete or similar masonry; vinyl and composite (e.g., recycled) materials designed for use as fencing; and similar materials as determined by the Planning Commission. In addition, evergreen hedges may be considered screening walls for the purpose of this subchapter, subject to Planning Commission approval.
(2) Prohibited fence and wall materials include: straw bales, tarps, barbed or razor wire (except in Heavy Industrial Zone); scrap lumber, untreated wood (except cedar or redwood), corrugated metal, sheet metal and scrap materials; dead, diseased or dying plants; and materials similar to those listed herein.
(C) Permitting. Projects subject to site plan review are required to include information on proposed fences and walls, if any, and a building permit may be required for certain fences and walls, per applicable building codes.
(D) Maintenance. For public health and safety, walls and fences shall be maintained in good condition or otherwise removed or replaced by the property owner.
(Ord. 1267, passed 1-3-2012) Penalty, see § 153.999