“Fence” or “wall” means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning, or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence. A “decorative fence” means a fence that is not suited for the containment of animals or property, in which the opacity of the fence is less than twenty-five percent (25%).
No fence or wall, as defined above, may be erected within the City of New Lexington unless the property owner or his agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land. The granting of a permit to construct a fence in no way shall be considered as the City’s authorization that the property lines as shown on the application are correct.
(a) Height and Location. The permitted height of a fence or wall shall be determined by its location on the property as follows:
(1) A decorative fence or wall not exceeding 48 inches in height may be erected within the front yard provided that the fence or hedge is located not less than three (3) feet from the street right-of-way line, and further provided that the provisions of subsection (a)(3) hereof are met.
(2) A fence or wall not exceeding seventy-two inches (72") in height may be erected in any area of the lot behind the building setback line.
(3) No fence, hedge, or wall shall be erected on any lot in such a manner so as to obscure the vision of motorists approaching a street intersection, within a twenty-five (25) feet clear sight distance along either street approaching said intersection.
(b) Prohibited Fences. No person shall erect or maintain any fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall having wire or metal prongs or spikes, or other cutting points or edges.
(Ord. 07-8. Passed 3-19-07.)