1467.04  GENERAL REQUIREMENTS.
   (a)   Scope.  This section shall include general fence requirements for all zoning districts.
   (b)   Access Corridor.  No fence shall be erected or allowed to grow in a natural state so as to create an inaccessible and/or unmaintainable area or corridor with any other principal, accessory, or fence structure. Such area or corridor shall be a minimum distance of thirty-six inches.
   (c)   Appearance. All visible supports must face the property that is making such installation.
   (d)   Conflicts. If the provisions of this chapter are in conflict with any other provision of the Zoning Ordinance, the provisions of this chapter shall supersede the other sections of the Zoning Ordinance.
   (e)   Fence posts.  Fence posts may exceed the fence height by four inches.
   (f)   Footing depths.
      (1)   All fence types over forty-two inches in height shall have posts secured a minimum of thirty-six inches below the finished grade to the frost depth of the local area or modifications of required depth as approved by the Building Commissioner.
      (2)   All fence types forty-two inches in height or less shall have posts secured a minimum of twenty-four inches below the finished grade or modifications of required depth as approved by the Building Commissioner.  Posts shall be set on a minimum six-inch concrete footing and surrounded by an additional six inches of concrete.
      (3)   The footing depth requirements outlined herein shall not supersede the manufacturer's installation instructions if they require a greater footing depth.
   (g)   Front Yards at Corner lots. Landscape features, fences and walls within a triangle formed between points on the front and side lot lines within thirty-five feet of their intersection shall be maintained to a height not exceeding two and one-half feet above curb level.
   (h)   Living Fences.  Living fences shall not exceed three feet in height within fifteen feet of the front property line and/or any public sidewalk. Beyond fifteen feet, they may grow to their natural height.
   (i)   Maintenance.
      (1)   Living fences shall be trimmed and maintained at all times so as not to create a nuisance, as determined by the Building Commissioner, or interfere with pedestrian and vehicular traffic on both public and private property.
      (2)   All fences shall be maintained;
         A.   So as not to interfere with pedestrian and vehicular traffic on both public and private property.
         B.   In accordance with the City's exterior property maintenance code as set forth in Chapter 1464.
         C.   All fences shall be maintained in good repair, structurally sound, and sanitary so as not to pose a threat to public health, safety, and welfare.
         D.   All fences shall periodically be treated with paint stains or chemicals so as to retard deterioration.
   (j)   Riparian Setbacks.  Fences in riparian setbacks shall not be permitted without prior approval of the City Engineer.
   (k)   Snow Fences.  Temporary snow fences may be erected and used only in the months of customary snowfall (November 1st through March 31st), after which they shall be removed. No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or driving snow to accumulate on the property of another, in excess of that which would otherwise accumulate in the absence of such a fence.
   (l)   Swimming Pool Fence.  Swimming pool fences shall comply with the regulations as set forth in Section 1482.06.
   (m)   Temporary Fences.  All temporary fences shall require a zoning certificate (permit) and approval by the Building Commissioner. The fence shall be removed promptly upon the expiration of the zoning certificate (permit).  Whoever violates this requirement shall be assessed any costs incurred by the Municipality in disposing of the temporary fence and restoration of the site in addition to any violations as described in 1467.99.
   (n)   Easements and Access to Utilities.
      (1)   Fences in easements and those that obstruct utilities shall not be permitted without prior approval of the Building Commissioner and City Engineer.
      (2)   Fences placed on utility easements shall provide access to manholes, utility boxes, clean outs or other appurtenances that may be used from time to time for maintenance of the utility.
      (3)   When a fence obstructs access to utilities, utility easements, manholes, utility boxes, clean outs or other appurtenances, the owner shall be required to remove such fence at his or her expense without remuneration.
      (4)   The fence shall be removed promptly upon written notice. Whoever violates this requirement shall be assessed any costs incurred by the municipality in disposing of the fence and restoration of the site in addition to any violations as described in Section 1467.99.
(Ord. 15-11.  Passed 1-20-15.)