1173.016 FENCES AND WALLS .

      A.   Fences and walls shall be allowed in any zoning district only in accordance with this Section. No person shall erect, install or maintain a wall in violation of the provisions of this Section.

      B.   The following types of fences are permitted:

         1.   Solid Fences: board on board or alternating board on board fences, solid picket fences, stockade or palisade fences, brick or stone wall fences, or living plant fences.

         2.   Open Fences: chain link fences, bollard and chain fences, open picket fences, smooth rail fences, split rail fences, contemporary rail fences or wrought iron fences.

         3.   Barbed Wire Fences: fences comprised of or incorporating barbed wire, razor wire or concertina wire.

      C.   The various types of fences are permitted only in the following zoning districts:

         1.   Solid fences and walls are permitted in all zoning districts.

         2.   Open fences are permitted in all zoning districts.

         3.   Barbed wire fences are permitted in the M-1 and M-2 zoning districts.

      D.   The following general requirements apply to fences and walls:

         1.   The height of a fence or wall shall be measured from the established grade line to the highest point of the fence or wall including posts and finials.

         2.   The height of a fence or wall may not be artificially increased by the use of mounding.

         3.   Front yard fences and walls between the street right-of-way line and the building setback line shall not exceed thirty inches (30") in height.

         4.   Side yard and rear yard fences and walls shall not exceed seventy-two inches (72") in height.

         5.   Supporting members for fences and walls shall be installed so as not to be visible from any other property which adjoins or faces the fence or wall being installed, except where the supporting members are identical in appearance on both sides of the fence or wall.

         6.   A fence or wall shall not be installed or constructed so as to adversely affect the vision of motor vehicle operators on public streets or emerging from alleys, streets or driveways intersecting public streets. No fence or wall shall be installed or constructed in the area between the paved street and the sidewalk.

         7.   Barbed wire fences shall be comprised of barbed wire, razor wire or concertina wire strung not more than twelve inches (12") above a permitted fence.

      E.   Fences and walls may be installed or constructed up to the property line. It is the responsibility of the property owner installing or constructing the fence or wall to determine the location of the property line and to insure that the fence or wall so installed or constructed does not encroach upon the adjoining property, lot or right- of-way.

      F.   No persons shall install or construct a fence or wall without first obtaining a permit therefor from the City Zoning Office.

      G.   Maintenance: Fences shall be kept in proper repair and maintained so as not to create conditions which endanger the health, comfort or safety of the public.

      H.   Any person denied a permit under this section or otherwise aggrieved by an action of the Zoning Officer may file an appeal in accordance with Chapter 1137 of the Codified Ordinances.

      I.   Any person who violates this section shall be guilty of a minor misdemeanor and shall further be subject to the enforcement provisions of the Zoning Ordinance. (Ord. 2016-025. Passed 5-3-16.)