§ 156.039 FENCES.
   (A)   Residential District.
      (1)   The height of any fence shall not exceed six feet from existing grade.
      (2)   In front yards, fences shall be at least 50% open. The closed area of the fence shall be distributed evenly over the entire fence surface, and no portion of a closed area of the fence shall exceed a width of six inches when viewed at a 90 degree angle. No fence in a front yard shall exceed four feet in height from existing grade.
      (3)   In side yards, fences may be open or solid type and shall not exceed six feet in height from existing grade; provided that a solid fence or wall six feet in height from existing grade shall be required in a side yard between residential and nonresidential uses, and shall be erected on the nonresidential property with the finished side facing the residential use.
      (4)   In rear yards, fences may be open or solid type and shall not exceed six feet in height; provided that a solid fence or wall six feet in height from existing grade shall be required in a rear yard between residential and nonresidential uses, and shall be erected on the nonresidential property with the finished side facing the residential use.
      (5)   On corner lots, no fence or any other obstruction, except existing vegetation as provided in § 156.045(A)(3), shall exceed 18 inches above street grade in any portion of the yard situated within 25 feet of the lot corner formed by the intersection of any two street lines.
      (6)   The finished side of any fence shall face the exterior of the lot.
      (7)   No fence may be erected, constructed, or maintained on any portion of any zoning lot in such a manner as to impede the natural stormwater runoff, as determined by the City Engineer.
      (8)   Fences constructed in whole or in part of electrically charged wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed materials shall be prohibited, except that a blunt decorative point at the top of a fence shall be permitted. Fences constructed in whole or in part of chain links shall be prohibited in front of the building line of any building or structure.
      (9)   All fences shall be maintained on a regular basis and in a structurally sound condition by the property owner.
      (10)   Notwithstanding the height restrictions set forth in this division (A), no fence on lots owned or operated by local government units shall exceed eight feet in height from existing grade. Such fences may be open or solid type fences.
      (11)   On properties occupied by nonresidential uses, the requirements for fences in division (B) of this section shall apply.
   (B)   Business Districts.
      (1)   No fence shall be permitted in the front yard.
      (2)   In side yards, fences may be open or solid type and shall not exceed eight feet in height from existing grade.
      (3)   In rear yards fences may be open or solid type and shall not exceed eight feet in height from existing grade.
      (4)   A solid fence or wall six feet in height from existing grade shall be required in side or rear yards between residential and business uses or between residential and nonresidential uses in a Residential District, and shall be erected on the business or nonresidential property with the finished side facing the residential use. After August 2020, a solid fence or wall eight feet in height shall be required for all newly constructed buildings, for all buildings constructing an addition, and for all existing buildings when more than fifty percent (50%) of the area of the building footprint is remodeled or the estimated cost of the remodeling exceeds fifty percent (50%) of the assessed value of the property in which it is located. Such a fence shall be supported with posts which shall be constructed of a steel material conforming to the requirements of ASTMA 653, coating designation G90 galvanized (zinc) coating. In order to create an effective buffer between incompatible land uses, such fences shall be screened from the residential use by evergreen trees planted on the business or nonresidential property, with a minimum starting planting height of six feet, and such fences shall be located no closer than six feet from the property line which separates the two districts or types of uses. A twelve-foot landscape buffer zone shall be required as provided in § 156.049 of this chapter; provided, however, that no credit toward the required landscape points shall be given for the fence required in this division.
      (5)   On corner lots, no fence or any other obstruction shall exceed 18 inches above street grade in any portion of the yard situated within 25 feet of the lot corner formed by the intersection of any two street lines.
      (6)   A fence that is six feet in height from existing grade shall be required, in any yard abutting a minor street between business and residential districts, where there is off street parking, and no variation shall be necessary for such a fence within the required yard. After August 2020, a solid fence or wall eight feet in height shall be required for all newly constructed buildings, for all buildings constructing an addition, and for all existing buildings when more than fifty percent (50%) of the area of the building footprint is remodeled or the estimated cost of the remodeling exceeds fifty percent (50%) of the assessed value of the property in which it is located. The owner(s) shall maintain the property between the fence and the street pavement or the concrete curb or ribbon. Required fences adjacent to a public street shall have the finished side facing the street.
      (7)   No fence may be erected, constructed or maintained on any portion of any zoning lot in such a manner as to impede the natural stormwater runoff, as determined by the City Engineer.
      (8)   Fences constructed in whole or in part of electrically charged wires, barbed wire, spikes, glass, protruding nails, or sharp or pointed materials shall be prohibited, except that a blunt decorative point at the top of a fence shall be permitted. Fences constructed in whole or in part of chain links shall be prohibited in front of the building line of any building or structure.
      (9)   All fences, including all living green fences, shall be maintained on a regular basis and in a structurally sound condition by the property owner.
   (C)   Except as specifically provided herein, living green fences are not regulated in this section and are governed by the landscaping requirements in § 156.049.
(Ord. 07-13, passed 10-9-07; Am. Ord. 20-29, passed 8-11-20) Penalty, see § 156.999