(A) Fence material and construction. Fences in residentially zoned areas may be constructed of wire, wood, brick, invisible fences or equivalent type, or metal or combinations thereof, and shall be installed in concrete, and shall be anchored or buttressed as to resist a wind force of 100 m.p.h.
(B) Fence location and height.
(1) Except as noted in § 150.81 and herein, the location of privacy and non-privacy fences shall be located on the side yard and rear yard lot lines of a residential property, and are not to extend beyond the front building line of the dwelling unit. Fence heights shall be no greater than six feet, including lights and other fixtures or accessories.
(2) Where a residential property abuts a non-residential district or major roadway, the following location and height exceptions apply: (i) the height of a fence shall be no greater than eight feet, including lights and other fixtures or accessories; (ii) where the grade difference of the adjacent non-residential district or roadway is two or more feet then the height of a privacy or non-privacy fence shall be no greater than ten feet, including lights and other fixtures or accessories; (iii) a fence with noted height exceptions may extend beyond the front line of the building along the lot line abutting the non-residential district or major roadway, and such fence may terminate where the side lot line meets the right-of-way line of the perpendicular street.
(C) Variances. Except as noted in § 150.81 and as allowed by building commissioner discretion described herein, requests for a variance from the provisions and requirements of this chapter relating to fences shall be governed by the procedure applicable to variances approved pursuant to requirements of the city council.
(D) Front yard fences. Except as noted in § 150.81 and as allowed by building commissioner discretion described herein, fences of any type extending beyond the front building line of a dwelling unit and into a front yard shall not be constructed in any residential area.
(E) Sightlines for pedestrian, bicycle and vehicular safety. No fence shall be installed, on a lot line or otherwise, which may obstruct the view or may impair the safety of pedestrians, bicyclists or vehicles traveling along public rights-of-way. Exceptions contained in § 150.81 herein shall also adhere to this section concerning pedestrian, bicyclist and vehicle safety.
(F) Best-finished side of fence. Boundary-line fences must be installed to present the best finished side of the fence to the adjacent property owner or owners.
(G) Fences, lot lines and limited exceptions. All fences shall be located upon lot lines, except where (i) the fence returns to the dwelling unit; (ii) the fence encloses a garden or recreation use such as a pool; or (iii) in discretionary decisions allowed by the building commissioner as described herein.
(H) Temporary fences. The regulations contained in this section shall not apply to temporary protective fences erected for the purpose of enclosing and safeguarding construction areas. Temporary fence structures shall be removed upon completion of construction activity or within 12 months of completing building and site construction, whichever is less in computing the time, and no permit shall be necessary.
(I) Fences in public rights-of-way. The city is not responsible for any damage to electrical/invisible fences installed in the public right-of-way caused by city improvement or public works operations.
(J) Building commissioner discretion. The building commissioner is authorized to make discretionary decisions in regards to the location of fences in order to (i) preserve existing landscape improvements at the time of fence installation; (ii) ensure sufficient sightlines for pedestrian, bicycle, and vehicular safety along rights-of-way; or (iii) ensure driveway access to garages, carports and parking areas. Discretionary exceptions, where so provided, shall be limited to a distance to protect and preserve existing landscape improvements, safeguard pedestrian, bicycle, and vehicular safety, or prevent blocking a driveway from access to a garage, carport or parking area.
(Ord. O-45-71, passed 10-5-71; amend. Ord. O-21-78, passed 8-1-78; amend. Ord. O-21-81, passed 8-18-81; amend. Ord. 88-36, passed 5-17-88; amend. Ord. 89-56, passed 11-21-89; amend. Ord. O-33-06, passed 9-19- 06; amend. Ord. O-05-14, passed 3-4-14; amend. Ord. O-18-15, passed 5-5-15; Am. Ord. O-18-22, passed 10-18-22)