(a) (1) No fence, hedge, trellis, retaining wall, or other device used to mark or establish boundary lines around property, or within the property line, exceeding six feet in height, shall be erected, altered reconstructed or relocated on any lawn adjacent to any boundary line of any lot or parcel of land, or any part thereof, in the City. Permitted fences in all residence districts shall include the following types: picket, ranch (including split-rail and western-rail), basketweave, stockade, board- on-board and chain link, which may include metal, plastic, vinyl or fiberglass inserts, and electrified fences to be in compliance with Section 1529.231. Masonry walls of brick, random stone or ashlar, coursed stone or ashlar, or decorative block, are permitted, subject to the approval of the City Planning Commission. Prohibited fences include wire mesh fences which have openings between the wires of larger than three inches, individual strand-type wire fences, and electrified fences, unless in compliance with Section 1529.231.
(2) Fences shall be permitted only in rear yards, as defined in Section 1505.25(b). In no case shall fences extend any further towards the street than five feet past the side door or the steps to the side door of the residential structure. If no side door exists, then the fence shall be no further towards the street than the rear of the residential structure.
(3) No fence shall be permitted to be installed directly along another fence on the same property line of an abutting property owner.
(b) Before any hedge, trellis, retaining wall or other device used to mark or establish boundary lines, or within the property line, is erected, the owner of the land shall first secure a permit for the same from the Building Commissioner. The fee therefor is set forth in Chapter 185 (the General Fee Schedule). No permit for any such device, other than those which replace existing permitted devices, shall be issued until one of the following occurs:
(1) Submission to the Building Commissioner of proof that notice has been given to all affected property owners, by proof of signed waiver of the permit application; or
(2) Submission to the Building Commissioner of verification by a registered professional surveyor establishing the applicant's property lines. The date of the stamped boundary survey shall be within the last ten years.
(c) The height of any fence shall be the distance vertically from the surface of the ground to the top of the fence.
(d) Erection of a fence on a corner lot shall not start any closer to the street than the setback of the house and not less than one foot off the sidewalk on the side of existing property.
(e) No fence shall be erected from the sidewalk line of any property to the front projection of the building thereof, otherwise defined as the building setback line. Nothing contained in this section shall apply to shrubbery for decorative purposes, which in no event shall be permitted to grow above three feet in height when more than 15 feet from the intersection of a driveway with the public sidewalk, or 18 inches in height when less than 15 feet from the intersection of a driveway with the public sidewalk Any trees within a side yard shall have the branches trimmed so as to provide a minimum distance of five feet from the ground to the lowest branches when such branches are located within 15 feet of the intersection of a driveway with the public sidewalk.
(f) The supporting posts of fences, hedges, trellises, retaining walls or other devices used to mark or establish boundary lines around property, or within the property line, where posts are necessary, shall be erected on the side of the property being fenced. In other words, posts shall be erected on the inside of the fence, hedge, trellis, etc., and not on the outside thereof.
(g) This section shall apply to public facility, retail office, commercial and industrial lots, except for division (c) of this section. For such lots, fences in excess of six feet in height may be approved by the Planning Commission in order to more adequately screen such lots from the view of adjacent residential property.
(h) No person shall install, erect, place, maintain or permit, or cause the installation, erection, placement or maintenance of, any stake, stick, pole, stone, rock or other dangerous or hazardous object to mark, designate or establish any property line. Any object or device which, once installed, erected, placed or maintained to mark, designate or establish a property line, will be a danger to life or limb of those persons reasonably using the area in the vicinity of such object or device, is prohibited.
(i) Snow fences are permitted to be installed not earlier than November 1 and must be removed on or before April 1 of the following year. The maximum permitted height shall be four feet, and snow fences shall not be placed closer than four feet to any front, side or rear property line.
(Ord. 238-08. Passed 10-6-08; Ord. 48-17. Passed 5-1-17; Ord. 171-21. Passed 11-8-21.)