(A) Definition. For the purposes of this section, PRIVACY FENCE shall mean a fence that blocks or obstructs view.
(B) Requirements in residential districts. No fences may be erected within the city and within a residential district which do not comply with the following specifications:
(1) Any fence erected in a required front yard shall be at least 50% open, and no fence erected in a required front yard may exceed four feet in height measured from ground level. A clearance of three inches shall be allowed for installation purposes and shall not count in determining the height of a fence. No privacy fence may be erected in the front of a residence on the same zoning lot. For through lots, that yard which is used as a rear yard, and which would normally be considered a rear yard for lots other than through lots, shall be considered a rear yard for purposes of erecting a fence.
(2) Any privacy fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.
(3) No fence may be erected which exceeds eight feet in height above ground level.
(4) No fence may be constructed with barbed wire. All chain link fences shall be installed with a knuckle portion of the fence at or near the ground. No fence may be electrified. No metal fence shall have an opening hole greater than ten square inches.
(C) Requirements in commercial and industrial districts. No fence may be erected within the city and within a commercial or industrial district which does not comply with the following specifications:
(1) Any fence erected in a required front yard shall be at least 50% open.
(2) Any privacy fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.
(3) No fence may exceed a height of eight feet above ground level. A clearance of three inches shall be allowed for installation purposes and shall not count in determining the height of the fence.
(4) No fence may be constructed with woven wire, barbed wire, metal spikes, or any other sharp pointed materials unless the sharp pointed materials are erected at least six feet above ground level, but not higher than eight feet above ground level. All chain link fences shall be installed with the barbed portion of a fence at or near the ground unless it is installed at least six feet above ground level. No fence may be electrified.
(D) Permits.
(1) No fence which exceeds four feet in height may be erected within any residential, commercial, or industrial district unless a fence permit is obtained from the office of the zoning administrator at a cost of $7.50. The individual or agency actually constructing the fence shall be responsible for obtaining the permit. No work shall start until the permit has been obtained. Any individual or agency starting work prior to applying for, and receiving said permit shall be subject to a $25.00 fine. This fine may be in addition to, and not in lieu of, any additional fines or penalties that are provided for in this chapter.
(2) A fence permit will become null and void after one year from the date of issuance if the fence authorized by said permit has not been completed.
(E) Variances. Application for a variance of any of the above provisions shall be made in the same manner as provided in § 156.165 for applications for variances. The notice requirements of § 156.166 shall be applicable to hearings on applications under this section. The filing fee for an application or a petition to vary any of the above provisions shall be the same as the fee for a building permit.
(F) Recreational purpose fences. Fences erected for purposes of providing fencing around sports or recreations facilities or areas, as listed below, shall not be subject to the height restrictions specified elsewhere in this section, provided that such facility or area is not located within 20 feet of a zoning lot corner formed by the intersection of any two street lines; the fence is at least 75% open; and a fence permit is obtained. The maximum height of a fence is listed by each sports or recreational facility or area as follows:
Use | Maximum Height (Feet) |
Tennis court (public or private) | 12 |
Baseball diamond backstop (public or private) | 16 |
Swimming pools (public) | 8 |
Elementary, middle or high school (public or private) | 8 |
(Ord. 1262, passed 6-4-02)