(a) Definitions and Application. The words "fence" and "wall" mean any structure composed of wood, metal, stone, brick or other material erected in such a manner and position as to enclose, partially enclose or divide any premises or any part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers or other vegetation when erected in such a position as to enclose, partially enclose or divide any premises or any part of any premises shall also be considered a fence.
(b) Prohibited.
(1) Barbed wire or similar sharp point fences.
(2) Electrically charged fences in all districts except RU Zoning Districts on sites of more than ten (10) acres used to confine livestock.
(3) Chicken or livestock wire fences in all districts except RU Zoning Districts used to confine livestock.
(c) Regulations.
(1) All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.
(2) All fences and walls must present the finished non-structural face outward.
(3) No fence or wall shall be constructed in any platted no-build zone, conservation/no disturb zone, floodway, floodplain or drainage easement for any parcel or subdivision which would be detrimental to the public health, safety and welfare. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening.
(4) No fence or wall may be placed within the sight visibility triangle defined in Section 1183.03(c).
(5) No fence or wall shall be permitted to encroach upon public rights-of-way.
(6) All fences on a parcel shall have a unified style.
(7) Guard rails shall not be used as fencing.
(d) Location.
(1) Residential Zoning Districts, RS1, RS2, RS2A, RS3, and MRF.
(i) Maximum six (6') foot fence height in side and rear yards.
(ii) Maximum three (3') foot fence height in front yards (any fence located past the front main building line toward the street).
(iii) Fences located in the front yard shall have a minimum opacity of fifty percent (50%).
(iv) Properties located on corner lots have two (2) front yards. Each yard facing a public street is considered a front yard and shall follow Section 1183.12(d)(1)(ii).
(v) Residential fences may be placed up to the front line, side or rear property line, but shall not be placed closer to the right of way line.
(2) Commercial Zoning Districts, B1, B2, B3, 11, 12, and OLR.
(i) Maximum eight (8') foot fence height in side and rear yards, but shall not be placed closer to the street than the front of the main building.
(ii) Properties located on corner lots have two (2) front yards. Each yard facing a public street is considered a front yard and shall follow Section 1183.12(d)(2)(i).
(e) Zoning Permit Required. No fence shall be constructed, altered or reconstructed without a Zoning Permit.
(1) It is the responsibility of the property owner to inquire with any Home Owners Association (HOA) that may exist for development fence regulations.
(f) Inspections. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans approved by the Municipality, and such fence does not encroach upon another lot or parcel of land nor is it in violation of any deed restrictions. The Municipality shall conduct an inspection as is deemed necessary to determine that the fence is constructed in accordance with plans approved in the permit. The issuance of the permit by the Municipality shall not be construed to mean that the Municipality has determined that the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon them therein.
(g) Temporary Fences. Temporary fences may be used for the following:
(1) Temporary construction fences when such fence is indicated on an approved site plan.
(2) Temporary fences used for Special Events and indicated on fill approved site plan for event.
(3) Temporary snow fence installed by any Government agency.
(4) Temporary fences installed for the protection of the public from any obvious danger.
(Ord. 12-2024. Passed 6-24-24.)