1309.02 PERMITTED FENCES.
   Fences shall be permitted in required yards as follows unless an unpierced masonry wall is required pursuant to Chapter 1147 of the Planning and Zoning Code and such fences would be in conflict thereof. In such event, the Planning and Zoning Code shall control. For all types of fences, a minimum setback of five (5) feet from any public alley shall be required.
   (a)    Open ornamental fences shall be permitted at public facilities and residential zoning districts.
      (1)    Front yards. Open ornamental fences may be erected in front yards parallel to the building line to a height not exceeding forty two (42) inches above the natural grade, provided however, that rail or split rail fences may be erected in front yards parallel to and on or approximately on the common property line, but not nearer than one (1) foot to the street right of way.
      (2)    Side and rear yards. Open ornamental fences may be erected in side and rear yards parallel to and on, or approximately on, the common property line to a height of not more than five (5) feet above the natural grade.
   (b)    Chain link fences shall be permitted in all zoning districts only in rear and side yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding five (5) feet above the natural grade. In the “M-1” and “M-2” Zoning Districts, the height shall not exceed six (6) feet above the natural grade.
   (c)    Privacy fences shall be permitted in all zoning districts only in rear and side yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding six (6) feet in height above the natural grade.
   (d)    Shrubbery or hedges shall be permitted in public facilities and residential zoning districts.
      (1)   Front yards. Shrubbery, hedges, or landscaping may be permitted in front yards parallel to the building line to a height not exceeding three (3) feet, but not nearer than one (1) foot to the street right of way. All shrubbery, hedges, or landscaping so placed shall be kept trimmed and maintained so as not to interfere with the line of sight for any vehicular traffic and so as not to hinder, obstruct, or interfere with the full use of any sidewalk or other public right of way.
      (2)   Side and rear yards. Shrubbery, hedges, or landscaping may be permitted in side and rear yards parallel to and on, or approximately on, the common property line to a height of not more than five (5) feet, except that when a side yard or a rear yard is adjacent to any alley or other public right-of-way, the shrubbery, hedges, or landscaping shall be set back five (5) feet from the property line, and the shrubbery, hedges, or landscaping shall be kept trimmed and maintained so as not to interfere with the line of sight of vehicular traffic or encroach into the right-of- way of the alley or other public right-of-way.
   (e)    A fence shall not be located within three (3) feet of a utility box, manhole or other apparatus that may be used for maintenance of a utility. Fences placed on utility easements shall provide access to any manhole, utility box, clean out or other apparatus that may be used from time to time for maintenance of the utility. When a fence obstructs access to a utility box, manhole or other public apparatus for maintaining utilities, or obstructs the proper flow of water in a drainage easement, the owner shall be required to remove and replace such fence at his/her expense without remuneration from the City. This section shall not prohibit the City from removing any fence located in a utility or drainage easement that obstructs a utility box, manhole or other apparatus or obstructs the proper flow of water.
      (Ord. 13-22. Passed 6-14-22.)