§ 156.441 FENCES.
   (A)   Fences used for agricultural purposes, recreation use or the public safety shall not be regulated by this chapter.
   (B)   Fences used for residential purposes shall be allowed without the issuance of any permit, subject to the following provisions.
      (1)   Fences shall be allowed in side and rear yards up to a height of six feet and not less than four feet.
      (2)   No setback shall be required for fences in side and rear yards.
      (3)   Fences shall be allowed to extend along side property lines; provided that, from the building setback line to the front lot line (road right-of-way line) they shall be of an open or wire mesh type and shall not exceed three and one-half feet in height.
      (4)   Fences shall not be permitted to block passage along existing sidewalks.
      (5)   Front yard fences within (or to the rear of) the building setback line shall not exceed six feet in height.
      (6)   Fencing intended for decorative purposes only, and which does not include any area to be completely enclosed, may be allowed on any part of a parcel, provided that it does not exceed three and one-half feet in height.
      (7)   The finished side of the fence shall face outward.
      (8)   The owner of the property upon which the fence is located upon, shall maintain the fence.
   (C)   Fences in business (LB, RB, GB, IB) or industrial (I-1, I-2) districts, where used for commercial or industrial uses, shall be allowed subject to the following provisions.
      (1)   Fences intended for security purposes shall not exceed a maximum height of eight feet, plus a maximum of three strands of barbed wire, and shall be allowed within any side or rear yards; however, they shall not be allowed in any green strip or buffer area.
      (2)   Fences within the front yard (to the front of the building setback line) shall not exceed three and one-half feet in height.
      (3)   Fencing intended for decorative purposes only may be allowed anywhere on a parcel; provided, it does not exceed three and one-half feet in height.
      (4)   Fences in industrial and business districts shall be slatted for opacity.
   (D)   (1)   Every outdoor swimming pool, which is more than 18 inches in depth, shall be surrounded by a fence not less than five feet in height. Such fence shall be either of chain link type and style or of a type of style offering equivalent protection. All gates or doors opening through such enclosure shall be designed to permit locking and shall be kept locked when the pool is not in actual use, or left unattended. (See § 156.502(D)(3)(b) and (D)(3)(c) of this chapter.)
      (2)   Swimming pools in a town, subdivision (including subdivisions in an agriculture districts and lots ten acres or less in lot area must be walled or fenced to a minimum height of five feet, but not more than six feet. Swimming pools located on tracts of land or more than ten acres may have a mechanical cover (applicable to the current Building Code), or the same as above.
   (E)   Every fence shall be maintained in good structural aesthetic condition at all times. Any unsafe or unsightly fence shall be renovated or removed within 30 days upon written notice from the Executive Director. If the owner fails to renovate or remove the fence within the required time period, the county or respective town may remove such fence at the owner’s expense.
   (F)   Ponds which are less than three acres in area, whether dammed or otherwise artificially formed shall be placed on the building setback line and not closer than 20 feet from any side or rear lot line (including any part of the water line or base of the dam). A pond is an accessory use. A detention pond designed by an engineer, surveyor or architect and located in a subdivision for storage of water (or any depression in the ground) that holds water more than 48 hours shall be fenced and is an accessory use.
(Ord. passed - -2006, § 80.26(G)) Penalty, see § 156.999