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CHAPTER 8
FENCES
SECTION:
4-8-1: Permit To Construct Required
4-8-2: Definitions
4-8-3: Fence Construction Types
4-8-4: Fence Regulations
4-8-5: Zoning Board Of Appeals
4-8-1: PERMIT TO CONSTRUCT REQUIRED:
A fence permit shall be required for the construction of a new fence and for any substantial changes of any existing fence. Application for a fence permit shall include the type of fence, the height, width and length, and a sketch showing the location of the fence on the lot. The fee for said permit shall be one hundred dollars, payable in advance and a permit, when issued, shall be visibly displayed on the premises of the lot during the period of time of the construction or change of the fence and in no event for less than ten days.
Every person found guilty of violating this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars for each offense. (Ord. 3479, 4-8-2013; amd. Ord. 3873, 9-12-2022)
4-8-2: DEFINITIONS:
FABRICATED METAL FENCE: A fence assembled from discrete metal pieces including bars, channels, rods, pipes, tubes, cast or fabricated scrollwork and ornaments. No part of the fabricated metal fence shall include wire fabric or mesh, whether it is of woven or welded construction. The fabricated metal fence may be constructed of iron, steel or aluminum. The fabricated metal fence shall be finished or painted to prevent corrosion, and that finish shall be maintained throughout the duration of the fence installation. Fabricated metal fences shall meet the structural requirements of the building code adopted in Chapter 1 of this Title 4.
ORNAMENTAL PILLARS: Shall include any construction of stone, masonry, or precast concrete, either freestanding or used to support fence panels. Constructions supporting a horizontal structure shall not be considered to be an ornamental pillar. When included in a fence, wherein the area of the fence open to view is regulated, the area of the pier shall not be counted against the area open to view if the cumulative length of the piers is equal to or less than ten percent of the length of the run of the fence in any run. Ornamental pillars, and any decorative extensions except lighting fixtures, shall comply with the maximum height for the type of fence it is part of. Ornamental pillars and their foundations shall meet the structural requirements of the building code adopted in Chapter 1 of this Title 4, and shall be reinforced and anchored to prevent overturning.
YARD: The open space between a building and any lot line, further defined as follows:
   Yard, Front: The yard facing the public street, including the area between the side lot lines and from the front line of the lot and the front line of the building. On through lots, front yards face both streets. On corner lots, the front yard faces on the lot's primary street; such street being the street which has the greatest distance between the two cross streets forming the block frontage.
   Yard, Rear: A yard extending across the rear of a lot measured between the side lines of the building and between the rear lot line and the rear of the building. On both interior lots and corner lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
   Yard, Secondary Front: On a corner lot, the secondary front yard faces the lot's secondary street. The secondary front yard includes the area from the lot line abutting the secondary street to the face of the building and from the front line of the building (boundary of the front yard) to the rear lot line.
   Yard, Side: A yard between the building and the side lot line and extending from the front line of the building (boundary of the front yard) to the rear lot line. (Ord. 3479, 4-8-2013; amd. Ord. 3873, 9-12-2022)
4-8-3: FENCE CONSTRUCTION TYPES:
The following provisions shall control the classification of fences as to the type of construction, area open for view, and height:
   A.   Type 1 Fence: A type 1 fence shall be of construction meeting the definition of a "fabricated metal fence", as defined in section 4-8-2 of this Chapter, being not less than fifty percent open to view, and not exceeding a height of four feet above the established grade.
   B.   Type 2 Fence: A type 2 fence shall be of construction meeting the definition of a "fabricated metal fence", as defined in section 4-8-2 of this Chapter, being not less than eighty percent open to view, and not exceeding a height of six feet above the established grade.
   C.   Type 3 Fence: A type 3 fence shall be of any approved type of fence construction, except that chainlink fencing is not permitted to be installed on any front yard or secondary front yard in any zoning district. The maximum height of a type 3 fence shall be seven feet above the established grade; provided, however, that the portion of a fence which is higher than six feet above the established grade shall have an area open for view of at least fifty percent. That portion of the fence below six feet above the established grade shall not be regulated in regard to the area open to view.
   D.   Type 4 Fence: A type 4 fence shall be of any approved type of fence construction, shall not exceed a height of eight feet above the established grade, and is not regulated in regard to the area open to view. (Ord. 3479, 4-8-2013; amd. Ord. 3873, 9-12-2022)
4-8-4: FENCE REGULATIONS:
This section refers to zoning districts as defined in title 10 of this Code. Yards shall be as defined in section 4-8-2 of this chapter. Additional requirements for height and enclosure may be required by the building code adopted in chapter 1 of this title 4, where a fence is used to provide specific functions required by the building code. Exhibits are hereby incorporated to depict the following:
   A.   Zoning Districts C1, C2, C3 Or ORIC:
      1.   A type 1 fence, as provided in section 4-8-3 of this chapter, shall be permitted to be constructed in any front yard or secondary front yard. (See Exhibit B of this section.)
      2.   A type 3 fence, as provided in section 4-8-3 of this chapter, shall be permitted to be constructed in any side yard or rear yard. (See Exhibit B of this section.)
 
   B.   Zoning Districts C1, C2, C3, ORIC Or PRI: For a lot located in a C1, C2, C3, PRI or ORIC district and adjacent to a lot located in an R1, R2, R3 or R4 district, a type 4 fence as provided in section 4-8-3 of this chapter, shall be permitted to be constructed in any side yard or rear yard along any property line that abuts the residential use, at the option of the lot owner of the property in the R1, R2, R3 and R4 districts. (See Exhibit G of this section.)
   C.   Zoning Districts R1, R2, R3, R4 Or PRI:
      1.   A type 2 fence, as provided in section 4-8-3 of this chapter, shall be permitted to be constructed in any front yard or secondary front yard. (See Exhibit C of this section.)
      2.   A type 3 fence, as provided in section 4-8-3 of this chapter, shall be permitted to be constructed in any side yard or rear yard. (See Exhibit C of this section.)
 
      3.   On a corner lot which is located in an R1, R2, R3, R4 or PRI district and which rears upon another corner lot, a type 3 fence, as provided in section 4-8-3 of this chapter, is permitted to be constructed on the secondary front yard between the rear lot line and rear building line of the residence. (See Exhibit D of this section.)
 
      4.   On a corner lot which is located in an R1, R2, R3, R4 or PRI district and which rears upon an interior lot, a type 3 fence, as provided in section 4-8-3 of this chapter, is permitted to be constructed on the secondary front yard between the rear lot line and rear building line of the residence, provided that the setback of such fence be equal or greater to the lesser of the front yard setbacks of the buildings located on said corner lot or adjacent interior lot. (See Exhibit E of this section.)
 
      5.   On a corner lot which is located in an R1, R2, R3, R4 or PRI district and which rears upon an alley, a type 3 fence, as provided in section 4-8-3 of this chapter, is permitted to be constructed on the secondary front yard between the rear lot line and rear building line of the residence; except that no fence, ornamental pillar, or other permanent obstruction shall be placed on the street side of a line, drawn from the two points on the lot lines measured ten feet from the intersection of the lot line abutting the street and the lot line abutting the alley. (See Exhibit F of this section.)
 
      6.   For a lot located in an R1, R2, R3 or R4 district and adjacent to a lot located in a C1, C2, C3, PRI or ORIC district, a type 4 fence as provided in section 4-8-3 of this chapter, shall be permitted to be constructed in any side yard or rear yard along any property line that abuts the nonresidential use, at the option of the lot owner of the property in the R1, R2, R3 and R4 districts. (See Exhibit G of this section.)
 
(Ord. 3479, 4-8-2013; amd. Ord. 3873, 9-12-2022)
4-8-5: ZONING BOARD OF APPEALS:
The Zoning Board of Appeals shall have the jurisdiction to hold public hearings and offer recommendations to the Board of Trustees concerning variations of this chapter pursuant to its powers granted by section 10-5-4 of this Code. (Ord. 3479, 4-8-2013; amd. Ord. 3873, 9-12-2022)