(A) Residential and restricted office districts. Fences shall be permitted in residential and restricted office districts, subject to the following conditions.
(1) Fences in front yard areas. Fences which are located in the front yard area between the front of the dwelling and the front property line shall not exceed a height of four feet and shall be of open construction.
(2) Fences in rear yard areas. Fences which are located in the rear yard shall not exceed a height of six feet and may be of open or closed construction.
(3) Fences on corner lots.
(a) Fences constructed or installed on corner lots or parcels having a side yard abutting upon a street may be erected to a height of six feet above ground level but shall not extend beyond the side yard building line in the side yard area adjacent to the street side of the building thereon.
(b) Fences located in the street side yard area on corner lots, between the dwelling and the street property line, shall not exceed a height of four feet and shall be of open construction except that a fence six feet in height and of open or closed construction may be erected in the street side yard area where a corner lot shares a common rear lot line with the rear adjacent property owner.
(4) Fences located in interior side yard areas. Fences constructed or erected in the interior yard area may be erected to a height of six feet above ground level and may be of open or closed construction except that when an abutting dwelling has a door or window (except basement window) located less than five feet from the fence, said fence shall be reduced to four feet in height if it is of closed construction.
(5) Exceptions. The height restrictions of this chapter shall not apply to schools, public or private, or to public recreation areas, or to public utility installations where higher fences are required for the safety and protection of the public.
(B) Industrial districts and business districts. Fences in industrial districts may not exceed eight feet in height and fences in business districts may not exceed six feet in height and may be of open or closed construction, except that fences in required front or street side yard areas shall be no more than four feet in height and shall be of open construction. Fences exceeding six feet in height in business districts may be approved by the Board of Appeals on Zoning as a special exception under § 153.584 when there are unique and exceptional circumstances. Residential uses in business and industrial zones shall comply with the fence requirements of division (A) above.
(C) Unobstructed site.
(1) Unobstructed site distance. No fence, structure, hedge, or planting shall be erected, established, or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two streets or the intersection of a street and an alley (see diagram, Appendix A, § 10). Fences or plantings located in the triangular areas described below shall not be permitted to obstruct cross-visibility between a height of 30 inches and eight feet above grade.
(2) Unobstructed sight area. The unobstructed triangular area is described as follows:
(a) The area formed at the corner, intersection of two streets bounded by the curb lines extended to the point of the intersection and by a base line intersecting each curb 60 feet from said point of intersection. Where no curb exists, the edge of the roadway shall be considered a curb within the meaning of this section; and
(b) The area formed at the corner, intersection of the public right-of-way and a driveway, the two sides of the triangular are being ten feet in length measured along the right-of-way line and the edge of the driveway, and the third side being a line connecting these two sides.
(D) Use of abutting properties. No fence shall be erected where it would prevent or unreasonably obstruct the use of adjacent property, nor shall a fence be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the Chief Inspector may require a fence to be set back a minimum distance from a driveway or property line.
(E) Barbed wire. The placement of barbed wire is regulated as follows.
(1) Industrial districts. For industrial properties, barbed wire must be at least six feet above grade. Barbed wire is not allowed on properties used for residential purposes in industrial districts.
(2) Business districts. For business properties where outdoor storage is allowed, barbed wire may be approved by the Board of Appeals on Zoning as a special exception under § 153.584 when there are unique and exceptional circumstances. If approved by the Board of Appeals on Zoning, the barbed wire must be at least six feet above grade. Barbed wire is not allowed on properties used for residential purposes in business districts.
(3) Public utility installations. Barbed wire may be placed on fences surrounding a public utility installation in any zoning district, provided the barbed wire is placed not less than six feet above grade.
(G) Materials. Fences shall consist of materials commonly used in conventional fence construction, such as wood or metal. If, because of design or construction, one side of the fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot.
(H) Maintenance. All fences shall be maintained in a good structural condition at all times. All fences shall be kept neatly painted, stained, or preserved and such treatment shall be of the same contiguous color, stain, or other treatment.
(Prior Code, § 153.076) (Ord. D-1418, § 437, passed 11-22-1982, effective 1-21-1983; Ord. D-1621, passed 10-1-1990, effective 10-11-1990; Ord. D-1844, passed 9-27-1999, effective 10-7-1999) Penalty, see § 153.999