1111.01   FENCES AND SCREENS.
   These regulations govern the erection, maintenance, and replacement of all fences and screens on all property in the City:
   (a)   Fences.
      (1)   A fence permit shall be obtained from the Administrator for the installation of all fences. A fence permit shall be required to change, alter or replace an existing fence.
      (2)   The City’s approval of a fence shall in no way make it liable to a property owner or create any responsibility on the part of the City relative to the erection of a fence on, over, or within any easement.
      (3)   Fences may be constructed on a lot line at the property owner’s risk. All fences shall be constructed with structure elements (e.g. posts, beams) facing toward the property on which the fence is located and away from the lot line; provided, however, that if both property owners agree that the structural elements will face away from the property on which the fence is located and toward the lot line, then a letter signed by both property owners shall be provided to the City prior to approval.
      (4)   Unless required by state or federal regulations, no fence shall contain an electric charger or contain Constantine, concertina, or barbed wire. Notwithstanding the foregoing, barbed wire, but not Constantine or concertina wire, may be included on fences in the side and rear yards of a property located in an IIM zone in compliance with Section 521.08 of the City of Sidney Code of Regulations.
      (5)   All fences shall be mounted to the ground and no fence shall be mounted to the roof, parapet wall, or any other portion of a building; provided, however, that a groundmounted fence may be attached to the wall of a building at its terminus.
      (6)   Fences in the side and rear yards shall be no taller than seven feet from the natural grade, except on property in the IIM zone, in which case fences may be a maximum of eight feet in height as measured from the natural grade. Fences in the IIM zone which are located in the front yard shall be no more than 20% opaque.
      (7)   In front yards, fences may be no taller than four feet, shall be no more than 50% opaque except as permitted in Section 1111.01(a)(6) in the IIM zone.
      (8)   No fence shall be located within or interfere with the site visibility triangle for vision clearance as set forth in the City’s Engineering Standards.
      (9)   Permanent signage is not permitted on any fencing.
      (10)   Temporary fences erected for a specific function and limited time duration shall be maintained in good condition and shall not require a permit. No temporary fencing material shall be used for permanent fencing.
         A.   Snow fencing shall not exceed four feet in height; shall be limited to plastic mesh or wood slat fencing.
         B.   Construction and/or demolition fencing is permitted to enclose an active construction or demolition site for the duration of the construction or demolition.
         C.   Fencing for vegetable and fruit gardens is permitted.
   (b)   Screens.
      (1)   All trash storage and collection areas on property used for other than a single-family residential or two-family residential use must be screened by a solid wood and/or masonry fence installed and maintained at a height of 12 inches above the vertical height of the trash receptacle.
      (2)   Dumpsters must be in enclosures meeting the minimum requirements of the City engineering standards.
      (3)   Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view or they shall be so located as not to be visible from any public ways.
(Ord. A-3075. Passed 1-24-22.)