(A) No person shall hereafter construct, erect or maintain a fence or section of fence unless it conforms to the following requirements.
(B) For purposes of this code, the word FENCE shall also include a hedge or other plant growth planted or maintained as fencing.
(1) On that portion of a lot or public right-of-way between a public street fronting the lot and one foot to the rear of the survey pegs marking the front corners of the lot, no fence shall be erected.
(2) On that portion of a lot between one foot to the rear of the survey pegs marking the front corners of the lot and lines extending straight out from both ends of the main front load-bearing wall of the habitable structure upon such lot, all fences shall be at least 50% open and no fence shall be more than 48 inches high; however, a hedge or other plant growth need not be 50% open but must, at all times, be kept trimmed to a height of no more than 36 inches.
(3) On the portion of a lot between lines extending straight out from both ends of the main front load-bearing wall and both ends of the main rear load-bearing wall of the habitable structure upon such lot, all fences shall be at least 50% open and no fence shall be more than six feet high; however, if a written consent from the owner(s) of record of the adjacent realty is first filed with the Building Inspector, a particular fence may be constructed, erected or maintained of a solid, not open design or to any specified height not over eight feet, or both. A hedge or other plant growth need not be 50% open but must, at all times, be kept trimmed to a height of no more than five feet high. On a corner lot, any fence in such side yard, adjacent to a street, shall conform to the requirements of this division (B).
(C) On that portion of a lot to the rear of lines extending straight out from both ends of the main rear load-bearing wall of the habitable structure upon such lot and which is less than ten feet from any-adjacent realty, no fence shall be more than six feet high; however, if a written consent from the owner(s) of record of the adjacent realty is first filed with the Building Inspector, a particular fence may be constructed, erected or maintained to any specified height not over eight feet. On a corner lot, any fence in such side yard, adjacent to a street, shall conform to the requirements of division (B) above.
(D) Along the rear line of a lot, fences may not exceed eight feet in height. On a corner lot, any fence erected along a rear lot line shall conform to the requirements of division (B) above.
(E) Barbed wire, electric fencing and other materials capable of injuring humans or animals shall not be used.
(F) No fence may be erected or maintained which hinders access to solar energy necessary for the proper functioning of a solar energy system.
(Prior Code, § 150.08) (Ord. 93-10-01, passed 10-11-1993) Penalty, see § 150.99