(A) Location. Any fence constructed or altered after June 3, 1982, must be located entirely upon the private property of the owner to whom the building permit was issued. Ownership of the fence passes with ownership of the property. The fence must be setback a distance from the owner’s property line sufficient to avoid encroachment onto adjoining private or public property or a public right-of-way. The applicant represents that the fence will be entirely on the property of the fence applicant. At its sole discretion, the city may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes on the property line.
(B) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. Required fence height shall be measured and applied only at each post, and no section of fence between posts shall exceed the height of the higher of the two posts between which such fence is constructed.
(C) Fence uses.
(1) Residential uses.
(a) Front yards. No fence, fence post, or post cap shall be over four feet four (52 inches) in height within a required front yard setback.
(b) Side yards. No fence, fence post, or post cap shall be over six feet six inches in height. A fence up to six feet six inches in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building.
(c) Rear yards. No fence, fence post, or post cap, shall be over six feet six inches in height.
(2) Commercial/industrial uses.
(a) Front yards. No fence shall be over seven feet in height within a required front yard setback.
(b) Side yards. No fence shall be over seven feet in height.
(c) Rear yards. No fence shall be over six feet six (78 inches) in height.
(d) Exemption. Through the approval of a conditional use permit (CUP), fence heights as listed in divisions (C)(2)(a) through (C)(2)(c) above may be increased for the following types of fencing.
(Prior Code, § 150.072) (Ord. 2022-07, passed 10-11-2022) Penalty, see § 150.999