(A)   Zoning permit required.  No fence shall be erected prior to the issuance of a zoning permit by the city.  The permit application shall describe the fence and include the height, length, location, material, and general type of fence.
   (B)   Right-of-way.  Fences shall not be erected within or extend into a street right-of-way.
   (C)   Permitted and prohibited fence types.  Fence types can include, but are not limited to: chain link, picket, stockade, wood slat, shadow box, and wrought iron.  Woven wire fences, such as poultry netting, field fences, cattle fences and snow fences, are not permitted.  No fence shall be constructed of corrugated metal, corrugated plastic or similar materials, or include old doors or other discarded material.
   (D)   Dangerous fence elements prohibited.  No fence shall contain barbed wire, electric current, broken glass, sharp edges or other dangerous elements.
   (E)   Height.
      (1)   A residential fence shall not exceed a height of six feet, measured from grade to the highest point of the fence.
      (2)   Fences must comply with § 155.188, Visibility Controls.
      (3)   Fence height includes any barbed or razor wire additions as may be allowed on commercially or industrially zoned parcels.
      (4)   Fence height shall be measured from the ground elevation prior to any filling, berming or excavation.
   (F)   Visibility.
      (1)   No solid fence, hedge, tree or other planted screen shall be erected or maintained within the clear vision triangle of two streets in such a way as to obstruct vision between the height of three feet and ten feet, measured from grade.
      (2)   Fences placed within the clear vision triangle shall comply with the requirements of this section.
         (a)   Clear vision triangle.  The CLEAR VISION TRIANGLE is formed by the intersecting rights-of-way of two intersecting streets, and a line connecting the rights-of-way at points 25 feet from the point of intersection.
         (b)   Fences within a clear vision triangle.  A fence shall provide visibility through at least 75% of its surface area through open spaces uniformly distributed along its surface area, on any portion of the fence that is above three feet in height and within a clear vision triangle, to meet the requirements of this section.
   (G)   Exterior and interior sides of fences or walls. The finished side or most visibly attractive side of the fencing or wall shall face the exterior property line.  Fence posts shall be on the side of the fence facing the interior of the lot or parcel of land upon which the fence is constructed.  Fences constructed of alternating boards on opposite sides of the supporting structure are considered as finished on both sides.
   (H)   Maintenance, repair or removal of fences.  Fences shall be maintained to retain their original appearance, shape and configuration.  Any fence that deteriorates due to a lack of repair or type of construction shall be deemed a nuisance and shall be repaired or removed.  The city shall notify the owner of the property on which such a fence is located and specify the time period in which required repairs shall be made or the fence shall be removed.
   (I)   Fences enclosing public or institutional areas.  Fences enclosing public or institutional parks, playgrounds or school yards shall be or open type, not exceeding six feet in height, except as required for recreational purposes, such as baseball backstops or similar purposes.
   (J)   Safety fences.  Safety fences for pools and hot tubs shall comply with all applicable codes, including required height.
   (K)   Garden fences.  A garden fence is constructed to keep wildlife out of personal garden space.  Special approval from the Zoning Administrator can be obtained for alternate building materials for this purpose.  The garden fence must comply with all other applicable requirements of this section.
   (L)   Increased heights for commercial and industrial fencing.  The Zoning Administrator may authorize fence heights above six feet, but not greater than ten feet, for commercially and industrially zoned properties.  If these properties are adjacent to residentially zoned properties, the request needs to be approved by the Planning Commission.
   (M)   Decorative fences for front yards and corner lots.  Fences placed in a front yard or in the side yard of a corner lot that abuts a street right-of-way shall be decorative in nature.  Split rail and picket fences are examples of typical decorative fences.  However, any fence that complies with the following requirements would be considered decorative.
      (1)   Height.  Decorative fences shall not exceed a height of four feet, measured from grade to the highest point of the fence.
      (2)   Surface.  Except as provided in division (F)(2)(b) of this section, decorative fences shall be constructed so that the surface of the fence shall be no more than 50% solid, so as to ensure adequate visibility at the right-of-way or property line.
      (3)   Orientation.  Decorative fences shall be installed with the structural members or framing directed inward toward the property.
      (4)   Material. The use of wire fencing, including, but not limited to, so-called cyclone or chain link fencing, shall not be allowed on decorative fences.
(Ord. 627, passed 8-22-2016)