1272.08   FENCES AND WALLS.
   (a)   Prior to obtaining a zoning permit, it is advisable to locate the property boundary pins.  No fence or wall shall be erected that exceeds four feet in height in any required yard, or that exceeds six feet in height in any other area of the lot. No vision-impairing fence or wall exceeding 24 inches in height shall be located within 20 feet of a street right-of-way.  The permitted height of any such fence shall be measured based on the contour of the lot. See Exhibit VII.
   (b)   The finished side of a fence or wall shall face outward from the property on which the fence or wall is located.  The side of a fence or wall containing the posts or poles and/or other bracing appurtenances shall face inward to the property being fenced or walled in.
   (c)   When erected near a property or lot boundary line, all of the fence or wall and any of its supporting structures or appurtenances shall be contained within the lot or property of the person erecting or having erected said fence or wall.  If such fence or wall is erected within three feet of an adjoining property line, an easement from the property owner(s) of the adjoining property shall be obtained that legally grants access across their property for maintenance of the wall or fence.  If a wall or fence is constructed along the property line of neighboring parcels, a mutual easement of access for maintenance purposes shall be granted by both property owners.  Any and all easements required by this section shall be required to be duly recorded prior to the issuance of a zoning permit.
   (d)   No fence in any required yard, other than a rear yard, shall be constructed of chain link, wire, wire mesh or stockade fencing material.  Concrete or cinder block walls shall not be permitted in any district unless the face walls are improved with brick, natural cut stone, or similar façade treatments.  The painting of the façade of any concrete or cinder block wall shall not constitute an acceptable façade treatment.
   (e)   Fences and walls shall be designed and be of such materials that are compatible and harmonious with the architectural design of the principal building or structure on a lot.  Any questions, concerns or disputes pertaining to the architectural compatibility, suitability and appropriateness of a fence or wall shall be referred to the Planning and Zoning Commission for their final determination on the matter.
   (f)   Prohibited fences. Fences shall not be permitted in the front yard, or side yard on a corner lot, except that an ornamental fence may be located in the front yard and/or side yard on a corner lot. No more than two ornamental fences shall be allowed in the front yard or side yard on a corner lot.
      (1)   For the purposes of this section, “front yard” shall be defined as the area bounded by a line parallel to and even with the front facade of the principal structure on a lot and extending to the lateral boundaries of the lot and the line establishing the right-of-way of the street upon which the lot is located.
      (2)   For purposes of this section, “side yard on a corner lot” shall be defined as that area bounded by a line parallel to and even with the side facade of the principal structure that faces a street or corner lot and extending laterally to the edges of the lot, and the line establishing the right-of-way of the street which is adjacent to the lot.
      (3)   An ornamental fence shall posses all of the following characteristics:
         A.   Possesses no utilitarian purpose or value.
         B.   Has a height no greater than 36 inches for fencing components and 48 inches for newel posts.
         C.   Is of a unique character or design used to enhance the aesthetics of the landscaping.
         D.   Does not close or enclose any area of the lot.
         E.   Does not have more than two walls or panels with each wall or panel being nor more than eight feet in length.
         F.   Is in close proximity to the principal structure relative to the area of the front yard.
   (g)   No fence or wall on a corner lot shall interfere with the site distance triangle required by Section 1272.07.
   (h)   All fences and walls shall be maintained in good condition and structurally sound at all times.
   (i)   No fence shall be erected prior to obtaining a zoning permit for same from the Zoning Inspector.
(Ord. 2013-01. Passed 2-5-13; Ord. 2014-09. Passed 12-2-14.)