§ 153.381  FENCES.
   (A)   Building permit requirements. No person, firm or corporation shall construct or erect a fence without first obtaining a building permit pursuant to § 32.16(A).
   (B)   Construction and maintenance. Fence construction shall be of good workmanship, with material reasonably suited for its intended purpose. Fences shall be maintained on both sides in a condition of good repair, and shall not be in or remain in the condition of disrepair, including, but not limited to, leaning or sagging. A fence that is in disrepair is a public nuisance and abatement of that nuisance shall be undertaken by the Zoning Administrator. Barbed wire, sharp-pointed wire, sheet metal or electrical fences are not allowed. A tight fence which blocks or obstructs more than 75% of light or ventilation in front of the front building line is not allowed. In addition, on a corner lot, if the primary door of the residence is located in the side yard abutting the street, a tight fence which blocks or obstructs more than 75% of light or ventilation in the side yard abutting the street is not allowed.
      (1)   The following materials are approved for fence construction:
         (a)   Wrought iron;
         (b)   Aluminum (wrought iron design);
         (c)   Wood;
         (d)   Vinyl/PVC, and composite fencing (i.e., Trex); and
         (e)   Chain-link with approved posts and cap, provided they are of woven type material at least 12-gauge.
      (2)   The following materials are not approved for fence construction:
         (a)   Farm fence of any kind, which includes, but is not limited to woven or welded wire, chicken wire, plastic deer fence, snow fence, steel bar fence, and similar type fencing, except as allowed for gardens.
         (b)   T-posts, pipes, and metal stakes;
         (c)    Barbed wire (except for security fences around power substations); and
         (d)   Temporary barriers not permanently affixed to the ground.
      (3)   The material requirements of this section shall not apply to school athletic fields.
   (C)   Appearance and location. Fences shall not contain pictures or lettering and shall be one uniform color. Fences shall be located inside of property lines and cannot be located on the property line, a neighbor’s land or on public property (boulevards, sidewalks, etc.). It is the responsibility of the permittee to ensure that it is constructed on the permittee’s property. Structural supports of the fence shall be on the interior side of the fence.
   (D)   Height; all districts. In all zoning districts within the city, fences shall meet the following height requirements.
      (1)   Fences from the front building line to the front lot or parcel line of that lot shall not exceed four feet.
      (2)   Fences from the front building line to the rear property line shall not exceed six feet in height.
      (3)   Fences along the side yard property line shall be located at least five feet from any principal structure located on the adjacent property. If a fence is located closer than five feet from a principal structure located on the adjacent property, the fence shall not exceed four feet.
      (4)   On a corner lot, fences along the side yard abutting the street shall not exceed six feet. Exception: if the primary door of the residence is located in the side yard abutting the street, fences shall not exceed four feet in the side yard abutting the street.
      (5)   On a corner lot, fences along the rear yard shall not exceed four feet in height from the front building line of the abutting lot to the front lot line or parcel line of the abutting lot.
      (6)   Whenever a fence and wall are used in combination, or placed upon a berm, the combined height shall not exceed the permitted height outlined above. For the purposes of this clause, fences placed within three feet of a berm or wall shall be considered to be used “in combination” with the berm or wall.
   (E)   Height; commercial and industrial zones. Fences with a security arm for barbed wire may be erected to a height of eight feet, if a conditional use permit is obtained or if modified and approved as part of the site plan approval process under § 153.031. The security arm shall only extend over the property of the property owner. The security fencing shall not be located along a property line abutting a residential use.
   (F)   Height; abutting public ways. No fence, thicket, hedge or landscaping shall be erected, kept or maintained in excess of four feet in height on a corner lot within 25 feet of the intersection of a public right-of-way.
   (G)   Fences around swimming pools. Inground swimming pools shall be surrounded with an enclosure screened structure, or fencing at least five feet in height and of sufficient density to control access, having openings not in excess of six inches. Gates shall be self-closing, with a latching device to secure closing, and hardware for permanent locking device which shall be located at least 48 inches in height from the ground. The requirements of this section shall not apply to above-ground pools with a removable access ladder or an above-ground pool surrounded by a fenced deck, with a self-closing gate and latching or locking device, as above described. The latching requirement shall not be subject to any nonconforming use status under § 153.006.
   (H)   Special fences. Fences for special purpose or differing in material, height, construction or location may be permitted in any district by variance.
(Ord. 05-05, passed - -; Ord. 07-29, passed - -; Ord. 08-19, passed - -; Ord. passed 10-11-1963; Ord. 13-03, passed 6-10-2013)