(A) (1) Fences, not exceeding five feet in height may occupy a side yard, however, fences six feet in height may be permitted; provided, a side yard width of not less than four feet on both sides of the fence is provided and a front yard of not less than 20 feet is provided.
(2) Fences not exceeding six feet in height may occupy a rear yard.
(3) Except for the following: wherein the adjacent lot is developed and the side yard fence is adjacent to the rear yard of the developed lot or wherein the lot is adjacent to an alley or a street, then said side yard fence may be six feet in height.
(B) No residential or non-residential fence or wall shall be erected in a required front yard; except that, on lots with a side lot line adjacent to an alley or a street, a decorative or ornamental fence shall be allowed, such as, but not limited to, a split-rail or a two-rail fence; but not to include chain link or fences of solid type construction and not exceeding four feet in height, may be constructed along the alley, street line or extension of the side yard to the front of said lot.
(C) Decorative or ornamental fences constructed under this section shall not be intended to enclose or be capable of enclosing animals or human beings.
(D) Prior to construction of any decorative or ornamental fence allowed by this chapter, a site plan showing the location and type of fence to be constructed shall be submitted to the Department of Engineering and Building for approval.
(E) No decorative or ornamental fence shall be constructed without first obtaining the approval set forth herein.
(F) Fences on non-residential properties are not permitted in a front yard or side yard when the fence is within 20 feet of the front property line or in front of the building.
(G) Where a rear or side yard of “non-residential property” abuts a residentially zoned area, then any fence shall be of solid type material such as brick, decorative block or decorative poured concrete or other approved material as determined by the Zoning Board of Appeals upon appeal.
(H) It shall be unlawful for any owner or occupant of land in the city to build or maintain any fence constructed wholly or in part of barbed wire, razor wire or other similar security wires or materials which could easily cause injury to persons, or any fence, guard wall or other protection upon which there shall be fixed, attached or placed in any manner any spike, nail or pointed instrument of any kind or description or any fence electrically charged; provided, however, barbed wire may be used along the top of such fences surrounding industrial zoned parcels of property, if such barbed wire is fastened to a portion of the fence extending at an angle over the property enclosed and not over other private property and not projecting on the opposite side or the side adjacent to a sidewalk or public way.
(I) (1) When a fence is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said fence shall not be located closer to the street side lot line than the existing front yard setback of the lot to the rear; provided, in those instances where lots are 40 or less in width, the setback need not exceed 15 feet. Where lots are 35 feet or less, the setback need not exceed ten feet.
(2) When a fence is located on a corner lot, the side line of which is substantially a continuation of the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, said fence shall not be closer than the required street side yard setback of the lot to its rear.
(Prior Code, App. A, § 2406) (Ord. 1277, passed 4-2-2007)