The regulations of this chapter are established to permit fences in a manner that promotes safety and security, while protecting and enhancing the appearance and character of neighborhoods and business districts.

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)

   For purposes of this chapter, these terms shall have the following meaning:

   (a)   “Fence.” An artificially constructed barrier of any material or materials erected to enclose, screen, or decorate areas of land. Fences include walls, conifer trees, hedges and earth berms meeting this definition.

   (b)   “Fence Height.” The height of a fence, as defined herein, measured from grade at the base of the fence.

   (c)   “Open and Solid Fences.” A fence shall be considered “open” if every segment of the fence (e.g., a section between posts) is composed of at least seventy-five percent (75%) open spaces and no more than twenty-five percent (25%) solid materials. All other fences are considered “solid” fences.

   (d)   “Ornamental Fence.” A fence shall be considered “ornamental” if it is composed of wrought iron-style pickets, wood pickets, wood split rails and posts, brick, stone, or any other materials of a decorative nature approved by the Director of the City Planning Commission as compatible with the character of the area in which the fence is to be placed.

   (e)   “Yards.” As used in this chapter, the term “actual yard” shall refer to the entire lot area between a main building and the corresponding lot line. The term “required yard” shall refer to that portion of the actual yard in which structures cannot be erected unless permitted as encroachments.

(Ord. No. 1389-02. Passed 11-25-02, eff. 12-3-02)

   No fence shall be installed or maintained except in conformance with the following regulations regarding maintenance of sight lines at street intersections and at driveway exits.

   (a)   Height and Location. No portion of a fence located within thirty (30) feet of the intersection of two (2) street right-of-way lines shall exceed two and one- half (2-1/2) feet in height, unless all portions of the fence above two and one-half (2-1/2) feet in height are at least seventy-five percent (75%) open. The same restrictions shall apply to any portion of a fence located along and parallel to a driveway within fifteen (15) feet of its intersection with a public sidewalk or public street, if no sidewalk is present.

   (b)   Nonconforming Fences. Any fence not conforming to the regulations of this section regarding maintenance of sight lines shall be made to conform if the owner or responsible party is so ordered by the Commissioner of Building and Housing for the purpose of eliminating an identified and demonstrated hazard. The Board of Zoning appeals may, however, permit retention or installation of such nonconforming fence if the Board determines that no hazard is created in a particular instance.

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)

   Fences in Residential Districts shall be installed and maintained in accordance with the following regulations, as well as other applicable regulations of the Codified Ordinances.

   (a)   Height and Opacity. Fences in actual front yards and in actual side street yards shall not exceed four (4) feet in height and shall be at least fifty percent (50%) open, except that, in an actual side street yard, a fence that is set back at least four (4) feet from the side street property line may be a maximum of six (6) feet in height and may be open or solid. Fences in actual rear yards and in actual interior side yards shall not exceed six (6) feet in height and may be solid or open. No fence shall be higher than its distance from a residence building on an adjoining lot or from the permitted placement of a future residence on such lot, if such fence will be generally parallel to and adjacent to the closest wall of the residence.

   (b)   Location. A fence running generally parallel to and adjacent to a building on the same property shall be located no closer than three (3) feet to the closest wall of such building.

   (c)   Materials and Appearance.

      (1)   Front Yards. In Residential Districts, only ornamental fences, as defined herein, shall be installed in actual front yards and in actual side street yards if located within four (4) feet of the side street property line. The Board of Zoning Appeals may, however, permit a chain link fence if the Board determines that such fence is common in the immediate vicinity of the subject property.

      (2)   Other Yards. In other yards, fences may be composed of any materials except barbed wire and except as prohibited in division (a) of Section 358.06.

   (d)   Residential Swimming Pools. Fences shall be provided around swimming pools that are accessory to a residence in accordance with the regulations of division (g) of Section 3117.03 of the Building Code.

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)

   Fences in Non-Residential Districts shall be installed and maintained in accordance with the following regulations, as well as other applicable regulations of the Codified Ordinances.

   (a)   Height and Opacity.

      (1)   General and Unrestricted Industry Districts. In General and Unrestricted Industry Districts, fences in actual front yards and in actual side street yards shall not exceed six (6) feet in height and may be either open or solid. In actual rear yards and actual interior side yards, fences shall not exceed ten (10) feet in height and may be open or solid.

      (2)   Other Non-Residential Districts. Except as specifically required because of the type of use, in Non-Residential Districts other than General and Unrestricted Industry Districts, fences in actual front yards and in side street yards shall not exceed four (4) feet in height and shall be at least fifty percent (50%) open above two (2) feet in height. In actual rear yards and actual interior side yards, fences shall not exceed six (6) feet in height and may be open or solid.

   (b)   Barbed Wire Fences. Barbed wire fences are permitted in all Non-Residential Districts except the Local Retail District and the Parking District, and shall be installed and maintained in accordance with the following regulations and other applicable regulations of the Codified Ordinances.

      (1)   Sidewalk Setback. Except in General Industry and Unrestricted Industry Districts, a fence with barbed wire shall be located at least four (4) feet from a sidewalk in a public right-of-way.

      (2)   Residential Setback. In all Non- Residential Districts, a fence with barbed wire shall be located at least four (4) feet from the property line of a Residential District.

      (3)   Landscape Barrier. Where it is required that a barbed wire fence be set back from a sidewalk or a Residential District line, such setback area shall be planted with shrubs spaced no more than five (5) feet apart or trees spaced no more than twenty (20) feet apart. The requirement for a landscape barrier shall not apply to barbed wire fences legally established prior to the initial effective date of this section nor to the replacement of such fences and shall not apply to a fence setback area of eight (8) feet or more.

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)

   The following regulations shall apply to fences in all zoning districts or as specified.

   (a)   Prohibited Materials. No fence shall be composed of scrap materials, tires, canvas, cardboard, asphalt-style shingles, or chicken wire. Furthermore, except in General Industry and Unrestricted Industry Districts, no fence shall be composed of corrugated metal or sheet metal.

   (b)   Appearance. All fences shall be uniform in material and color. In the case of a fence with a finished side and an unfinished side, the finished or more decorative side shall face outward toward the adjoining property or the street.

   (c)   Barbed Wire. Where permitted by regulations of this chapter, barbed wire may be installed at the top of a fence if not more than three (3) strands are used, and if the lowest strand is at least six (6) feet above the adjoining ground. In the case of a fence located less than four (4) feet from a public sidewalk or a Residential District line, the vertical supports for the strands shall slant away from the nearest property line at an angle of not less than forty-five (45) degrees. Such barbed wire may be placed above the otherwise applicable height limit for the fence to which it is attached. Any barbed wire fence not conforming to any provision of this chapter regarding barbed wire fences shall be made to conform or shall be removed no later than December 31, 2001.

   (d)   Maintenance. All fences shall be maintained in good condition, free of significant rust, peeling paint or other damage. Furthermore, all fences shall be kept plumb, with no more than a two (2) inch deflection from a vertical position.

   (e)   Recreation Facilities. On the grounds of a school or on the grounds of a public or private recreation use, an open fence erected to enclose a playground, playfield, swimming pool, tennis court, golf course or similar facility may exceed the otherwise applicable height limits, but shall not exceed twelve (12) feet in height.

   (f)   Railroad and Utility Properties. An open fence erected for security purposes along a railroad or rapid transit right-of-way or yard or around a public utility use may exceed the otherwise applicable height limits, but shall not exceed twelve (12) feet in height.

   (g)   Temporary Construction Fences. Notwithstanding other provisions of this chapter, a temporary fence shall be permitted in any zoning district to enclose a site at which construction activity is underway. Such fence shall be in place only for the duration of the construction activity and shall be removed when construction activity has been completed or has been discontinued for a period of three (3) months or more. Such fence shall be located as necessary to protect the public and to secure the construction site, as approved by the Commissioner of Building and Housing. The fence may be chain link, wood or another material approved by the Commissioner.

   (h)   Nonconforming Fences. Except as specified in division (b) of Section 358.03 with regard to sight lines and division (c) of Section 358.06, with respect to barbed wire, any fence not conforming to the regulations of this chapter may be retained and repaired but shall not be moved or replaced in whole unless made to conform with the provisions of this chapter. Replacement of less than half (1/2) of a nonconforming fence in a twelve (12) month period shall be considered “repair” and not “replacement” for purposes of this provision.

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)

   (a)   Applicability. Except as exempted in this section, no fence shall be installed unless a permit for such fence has been issued by the Commissioner of Building and Housing.

   (b)   Contents of Application. An application for a Building Permit to erect a fence shall include the following information, in addition to other information required by the Division of Building and Housing for a permit application:

      (1)   A site plan showing the location of the fence and gates in relation to all property lines, streets, driveways, sidewalks and structure on or within six (6) feet of the subject property;

      (2)   Information indicating the height, materials, dimensions, colors, style and opacity of the fence, including the use of barbed wire, if any; and

      (3)   Information and plans indicating the method of attaching the fence to the ground or to other structures.

   (c)   Exemption for Repair or Replacement. No permit is required for repair or replacement of a fence or portions thereof if the area being repaired or replaced, in any twelve (12) month period, does not exceed fifty percent (50%) of the length of the fence, and the replacement does not involve changes to foundations or footers. The exemption regarding partial replacement does not apply to walls.

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)