The purpose of this chapter is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all fences and hedges. (Ord., 10-14-2008)

DECORATIVE FENCE: A fence not exceeding a height of thirty six inches (36") from ground level, made of material other than wire, metal, chain or poured concrete, and constructed in a substantially open pattern (such as a weave or board and space pattern) and not solid pattern (such as a block, concrete, or privacy pattern).

FENCE: Any enclosure or barrier, solid or otherwise, made of wood, iron, stone or other material, as around or along a yard, walkway, field, or other area, and shall include "decorative fence".

HEDGE: A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

RETAINING WALL: A solid barrier of any material constructed to hold back a mass of earth. A retaining wall greater than thirty six inches (36") in height shall be considered a fence for purposes of this section. (Ord., 10-14-2008)

   A.   Residential Fences: Residential fences are permitted in residential districts but shall not in any case exceed a height of six feet (6'). No fence or portion of a fence shall be constructed within the front setback area of a building; provided, however, that a decorative fence may be constructed in the front setback area. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines nor placed closer than two feet (2') from the property line(s) unless a variance is granted by the zoning board of appeals.

   B.   Security Fences: Security fences are permitted just inside property lines in all districts except residential districts but shall not exceed ten feet (10') in height and shall be of an open type similar to woven wire or wrought iron fencing. The zoning board of appeals may approve security fencing in residential districts for permitted civic, cultural and institutional uses if it finds that such fencing is reasonable and necessary for security or safety reasons. (Ord. 632, 11-8-2016)

   C.   Prohibited Fences: No fence shall be constructed which creates a dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten feet (10') above the ground or higher and project toward the fenced property and away from any public area.

   D.   Fence Maintenance: All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property. (Ord., 10-14-2008)

Inground swimming pools, and swimming pools having an aboveground side wall height of eighteen inches (18") or more either permanently installed or filled for periods of thirty (30) days or more, shall be fenced as follows:

   A.   Fence Height: For inground pools and aboveground pools that have side walls less than four feet (4') in height from natural grade, the fence shall have a minimum height of four feet (4') and be located a minimum of four feet (4') from the side wall. Aboveground pools with side walls four feet (4') or greater in height do not require fences, however pool access(es) must be gated and locked or removed and secured when pool is not in use so as to prevent unauthorized use.

   B.   Locked Gates: All fence gates shall be locked or secured to prevent entry when the pool is not in use so as to prevent uncontrolled access to the pool area.

   C.   Full Enclosure: The fence and/or surrounding structures shall enclose the entire pool area, comply with zoning setback requirements and shall be installed prior to use of the pool. (Ord., 10-14-2008)

The height and setback for hedges shall be the same as outlined for fences in subsections 11-14-3A and B of this chapter; provided, however, hedges three feet (3') in height or less, from sidewalk level, may be kept in the front setback area, and provided further that no hedge shall be permitted in the terrace area or, where no terrace exists, within four feet (4') of any street or alley. Hedges shall be trimmed and maintained. (Ord., 10-14-2008)

Fences erected for the protection of planting, or to warn of construction hazards, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four foot (4') intervals. Such fences shall comply with the setback requirements set forth in subsections 11-14-3A and B of this chapter. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than one hundred eighty (180) days. (Ord., 10-14-2008)

Any fence or hedge existing on the effective date of this code and not in conformance with this chapter may be maintained, but no alteration, modification or improvement of same shall be permitted unless as a result of such alteration, modification or improvement said fence shall comply with this chapter. (Ord., 10-14-2008)