Editor's Note — See the Editor's Note at the beginning of Title IV.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
A building permit shall be issued on behalf of the owner authorizing for the placement, construction, erection and relocation of fences, provided they meet the requirements of this Chapter.
B. 
Prohibited Fences. No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.
1. 
The installation of electric fences shall be prohibited in all zoning districts.
2. 
Barbed wire fences or barbed wire assemblies atop fences shall be prohibited in all zoning districts. Protection of municipal utilities, wells, towers, lift stations, generators, etc., are exempt from this prohibition for security purposes.
3. 
Any fence constructed of chicken wire, welded wire mesh, woven wire, cattle panels or materials of similar characteristic shall be prohibited in all residential and commercial districts.
C. 
For purposes of this Chapter, the following types of fences are recognized:
1. 
Barrier fence. A structure or barrier constructed of wooden or metal parts, rails, boards, masonry, etc., and used to mark a boundary or to define and enclose a specific area for the purposes of protection, privacy or confinement. For the purposes of this Chapter, a freestanding wall erected for protection, privacy or confinement shall be regulated as a barrier fence.
2. 
Decorative fence. A structure composed of wooden or metal parts and used in a manner which is designed to add to the aesthetics or attractiveness of the lot upon which it is placed, rather than as an enclosure or barrier. Railings along or adjacent to front stoops, porches, steps, landings, culverts, bridges or sidewalks shall not be considered as decorative fences under this definition.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Location Of Barrier Fences. Barrier fences shall not be located outside or beyond the property or lot boundary lines of the lot upon which the fence shall be placed or within any dedicated easements of record.
1. 
Barrier fences running along side lot boundaries which are adjacent to public street rights-of-ways shall be set back one (1) foot upon such lot if fences exceed six (6) feet in height. Fences shall not enclose public sidewalks or walkways.
2. 
No barrier fence shall be placed, constructed or erected which will constitute a traffic hazard or encroach upon the ten (10) foot sight triangle as defined in Section 412.013.
3. 
Barrier fences may be located across utility easements, provided that the portion of the fence extending across such easement can be easily separated and removed from the remaining portion of the fence in order to gain access to the easement. As an alternative to removable sections, the owner may install a double gate a minimum of twelve (12) feet wide to provide access to the easement. In platted residential subdivisions that have easements located parallel with side lot property lines, approval for the erection of fencing within the easement area can only be authorized by all effected utility companies having access to said easement. Authorization must be submitted in writing with the building permit application. A waiver may be provided by the Director of Public Works by filing the necessary documentation on the forms provided for that purpose.
4. 
Barrier fences shall not be placed in front yards in residential areas nor shall they be placed within a commercial business frontage.
5. 
A barrier fence six (6) feet in height shall be constructed around all dumpsters which can be viewed from any street right-of-way. This barrier fence shall completely surround the dumpster and have a gate on one (1) side to allow access to the dumpster. Barrier fences surrounding dumpsters shall be constructed of non-combustible opaque materials.
B. 
Height Of Barrier Fences. No barrier fence shall be placed, constructed or erected which exceeds eight (8) feet in height. The following land uses or situations are exempted from this requirement and may erect fences in excess of eight (8) feet:
1. 
Public or parochial schools, playgrounds, athletic facilities.
2. 
Municipal utility and maintenance facilities.
3. 
Institutional uses, including penal institutions.
4. 
Developments required by conditional use permit or elsewhere in this Chapter to erect a fence as part of a landscaping or screening plan.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Location. Decorative fences shall not be located outside or beyond the property or lot lines of the lot upon which said fence shall be placed or within any dedicated easements of record. Decorative fences may be placed in the following locations:
1. 
That portion of the lot which lies between the front lot line (or street right-of-way) and the front yard setback line established by the building or buildings erected upon said lot.
2. 
Between the lot boundary line and the platted side and/or rear yard setback line.
3. 
Crossing utility easements, provided that the portion of the decorative fence extending across such easement may be easily separated and removed from the remaining portion of the decorative fence in order to gain access to the easement. As an alternative to removable sections, the owner may install a double gate to provide access to the easement. In platted residential subdivisions that have easements located parallel with side lot property lines, approval for the erection of fencing within the easement area can only be authorized by all effected utility companies having access to said easement. Authorization must be submitted in writing with the building permit application.
B. 
No decorative fence shall be placed, erected or constructed which will constitute a traffic hazard or encroach upon the ten (10) foot sight triangle as defined in Section 412.013 of this Title.
C. 
Height. Decorative fences shall not exceed four (4) feet in height.
D. 
Decorative fences shall be constructed by way of illustration in a style similar to split rail, picket or wrought iron fences. Decorative fences, although not restricted to these particular styles, must be designed so that they are essentially open and not solid fences.