[Ord. No. 5086, 4-17-2023[1]]
No fence, screen, wall or other exterior partition in the City
shall be erected, altered, modified or changed in any manner without
first filing an application with and receiving a permit from the Department
of Planning and Development for such fence, screen or wall. Such application
shall be filed upon forms provided by the Department of Planning and
Development and shall clearly show the type of fence, screen or wall
proposed to be erected, altered, modified or changed, the material
which is to be used and the location where it is to be placed. An
application for a permit under the provisions of this Article shall
be accompanied by a fee as established by the Board of Aldermen and
on file in the office of the City Clerk/Administrator and Department
of Planning and Development to cover the cost of the permit and inspection
of the fence, screen, wall or exterior partition.
[Ord. No. 5086, 4-17-2023]
No division fence or screen, in whole or in part, may be constructed
of cloth, canvas or other similar material, nor shall any solid division
fence or screen of approved material exceed six (6) feet in height;
provided, however, a wooden or metal fence or screen not exceeding
eight (8) feet in height may be erected in any area if such topmost
two (2) feet of fence or screen is penetrated with openings at regular
intervals or latticed so that the combined area of the openings shall
be at least fifty percent (50%) of the actual surface of such fence
or screen, but no division fence, fence wall or screen, no matter
how built or of what material constructed, shall exceed ten (10) feet
in height. Any solid division fence of the stockade type, no matter
what height, must be constructed so that the horizontal and vertical
support posts are hidden from both the neighbor's and general public
view. All fences are to provide a gate for access for emergency services.
No barbed wire will be permitted on or in any fence. Electrified fences
are prohibited within the City.
[Ord. No. 5086, 4-17-2023]
A.
No fence or screen except those allowed under Section 400.2410, Subsection (D) shall be erected, constructed or maintained within a front yard in any dwelling district, except those fences already in existence on May 20, 1985.
B.
No
fence, screen, structure or planting higher than three (3) feet above
the street grade shall be maintained within ten (10) feet of any street
intersection. In the case of a corner lot, no fence screen shall be
built along the side street within the right-of-way line or within
five (5) feet from the curb line, whichever is greater.
C.
Solid
or open fences not exceeding ten (10) feet in height may be erected
along the common line between properties zoned residential and commercial
or industrial or a railroad right-of-way.
[Ord. No. 5086, 4-17-2023]
A.
Swimming
pool fences enclosing outdoor swimming pools shall be a minimum of
four (4) feet in height but not more than six (6) feet high. Where
such swimming pool is located within ten (10) feet of a side or rear
lot line, such fence may be located on the side or rear lot line.
All gates or doors providing access to such pool shall be self-closing
and self-latching with the latches placed at the highest practical
point of the fence.
B.
Tennis
court fences surrounding tennis courts shall be open mesh fences and
shall not exceed twelve (12) feet in height.
C.
Fences
enclosing an institution, a public park, public playground, elementary,
high school or junior college site may be eight (8) feet high providing
such fence or screen is at least fifty percent (50%) open.
D.
No
fences shall be constructed within any required front yard setback
along any street frontage as set forth elsewhere in this Chapter,
except that ornamental type fences meeting the general standards hereafter
set forth may be erected upon application for a permit.
1.
Such ornamental fence shall not exceed twenty-four (24) inches in
height, including height of any columns or imbedded vertical support,
and at least fifty percent (50%) of its surface shall be open as viewed
on any line perpendicular to the vertical plane of the fence for the
entire thickness of the fence.
2.
Wood posts, pickets, boards and lumber shall be painted so as to
be compatible with their surroundings.
3.
Columns and imbedded vertical supports shall not be set closer together
than six (6) feet.
4.
All exposed steel used in construction of ornamental fences shall
be preserved against rust and corrosion.
5.
No wire or steel mesh or wire fencing may be used in any manner as
part of the ornamental fence, but steel or wire mesh fencing may be
used as a temporary protection around shrubs in the required front
yard, but in no case shall such steel or wire mesh fencing exceed
eighteen (18) inches in height. [The use of wire or chain-link fencing
may be used in interior of the back yard area for gardening or for
animal security for up to thirty-six (36) inches in height provided
such is screened with a solid perimeter fence of the property]
[Ord. No. 5086, 4-17-2023]
A.
In
any commercially or industrially zoned property, a screening device
shall be constructed along the property line adjoining or contiguous
to property that is classified by the Zoning Code as a residential
district and no building or occupancy permit shall be issued unless
there is full compliance with the terms and provisions of this Chapter.
Plans for such screening devices shall be submitted simultaneously
with construction plans for buildings or construction of parking lots
to be placed on such property or at such times as the application
for occupancy is made.
1.
Fences. All fences between residential and commercial areas shall
be of a minimum height of six (6) feet and shall be sight-proof. Fence
material shall consist of solid wood or vinyl. No occupancy permit
will be issued until the above conditions are met.
2.
Walls. All walls used shall be constructed of brick, concrete or
masonry block and shall be constructed of sufficient height to effectively
screen commercial or industrial property from residential property
taking into consideration elevation differences between commercial
or industrial property and residential property.
3.
Trees. If there are existing trees between the property reclassified
in this Chapter and the adjoining residential property, such trees
should be retained if practical and supplemented by the planting of
new trees to create an effective screening device. New trees shall
be durable and of such variety as Sugar Maple, Pin Oak or other hardy
species. Such new trees shall have a minimum caliper of three (3)
inches. If evergreens are utilized, they shall have a minimum height
of eight (8) feet.
4.
Shrubbery. Shrubbery in combination with trees or grade changes may
be utilized, provided an effective screening device equal to the screening
devices referred to in this Section will be created.
5.
Grade Changes. Retaining walls in combination with grade changes
and planting of shrubbery may be constructed of railroad ties, stone,
brick, concrete, or masonry. Additionally, sloping terraces and earth
mounds may be constructed in combination with planting of shrubbery.
Use of such changes and shrubbery in combination must provide an effective
screening equal to the other screening devices referred to in this
Section.
B.
In
the event that an existing land use or property is non-conforming
for the reason that the site does not contain the screening required
in this Section, such non-conformity shall be cured, and the required
screening installed upon change of use, change of occupancy or upon
the installation or construction of new improvements on the site.
[Ord. No. 5086, 4-17-2023]
All fences, screening devices, or masonry wall shall be erected and continuously maintained in accordance with the provisions of Chapter 500 and acceptable standard property maintenance practices. Screening areas with trees, shrubs and/or decorative plantings shall be kept trimmed and free from weeds, trash, and debris.
