[R.O. 2017 § 525.010; Ord. No. 18-02, 3-20-2018]
The provisions of this Chapter shall apply to the construction, installation, reinstallation, alteration, replacement, repair, relocation and maintenance of fences and walls. The purpose of this Chapter is to provide minimum requirements to safeguard life, health, property and public welfare, by regulating and controlling the construction and location of fences and walls to provide a pleasing urban environment for the City of Battlefield.
[R.O. 2017 § 525.020; Ord. No. 18-02, 3-20-2018]
A. 
General. All materials, including fasteners, supports, ornamental decorations, etc., used in construction of fences and walls, as defined herein, shall be resistant to the elements.
B. 
Prohibited. The following materials shall be prohibited in the construction or use with fences and walls, as defined herein:
1. 
Razor wire (concertina wire);
2. 
Barbed wire;
3. 
Chicken wire, poultry netting, plastic snow fence, livestock panels and similar materials;
4. 
Electric;
5. 
Concrete masonry units (cinder block); and
6. 
Tires, pallets or other material not specifically designed to be used as a fence.
C. 
Exceptions.
1. 
Security fences for use in commercial or manufacturing zoning districts may be comprised of chain link and barbed or razor wire and may be located in the front, side, and rear yards of the property, subject to approval by City staff. All barbed or razor wire shall be placed no less than seven (7) feet above the finished grade.
2. 
Split-faced concrete masonry units may be used in any zoning area as long as nominal heights do not exceed six (6) feet and are placed on a permanent concrete foundation.
3. 
In-ground pet containment fencing.
[R.O. 2017 § 525.030; Ord. No. 18-02, 3-20-2018]
A. 
Fences and walls can be installed up to the property line; but all fence posts and pickets shall be located completely within the property line(s) of the lot on which they are located.
B. 
All fences and walls erected adjacent to a public street shall have the finished side of the fence facing toward the street.
C. 
Fences in front yards shall be at least fifty percent (50%) open and consist of an ornamental-type fence, including wrought iron/aluminum, picket, split-rail or other decorative fence material approved by the City staff.
D. 
No fence may be constructed that may impede the natural flow of stormwater. Fences in or across drainage swales and easements must be erected so there is enough room under the bottom of the fence for stormwater to pass through.
E. 
Fences are limited to six (6) feet in height in rear yards and a maximum of four (4) feet in front yards. A maximum fence height of eight (8) feet is allowed where a side, corner side or rear property line abuts a non-residential zoning district or City streets, provided such fence height does not interfere with required traffic visibility at intersections or driveways. City staff may approve the eight-foot-height fences in other areas due to special circumstances.
F. 
In no case shall a fence encroach into a public space or into a sidewalk. All fences shall remain a minimum of twelve (12) inches from the closest sidewalk edge.
G. 
In cases where fences are not erected on property lines due to easement or other restrictions, a pedestrian gate shall be installed within the fence that allows access to the unenclosed space for maintenance activities.
[R.O. 2017 § 525.040; Ord. No. 18-02, 3-20-2018]
A. 
Authority To Continue. Any fence or wall which does not comply with the applicable requirements may be continued so long as it remains otherwise lawful.
B. 
Enlargement, Repair, Alteration. Any non-conforming fence or wall shall not be enlarged, repaired or altered without obtaining a building permit and shall thereafter conform to the regulations of this Chapter.
C. 
Moving. Non-conforming fences or walls shall not be moved in whole or part for any distance whatsoever to any other location on the same lot or any other lot unless the entire fence or wall shall thereafter conform to the regulations of this Chapter.
D. 
Unlawful Acts. It shall be unlawful for any person, firm or corporation to install, alter, repair or move a fence or wall, or cause the same to be done, in conflict with or in violation of any provisions of this Chapter.
E. 
Violations And Penalties. Any person found guilty of violating this Chapter shall be penalized in accordance with Section 100.220 of this Code.
F. 
All ordinances and parts of ordinances in conflict with the provisions of this Chapter or any part of the Code adopted herein by reference are hereby repealed.