[R.O. 2009 § 462.010; Ord. No. 3001 §  1, 12-23-2008]
This Article contains the regulations for any Fencing installed, constructed, or erected within the City. These regulations may be supplemented and qualified by additional general regulations appearing elsewhere in this Code which are incorporated as part of this Article by reference.
[R.O. 2009 § 462.020; Ord. No. 3001 §  1, 12-23-2008]
A. 
Fencing Regulation, In General.
1. 
Fencing shall be constructed with the structural or supporting members facing toward the area to be enclosed or in such a manner as to present the least conspicuous view of these members to the public as reasonably determined by the Director.
2. 
Fencing shall not be greater than six (6) feet in overall height, except as otherwise provided in this Article.
3. 
Fencing shall be located on or inside the Rear and/or Side Lot Lines and shall not extend towards the Street beyond the Front Elevation Line of the Principal Building, except as otherwise provided for within this Article. For these purposes, the Front Elevation Line of a Principal Building on a Corner Lot shall be deemed to be where the main front entrance to the Principal Building is located.
4. 
Fencing four (4) feet or less in height may be considered by the Director beyond the Front Elevation Line of the Principal Building into the Front Yard if deemed necessary for safety concerns related to water features; bodies of water, such as Detention/Retention Areas, ponds, or lakes, Retaining Walls, etc. or as otherwise required under an applicable code or law.
5. 
Notwithstanding anything to the contrary, Fencing shall not be constructed on any portion of a Lot within thirty (30) feet of an Intersection.
6. 
Fencing must be kept in good repair and properly preserved. The Property owner shall repair, paint, remove, or otherwise attend to any Fencing if it becomes unsightly or a menace to public health, safety, and welfare.
7. 
Allowable materials for Fencing, except where otherwise provided for in this Code, may include wood, plastic or other synthetic materials, woven fabric, chain-link, or masonry elements.
8. 
The replacement of existing damaged Fencing, including the height, material, and location of original construction, shall not be prohibited by any provision within this Article.
B. 
Additional Regulations. Fencing on any Lot used for Non-Residential Uses or Multi-Family Dwellings shall further be regulated as follows:
1. 
Fencing in excess of six (6) feet may be permitted by Director after giving due consideration to the public safety, health, and welfare and the security of the Property, or as otherwise provided within this Section.
2. 
Blind Fencing for Outdoor Storage Areas or Bins, where required within this Code, may exceed six (6) feet in overall height to block and shield visibility of Outdoor Storage Areas and Bins from the adjacent Streets or properties. The materials used for Blind Fencing shall be of high durability and quality and require low maintenance. Any Fencing constructed of chain-link with slats used to screen Outdoor Storage Areas or Bins must be vinyl-coated in an earth-tone, black, or green color.
[Ord. No. 3851, 8-23-2018]
3. 
Where Fencing constructed of chain link is needed to enclose an approved outdoor recreational activity to protect participants and the public, it shall be vinyl-coated and the height of the Fencing shall not exceed ten (10) feet and, if necessary for additional protection, netting suspended beyond the height of the Fencing may be permitted by the Director.
4. 
Dumpster areas shall be enclosed with Blind Fencing, as follows.
a. 
Where dumpster areas are visible from the Street, the Blind Fencing shall be constructed of masonry elements, except for the gate which shall be constructed of wood, vinyl, or vinyl-coated chain-link with slats, and if possible oriented away from direct view from the Street.
b. 
Where dumpster areas are not visible from the Street, Blind Fencing may be constructed of non-masonry elements, including vinyl-coated chain-link Fencing with slats.
5. 
Fencing may extend beyond the Front Elevation Line of the of the Principal Building in the "IP-1" District where the Director deems it necessary for the operation of business.
C. 
Farming Exception. Fencing on any Lot used for Farming purposes may be located on or within any Lot Line.
D. 
Special Use Permit. Fencing not in compliance with this Article may be approved under a Special Use Permit.
E. 
Permit Required, When. The construction, installation, or erections, of any Fencing will require a permit to be reviewed by the Director for compliance with this Article, except for Fencing less than four (4) feet in height used to protect garden areas shall not require a permit or the normal maintenance and repair or the replacement of non-structural members (posts).