08-2021 - Amend Sec. 103.02 and Chapter 1153 Fences

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AA (3) No fence shall exceed ninety-six (96) inches above grade. (d) A fence in front of the building line and parallel to the public right-of-way maybe deemed a decorative fence, and is permitted, provided that: (1) The fence shall be less than or equal to forty-two (42) inches above grade; a pole less than or equal to ninety-six (96) inches above grade may be included in such fence where such pole is used for lighting, address or a combination of both; (2) Total length of the fence shall not exceed fifty-five percent (55%) of the foundation wall fronting the public right-of-way; (3) No portion of the fence shall be situated further than eight (8) feet from any part of the structure, excluding entry stairs and landings; no portion of the fence shall be less than ten (10) feet from the public right-of-way; (4) Only wooden fences known as picket, slat, and split -rail shall be permitted as decorative fences; (5) No gate shall be included in the fence. (6) The Architectural Board of Review (ABR) is hereby authorized to grant approvals to this subsection (d), Chapters 1171 and 1173 notwithstanding, where it finds that strict enforcement would be contrary to the intent and purpose of this subsection. A. The ABR is hereby authorized to approve any fence design depicted in the most recent edition of the American Institute of Architects' `Architectural Graphic Standards" that it deems decorative. B. In its decisions, the ABR shall consider the development of adjacent, contiguous, and neighboring buildings and properties in order to achieve the purposes of the ABR, as set forth in Chapter 1325. (e) Fences and living fences on or immediately adjacent to a property line shall not be included in the calculation of total principal or accessory structure lot coverage. (f) Fences shall display a finished face toward adjacent streets and properties. (g) Barbed wire and/or razor fences: (1) Are prohibited in residential and commercial zoning districts; (2) Are permitted in industrial zoning districts provided that such fences shall be of chain link construction topped with barb arms with no more than three (3) strands of barbed wire; said arms to be no less than seventy-two (72) inches and no more than ninety-six (96) inches above grade. (h) Fences enclosing swimming pools shall be permitted, pursuant to Section 1722.08. (i) A fence shall be placed entirely within the property line of its respective parcel. 0) A security fence as regulated by Section 1159.05(i)(1). (k) Planned Development pursuant to Section 1156.05(k). Is hereby repealed. Section 2. New Chapter 1153 of the Codified Ordinances is hereby enacted to read as follows: 1153.01 DEFINITIONS. (a) FENCE means an unroofed structure, including a living fence, erected in such a manner and in such a location as to enclose, secure, partially enclose or secure, provide privacy for, decorate, define, or enhance all or any part of a lot. (b) LIVING FENCE means a grouping of plants including, but not limited to, hedges, shrubs, bushes, or trees, arranged and/or growing in such a manner as to enclose, secure, partially enclose or secure, provide privacy for, decorate, define, or enhance all or any part of a lot. (c) YARD, CORNER SIDE means a yard, occurring on a corner lot, which is adjacent to a public or private street, extending from the front foundation wall of the building on the side facing the street to which it is addressed, to the rear lot line as determined by the Building Commissioner, and extending from the side foundation wall to the public or private right-of-way. 1153.02 PERMIT REQUIRED.