(A) Purpose. This section contains the general policies and requirements regarding the location, placement, restrictions, permitting, and fees associated with fences.
(B) Permitting and fees. All new fences and major renovations that change the height or location of an existing fence must have permits. It shall be unlawful for any person, firm, or corporation to construct a fence or modify an existing part thereof without compliance with the standards described herein and first obtaining a permit from the city. A fence permit application signed by the property owner shall include information regarding the type, height, and location of the proposed fence; agreement to maintain the landscape strip in the front yard (if applicable); and be accompanied by a filing fee to cover the cost of permit review and site inspection.
(C) General fence provisions.
(1) A fence on a corner lot shall not violate the 20-foot vision clearance triangle as specified in § 151.205.
(2) In no instance shall a fence extend beyond the property line or be constructed higher than 6 feet above the finished grade of the lot. (A lower height fence may be required as described under division (E) below.).
(3) Fencing shall be installed at least 3 feet from a utility pedestal or electrical transformer and not completely enclose them.
(4) Requirements specified under divisions (C)(1) through (C)(3) above and the specific restrictions specified under divisions (E) through (G) below are applicable to site landscaping such as hedges, trees, and shrubbery.
(5) Fencing for residential swimming pools shall comply with the barrier requirements specified in the International One- and Two-Family Dwelling Code, as administered by the Washington County Building Services Division.
(6) The use of barbed wire, electric fencing (above grade), or other types of injury causing fencing material shall be prohibited in the residential and CF Zones.
(D) Specific front and street side yard fence restrictions.
(1) A fence located in a required front yard or street side yard shall not exceed 3.5 feet in height measured from the original finished grade of the lot, except as provided in (D)(2) below.
(2) Street side yards of corner lots may have a 6-foot fence or hedge installed in the street side yard, provided the following requirements are satisfied.
(a) The street intersection for the corner lot shall be controlled by stop signs on at least 1 of the intersecting streets.
(b) A minimum clear sight distance of up to 250 feet measured from the street intersection along the side yard street shall be provided for a street with a speed limit of 25 mph. For streets with higher speed limits, the minimum clear sight distance shall be equal to 10 times the legal speed of the street.
(c) Driveway access is allowed in the street side yard on the subject property or abutting lot so long as such access is not obscured by a fence.
(E) Specific side and rear yard fence restrictions. Fences located within a required side or rear yard shall not exceed 6 feet in height as measured from the ground on either side of the fence. The fence may be located on the common lot line.
(F) Through lot fence restrictions. In the case of a through lot, the yard facing the rear of the house may be considered a rear yard for fence height purposes, provided there is no driveway access from the rear yard and the minimum clear sight distance for adjacent driveways on either side of the lot is maintained as required under division (D)(3)(b) above. See the illustration in § 151.009.
Figure 3.5-A Fence Height in Front and Street Side Yards
Figure 3.5-B Corner Lots Having Abutting Street Side Yards
Figure 3.5-C Corner Lot Having Street Side Yard Abutting Neighbor's Front Yard
(Ord . 2021- 08- 02, pass ed 10- 12- 2021)