Any Fence constructed shall comply with the following standards:
(a) Fences shall not exceed six (6) feet in height except those which enclose athletic fields and courts or define secure areas for the storage of public property, which shall not exceed twelve (12) feet.
(b) Fences constructed in the Hines Hill Overlay District, if allowed by Chapter 1163 of the Codified Ordinances, the Planning Commission, and/or Board of Zoning Appeals, shall comply with all Development Standards, General Design Standards and Architectural Standards, and shall be built using only the materials required by Chapter 1163.
(c) Only decorative open Fences, as defined in Section 1386.01(d), of a height no greater than forty-eight (48) inches, may be erected in any area designated as a "No Build Zone."
(d) The height of a Fence shall be measured from four (4) inches above the established grade line to the highest point of the Fence, including posts and finials.
(e) No Fence erected in a residentially or commercially zoned area shall have as part of its design or construction metal prongs or spikes, or barbed wire. No Fence other than an invisible fence shall have an electrified portion as part of its design or construction. This subsection (e) does not prohibit the placement and use of barbed wire fencing for permitted agricultural uses.
(f) A Fence may be constructed along or upon common property lines and across any utility easement but may not be located within three (3) feet of a utility box, manhole, or other apparatus that may be used for maintenance of the utility. However, a gate and/or removable section of fencing may be placed within this three-(3) foot restriction if the gate or removable section provides sufficient access to the utility box, manhole, or other apparatus. When a Fence obstructs access to a utility box, manhole, or other public apparatus for maintaining utilities, the owner shall be required to remove and replace such Fence at their expense without remuneration from the Village. This section shall not prohibit the Village from removing any Fence located in a utility or drainage easement that obstructs a utility
box, manhole, or other apparatus or obstructs the proper flow of water. Fences placed on drainage easements shall allow for the proper flow of water. Fences that are being proposed to be placed on utility or drainage easements shall require prior approval from the Village Engineer or designee.
(g) Single-family and two-family Fence height shall be subject to the following:
Fence Type | Front Yard | Side Yard | Rear Yard |
Privacy | Not Permitted* | 6' | 6' |
Chain Link | Not Permitted* | 6' | 6' |
Decorative Open | 42" | 6' | 6' |
* Corner lots are permitted a Fence one-half the distance between the required building setback and the right-of-way only for the front yard, which functions as a side yard. The height of the Fence for the second front yard, which functions as a side yard, can be six feet. Village staff shall determine which front yard functions as a side yard based on the layout of the lot, address, and design of the house.
(h) Privacy and Chain Link Fences shall be prohibited in the front yards.
(i) Any Fence constructed between the required building setback line and street public right-of-way shall not encroach upon the required Sight Triangle established under Section 1386.04 or prevent or hinder access to the residence by vehicles and personnel responding to a fire, police, or medical emergency.
(j) A swimming pool constructed on any residential property, swimming club, hotel, or motel shall be enclosed by a Fence erected wholly on said premises. Applications for a Fence not wholly on the swimming pool owner's property may be approved if an adjoining property owner's Fence complies with the minimum requirements. However, if a neighbor's Fence, which makes up any portion of the swimming pool enclosure, is removed for any reason, the property owner shall be responsible for restoring the swimming pool to an enclosed state. This restoration shall be performed as soon as possible, but under no circumstances should it be longer than thirty (30) days from the removal of the neighbor’s Fence. All Fences shall conform to the following requirements:
(1) For in-ground swimming pools, the height of the Fence shall be a minimum of forty-eight (48) inches but not exceed seventy-two (72) inches.
A. The maximum vertical clearance between the grade and the bottom of the Fence shall be four (4) inches measured on the side of the Fence, which faces away from the swimming pool.
B. Spacing between vertical members of a wood or vinyl Fence shall not exceed one and three-quarter (1 3/4) inches in width.
C. Maximum mesh size for chain link Fences shall not exceed one- and three-quarter (1 3/4) inch square unless the Fence is provided with slats fastened at the top or bottom, which reduce the openings to no more than one and three-quarter (1 3/4) inches.
D. In a lattice Fence, the maximum opening formed by the diagonal members shall be no more than one and three-quarter (1 3/4) inches.
E. Spacing between vertical members of a decorative metal Fence shall be no more than four (4) inches, and any gate shall have no opening greater than a one-half (½) inch within eighteen (18) inches of the release mechanism.
F. Access gates to the swimming pool shall comply with this subsection (j)(1), shall be equipped with a lock operated by a key or combination lock, and shall be locked when not in use. Pedestrian access gates shall open outward, away from the swimming pool, be self-closing, and have a self-latching device. Where the release mechanism of a self-latching device is located less than fifty-four (54) inches from the bottom of the gate:
1. The release mechanism shall be located on the swimming pool side of the gate at least three (3) [inches] below the top and
2. The gate and Fence shall have no opening greater than a one-half inch within eighteen (18) inches of the release mechanism.
G. It must be affixed to the ground in a nature intended to be long-term or permanent.
(2) For above-ground swimming pools, fencing shall be the same as this subsection (j)(1) hereof except that if the sides of the swimming pool are forty-two (42) inches or more above the minimum adjacent grade, and the swimming pool is equipped with a removable ladder or a ladder that folds up and locks in an upright position when the swimming pool is not in use, or the steps or ladder is surrounded by a Fence as described in this subsection (j)(1), then additional fencing will not be required. If an above-ground swimming pool has a Fence at the top of the swimming pool, the maximum vertical clearance between the top of the swimming pool and the bottom of the Fence shall not exceed four (4) inches. A thirty-six (36)-inch minimum guardrail conforming to the Residential Code of Ohio is required for any porch, balcony, or raised floor surface located more than thirty (30) inches above the floor or grade below.
(k) A hot tub or spa constructed or residing on any residential property, swimming club, hotel, or motel shall be enclosed in the same manner as a swimming pool unless covered with a safety cover that complies with ASTM F 1346.
(l) Temporary Snow Fences not exceeding forty-eight (48) inches in height may be erected in non-residential districts, properties within residential districts where the plot exceeds three (3) acres, and properties immediately adjacent to commercial properties without a permit between November 15 of any year and the following March 31 to control snow drifting across sidewalks, driveways, and roadways. Snow Fences may extend beyond or be located in front of the required building setback line not more than one-half the distance between the required building setback line and the corresponding street public right-of-way. Snow Fences shall not be erected or located that would:
(1) Hinder access to the residence by vehicles and personnel responding to a fire, police, or medical emergency; or
(2) Cause snow to accumulate in a manner that would encroach upon or block any public right-of-way, hinder the proper operation of Village snow removal equipment, or block access to or cause damage to adjacent properties.
(m) Fences shall be maintained in good condition and shall be structurally sound, safe, and attractively finished at all times. All fencing, regardless of the type or what zoning district it is located in, shall have the finished side facing adjacent properties and or the right-of-way. Any repairs or replacements ordered by the Village shall be made within thirty (30) days of the date of the order. Grounds between Fences and property lines and between Fences shall be well maintained at all times. Any Fence shall be designed, constructed, and finished so the supporting members thereof shall face the property of the Fence's owner. If a Fence does not meet these standards, the property owner with the Fence shall be subject to the penalty in Section 1386.99.
(Ord. 2022-12-18. Passed 12-13-22.)