§ 1312.03 DEFINITIONS.
   As used in this chapter, the following words and terms shall have the following meanings.
   “Backyard enclosure fence.” A fence that meets all of the following specifications:
      (1)   The fence does not exceed six feet in height from existing finished natural grade line;
      (2)   The fence enclosed part of or the entire rear yard of the subject property;
      (3)   Although not mandatory, the fence may follow property boundaries (i.e., lot lines) of the rear yard;
      (4)   The entire fence is erected to the rear of the wall line of the residence:
         (a)   Exception number 1: if the subject property is a corner lot, then, in addition to the fence being erected to the rear of the rear wall line of the primary setback, the fence shall also be erected entirely behind the line established for the secondary setback;
         (b)   Exception number 2: if the subject property’s rear yard fronts on another street, the fence erected shall also be erected entirely behind the established setback line for structures on that street; and
         (c)   Exception number 3: where a residence is equipped with a side door, the fence may be extended into a side yard for a maximum of three feet closer to the street than the side door.
      (5)   The fence shall contain a gate that is at least three feet wide and is located so as to provide reasonable and easy access to safety forces.
   “Barbed wire fence.” A fence, or portion of a fence, made with two or more wires twisted together with sharp hooks or points (or a single wire furnished with barbs).
   “Boundary line fence.” A fence erected along the boundary line of any lot, which encloses or partially encloses a parcel of property.
   “Chain link fence.” A fence, usually made of heavy steel wire fabric (usually coated with zinc, or the like) which is interwoven in such a way as to provide a continuous mesh without ties or knots, except at the salvage; the wire fabric is held in place by metal posts. Vinyl slates woven into the wire mesh is permitted providing colors are not obtrusive.
   “Chicken wire fence.” A fence constructed of light-weight, galvanized wire netting having a hexagonal mesh.
   “Deer fence.” A temporary or permanent-type, non-electric fence to modify deer behavior in cultivated garden areas or orchards of rear yards. A “deer fence” shall be constructed in accordance with the types and designs as recommended by the Ohio Division of Wildlife for such purposes and approved by the Building Commissioner.
   “Dumpster enclosure fence.” A privacy fence consisting of materials constructed to inhibit light, ventilation and sight through said fence. Such enclosure shall include a double gate for purposes of vehicle access, in addition to a separate employee access area. Such design shall be acceptable to the Building Commissioner.
   “Fence.” Any artificially constructed barrier of any material or combination of materials, living or otherwise, erected to enclose, screen or divide areas of land, yards or gardens.
   “Latticework fence.” A fence constructed of reticulated or net-like work formed by the crossing of laths or narrow, thin strips of wood or iron, in a diagonal pattern.
   “Living fence.” A natural plant species which has been planted to form a continuous barrier to prevent passage or for protection.
   “Open ornamental fence.” A fence, with a maximum height of 36 inches (such as a rail, split rail or white picket fence), that is constructed for its beauty or decorative effect and, when viewed at right angles, has not less than 50% of the surface area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air. However, an ornamental fence shall not surround a front yard, either partially or in its entirety.
   “Patio privacy fence.” A fence that meets all of the following specifications:
      (1)   The fence is used to enclose a patio, deck, hot tub or pool;
      (2)   The fence has a maximum height of six feet from the existing finished grade line or finished deck;
      (3)   No part of the fence shall be more than three feet from any boundary line of the patio;
      (4)   The fence shall be erected entirely behind the rear wall line of the residence;
      (5)   No part of the fence shall be within ten feet of any side yard line of the residence; and
      (6)   No solid sheets of fabric, vinyl, or canvas solid screening materials are permitted.
   “Picket fence.” A fence, with pickets that have points at the center of the top of the picket. The maximum size of each picket shall be seven-eighths inches thick by three and one- half inches wide by 36 inches high above existing natural finished grade line. Minimum picket spacing shall be equal to the picket width. The rails shall be a maximum of one and one-half inches thick by three and one-half inches wide. Posts shall be a maximum of four inches thick by four inches wide by 34 inches high.
   “Privacy fence.” A fence structure, or any part thereof, consisting of materials constructed to inhibit light, ventilation and sight through said fence. This definition shall not include a “living fence”.
   “Private nuisance.” That which destroys or deteriorates the property of an individual or of a few persons or interferes with their lawful use or enjoyment thereof and producing such material annoyance, inconvenience and discomfort that law will presume resulting damage and/or that which annoys and disturbs one in possession of his or her property, rendering its ordinary use or occupation physically uncomfortable to the person.
   “Rail fence.” A fence in which the rails are set into the posts and adjoining rails either butt against each other or overlap. Maximum rail height shall be 36 inches above existing natural finished grade.
   “Shadowbox fence.” A fence constructed of three-quarter inch thick by a maximum five and one-half inches wide by a maximum of six feet high (from existing finished grade) vertical boards that are attached to both sides by horizontal rails. Minimum board spacing shall be equal to the board width on both sides of the horizontal rails. The rails shall be a maximum one and one-half inches thick by three and one-half inches wide. Posts shall be a maximum of four inches thick by four inches wide. (This fence is also known as board-on-board).
   “Silt fence.” A fence used to control sediment during construction. Installed to be in compliance with EPA regulations.
   “Similar fences.” The Building Commissioner, Planning Commissioner may permit other fences, which are similar in character and design to one or more of the fences permitted by this chapter.
   “Snow fence.” A temporary fence (seasonal) which has slats less than four inches in width, wired together and set perpendicular to the direction of the prevailing winds to catch drifting snow, or thin preformed plastic or vinyl mesh material secured to metal posts.
   “Split rail fence.” A fence with a maximum of two horizontal rails, with a maximum size of three inches by three inches, that are set into posts that are a maximum of five inches by five inches. Maximum rail height shall be 36 inches above existing natural finished grade line.
   “Stockade fence.” A solid fence of half-rounded boards pointed at the top.
   “Stockade fence.” A fence used primarily for security and privacy, made of cedar or pine wood vertical members with no spaces between. The vertical framing is usually one inch by four inches nominal size with a decorative top. The rails and posts are similar to picket fence (for definition - see above).
   “Stone fence.” A solid stone, brick, or masonry fence used for screening, privacy or retaining a change in grade. A solid “stone fence” must be designed and drawings submitted to the Building Commissioner for review and approval. Maximum height of 36 inches above existing natural finished grade line. Minimum width of wall to be 12 inches.
   “Swimming pool fence.” See Chapter 1332.
   “Utility fence.” Commercial fence enclosing athletic fields, tennis courts, basketball courts, public pools or the like of an unspecified height above existing grade. Drawings must be approved by the Building Commissioner.
   “Well fence.” A fence regulated by the state to enclose an oil or gas well. Subject to landscaping approved by the Planning Commission.
(Ord. 169-99, passed 9-20-1999; Ord. 199-99, passed 11-15-1999; Ord. 160-11, passed 12-19-2011; Ord. 137-12, passed 9-17-2012)