Loading...
§ 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.
   “Horizontal 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) horizontal boards that are attached to both sides by vertical 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.
   “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; Ord. 14-2024, passed 9-16-2024)
§ 1312.04 PLOT PLAN AND PERMIT REQUIRED.
   Any fence, other than living and snow fences, which may be permitted, shall, prior to its erection, require issuance of a permit by the Building Commissioner after an application for the same has been reviewed and approved. Application shall be made on a city application form and shall be accompanied by a plot plan made to scale showing property lines, the location of all existing driveways, sidewalks, fences and structures on the subject property, plus distances from all fences and structures within five feet of the property lines to the proposed fence(s). The plot plan shall show the location of the proposed fence with length, height and fence style noted. A permit fee shall be required in accordance with the fee schedule in Chapter 1449.
(Ord. 169-99, passed 9-20-1999; Ord. 160-11, passed 12-19-2011)
§ 1312.05 GENERAL REQUIREMENTS.
   (A)   Scope. This section shall include general fence requirements for all districts.
   (B)   Access Corridor. No fence shall be erected or allowed to grow in a natural state so as to create an inaccessible and/or unmaintainable area or corridor with any other principal, accessory or fence structure. Such area or corridor shall be a minimum distance of 30 inches. This shall not prohibit a fence from being adjacent to or attached to another principal, accessory or fence structure.
   (C)   Attachment to Neighboring Structure. A fence may be erected across the property line to be adjacent to or attached to a neighbor’s principal, accessory or fence structure if such notarized authorization from said adjacent property owner is submitted to the Building Commissioner with the required application for a fence permit. This notarized form must state that this authorization is a permanent agreement to become part of any change of ownership of either property owner.
   (D)   Appearance. All visible supports must face the property that is making such installation, unless the Planning Commission grants approval otherwise.
   (E)   Swimming Pool Fence. Swimming pool fences shall comply with the regulations as set forth in Chapter 1332.
   (F)   Footing Depths. All fence types shall have posts secured a minimum of 38 inches below the finished grade to the frost depth of the local area or modifications of required depth as approved by the Building Commissioner. It is recommended posts be set on a minimum six-inch concrete footing.
   (G)   Maintenance.
      (1)   Living fences shall be trimmed and maintained at all times so as not to create a private nuisance, as determined by the Building Commissioner, or interfere with pedestrian and vehicular traffic on both public and private property. Violations are subject to citations of the Property Maintenance Code Chapter 1348.
      (2)   Entering adjoining property; damage.
         (a)   No person, being the owner of any residential or commercial real property, or his or her lessee or tenant, or any person acting for or on his or her behalf, shall prohibit, prevent, hinder, obstruct or deny the right of the owner of any adjoining real property or any person acting for or on his, her, or their behalf, to reasonably enter upon such real property for the purpose of making necessary repairs and/or maintenance to such adjoining owner’s real property only when it is reasonably necessary to enter upon such real property to make such repairs and/or maintenance with prior written notice.
         (b)   Any person, being owner of any residential or commercial real property, or any person acting for or on his, her, or their behalf, who enters upon the adjoining real property of another pursuant to this section shall return such property to the condition it was in prior to such entry and shall be liable for damage caused by such entry to any person or real or personal property, including, but not limited to, trees, shrubbery, flowers, grass or other vegetation.
      (3)   All other fences shall be maintained:
         (a)   So as not to interfere with pedestrian and vehicular traffic on both public and private property; and
         (b)   In accordance with the city’s Property Maintenance Code as set forth in Chapter 1348.
      (4)   All fences shall be maintained in good repair, structurally sound, and sanitary so as not to pose a threat to public health, safety and welfare. All fences shall periodically be treated with paint stains or chemicals so as to retard deterioration.
   (H)   Access to Utilities. Fences placed on utility easements shall provide access to manholes, utility boxes, clean outs or other apparatus that may be used from time to time for maintenance of the utility.
   (I)   Obstructing Utilities. When a fence obstructs access to utilities, the owner shall be required to remove such fence at his or her expense without remuneration from the city.
   (J)   Prior Approval. Fences in drainage easements, riparian setbacks shall require prior approval of the Building Commissioner.
   (K)   Conflict with Zoning Ordinance. If the provisions of this chapter are in conflict with any other provision of the Zoning Ordinance, the provisions of this chapter shall supersede the other sections of the Zoning Ordinance.
(Ord. 169-99, passed 9-20-1999; Ord. 17-10, passed 2-1-2010; Ord. 160-11, passed 12-19-2011; Ord. 137-12, passed 9-17-2012)
§ 1312.06 FENCES IN RESIDENTIAL DISTRICTS.
   (A)   Scope. This section shall include A-l and B-3 single-family, A-2 two-family and B-1 cluster housing and B-2 multi-family districts.
   (B)   Permitted Fences. The following fences shall be permitted in residential districts:
      (1)   Living fence;
      (2)   Boundary line fence;
      (3)   Privacy fence;
      (4)   Open ornamental fence;
      (5)   Chain link fence;
      (6)   Deer fence;
      (7)   Split rail fence;
      (8)   Picket fence;
      (9)   Backyard enclosure fence;
      (10)   Patio privacy fence;
      (11)   Latticework fence;
      (12)   Shadowbox fence;
      (13)   Stone fence;
      (14)   Swimming pool fence (Refer to Chapter 1332);
      (15)   Silt fence;
      (16)   Stockade fence;
      (17)   Well fence; and
      (18)   Horizontal fence.
   (C)   Restricted Fences. The following fences shall be restricted in residential districts:
      (1)   Patio privacy fence (as defined in § 1312.03);
      (2)   Backyard enclosure fence (as defined in § 1312.03);
      (3)   Swimming pool fence, as set forth in the regulations of Chapter 1332;
      (4)   Tennis court fences. A variance shall be required from the Zoning Board of Appeals;
      (5)   Barbed wire or razor ribbon fences, as follows:
         (a)   Prohibited when the fence would abut a residential district or use; and
         (b)   Approval is required from the Planning Commission for all owners.
      (6)   Snow fences may be erected and used only in the months of customary snowfall, after which they shall be removed. No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or driving snow to accumulate on the property of another, in excess of that which would otherwise accumulate in the absence of such a fence;
      (7)   Chicken wire fences shall be prohibited;
      (8)   Electrified fences shall be prohibited, except for underground low voltage pet containment cable. Approved by the Building Commissioner;
      (9)   Dumpster enclosure fence shall be prohibited, except for multi-family dwellings;
      (10)   Solid sheets of fabric, vinyl or canvas screening materials are prohibited; and
      (11)   Pointed fences posting a hazard of impalement.
   (D)   Maximum Fence Height and Location of Fence Types.
      (1)   Rear Yard. As defined in § 1260.04 . However, a fence shall not be erected in a side yard (as defined in § 1260.04 ) that abuts a street.
         (a)   Living fences shall not exceed three feet in height for 15 feet from any public sidewalk. Otherwise they may grow to their natural height.
         (b)   Privacy and boundary line fences shall not exceed three feet in height for 15 feet from any public sidewalk. Otherwise they shall not exceed six feet from existing natural finished grade to the top of any portion of the fence. Fence posts may exceed the fence height by six inches.
         (c)   Backyard enclosure fences shall meet all of the following specifications.
            1.   The fence shall not exceed six feet in height from existing natural finished grade.
            2.   The fence encloses 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 entirety behind the established setback line for structures on that street.
               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.
         (d)   Chain link fences shall not exceed six feet from existing natural finished grade to the top portion of the fence. Fence posts may exceed the fence height by six inches.
      (2)   Side Yard. As defined in § 1260.04 . Location and height shall be as follows.
         (a)   Except for living and/or ornamental, and as permitted in division (D)(1)(c)4. Exception number 3, all other fences are prohibited in side yards. Any living side yard fence shall not exceed three feet in height for 15 feet from any public sidewalk or front property line.
         (b)   Open ornamental fences shall not exceed 36 inches in height from existing natural finish grade line.
         (c)   All other fences are prohibited in the front yard unless approval is given by a simple majority of the Planning Commission.
         (d)   The Building Commissioner may grant limited side yard height extensions up to 72 inches in an area from the rear corner of the house to the front corner for special hardships. Such exception also requires written approval from adjacent property owner.
      (3)   Front Yard. As defined in § 1260.04 .
         (a)   Living fences shall not exceed three feet in height for 15 feet from the front property line and/or any public sidewalk. Beyond 15 feet, they may grow to their natural height.
         (b)   Open ornamental fences shall not exceed 36 inches in height.
         (c)   All other fences are prohibited in the front yard unless approval is granted by a simple majority of the Planning Commission.
      (4)   Height Exception. A privacy fence may be erected in the rear yard, and shall not exceed eight feet in height from existing natural finished grade line, including posts, when such rear or side yard property line abuts a property zoned or used for nonresidential purposes. Such fence shall not exceed three feet in height for 15 feet from any public sidewalk.
(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; Ord. 38-16, passed 6-20-2016; Ord. 44-2018, passed 11-5-2018; Ord. 14-2024, passed 9-16-2024)
§ 1312.07 FENCES IN NONRESIDENTIAL DISTRICTS.
   (A)   Scope. This section shall include all Class B-5, C-1, C-2, C-3, C-4, C-5, D-1, E-1 and E-2 Districts.
   (B)   Permitted Fences. The following fences shall be permitted in nonresidential districts:
      (1)   Living fence;
      (2)   Boundary line fence;
      (3)   Privacy fence;
      (4)   Open ornamental fence;
      (5)   Chain link fence;
      (6)   Deer fence;
      (7)   Dumpster enclosure fence;
      (8)   Rail or split rail fence;
      (9)   Picket fence;
      (10)   Latticework fence;
      (11)   Shadowbox fence;
      (12)   Stone fences;
      (13)   Utility fences;
      (14)   Silt fence;
      (15)   Stockade fence;
      (16)   Well fence; or
      (17)   Horizontal fence.
   (C)   Restricted Fences. The following fences shall be restricted in nonresidential districts.
      (1)   Tennis court fences. Approval shall be required from the Planning Commission.
      (2)   Barbed wire fences shall be prohibited when the fence would abut a residential district or use, unless approval is granted by a simple majority of the Architectural Review Board.
      (3)   Snow fences may be erected and used only in the months of customary snowfall, after which they shall be removed. No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or to allow drifting snow to accumulate on the property of another in excess of that which would otherwise accumulate on the property of another in excess of that which would otherwise accumulate in the absence of such a fence.
      (4)   Chicken wire fences shall be prohibited.
      (5)   Electrified fences shall be prohibited, except for underground low voltage pet fences approved by the Building Commissioner.
      (6)   Stockade fences shall be prohibited.
      (7)   Pointed fences posting a hazard of impalement.
   (D)   Maximum Fence Height and Location.
      (1)   Rear and Side Yards. As defined in § 1260.04 .
         (a)   Living fences shall not exceed three feet in height for 15 feet from any public sidewalk. Otherwise they may grow to their natural height.
         (b)   Privacy and boundary line fences shall not exceed three feet in height for 15 feet from any public sidewalk.
         (c)   Open chain link fences may be erected in the side and rear yards that abut a public sidewalk or street with no setback requirement.
      (2)   Front Yard. As defined in § 1260.04 .
         (a)   Living fences shall not exceed three feet in height for 15 feet from the front property line and/or any public sidewalk. Beyond 15 feet, they may grow to their natural height.
         (b)   Open ornamental fences shall not exceed three feet in height from existing natural finished grade.
         (c)   All other fences are prohibited in the front yard unless approval is granted by a simple majority of the Planning Commission.
   (E)   Nonconforming Multi-Tenant Residential Uses Exempted. This section shall not apply to pre-existing, nonconforming residential dwellings in these districts. Section 1312.06 (formerly § 1460.06 (Fences in Residential Districts)) shall apply and govern.
(Ord. 169-99, passed 9-20-1999; Ord. 160-11, passed 12-19-2011; Ord. 38-16, passed 6-20-2016; Ord. 45-2018, passed 11-5-2018; Ord. 14-2024, passed 9-16-2024)
Loading...