(A) Permitted fence types. The following types of fences shall be permitted in the zoning districts of the town, subject to the regulations herein:
(1) Masonry walls;
(2) Ornamental iron fences (at least 80% open);
(3) Woven wire (at least 80% open) or chainlink;
(4) Wood or other materials (at least 50% open);
(5) Solid fences, wood, or other materials (less than 50% open); and
(6) Hedges.
(B) Measuring.
(1) All fences and/or wall heights shall be measured along the fence or wall locations.
(2) All locations for distance measurements shall be measured from lot lines.
(C) Fences in utility easements. Fences shall be permitted in utility easements pursuant to § 156.071.
(D) Fences in residential districts.
(1) Residential uses; front yards.
(a) The following types of decorative fences shall be permitted in front yards:
1. Wrought iron;
2. Wood split rail;
3. Wood or vinyl picket;
4. Masonry or stucco wall; and
5. Live continuous dense hedge of a non-noxious nature.
(b) Fences, walls, or like structural barriers located in a front yard shall be limited to a maximum height of four feet (48 inches), except for live continuous dense hedges which shall be limited to a maximum height of three feet (36 inches).
(c) Fence posts or support framework may exceed these height limitations by three inches.
(d) Fences in front yards of corner lots shall comply with § 156.072. For corner lots, any yard adjacent to a street shall be considered a front yard. Solid fences that do not exceed six feet in height may be erected on corner lots provided they are constructed behind the building setback line and comply with § 156.072.
(2) Residential uses; side and rear yards. The following types of fences shall be permitted in the rear and side yards of residential uses in residential districts, provided they do not exceed the maximum height prescribed by the following table.
Fences and Walls Accessory to Residential Uses | |
Permitted Fence Type | Maximum Height |
Fences and Walls Accessory to Residential Uses | |
Permitted Fence Type | Maximum Height |
Hedges | Any height |
Masonry walls | 4 ft. |
Ornamental iron (at least 80% open) | 4 ft. |
Solid fences, wood, or other materials (less than 50% open) | 6 ft. |
Wood or other materials (at least 50% open) | 4 ft. |
Woven wire (at least 80% open) or chainlink | 4 ft. |
(3) Nonresidential uses.
(a) Fences permitted in front yards. Only 80% open fences such as ornamental iron, woven wire, or chainlink are permitted in the front yard of a nonresidential use in a residential zone. Such fences shall not exceed a height of six feet. For a corner or double frontage lot, any yard adjacent to a street shall be considered a front yard.
(b) Fences permitted in side and rear yards. All fences listed in division (A) above are permitted in the side and rear yards of nonresidential uses in residential districts. Such fences shall not exceed a height of six feet, except as provided for below.
(c) Exceptions. Fences in recreational areas located in residential districts may be erected to a height up to eight feet, although fences used to enclose tennis courts or used as backstops for ball fields may reach a maximum height sufficient to assure the safety of adjacent property uses.
(E) Fences in commercial and industrial districts.
(1) Commercial districts. All fences listed in division (A) above shall be permitted in commercial districts (primary and secondary). However, fences within the required vision clearance triangle (see § 156.072) must be at least 80% open. Fences in the commercial districts shall not be higher than six feet in the side and rear yards and no higher than four feet in the front yard. For a corner or double frontage lot, any yard adjacent to a street shall be considered a front yard.
(2) Industrial District. All fences listed in division (A) above shall be permitted in the I District. Such fences shall not exceed seven feet in the side and rear yards and four feet in the front yard. However, fences in the front yard may be extended to six feet in height if they are at least 80% open.
(F) Barbed wire and sharp pointed fences. In all zones, no barbed wire or sharp points shall be placed at any position on a fence that is less than five feet above the ground-level.
(G) Fences on retaining walls. Combinations of retaining walls and fences shall be permitted. The retaining wall portion may be erected up to the level of the higher finished grade. The fence portion must be of the type and height permitted within this section for its respective zone. Said measurement shall be made at and along the location of the fence and retaining wall.
(H) Structural elements of fences. Fences shall be constructed so that all structural members shall be located on the inside of the fence. The inside shall be the side that faces the property where the fence is being built.
(I) Safety fencing. The Zoning Administrator may require safety fencing for all construction sites that present an immediate danger to the public health, safety, and welfare.
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999