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(A) Residential development. A tract of land that was of record on the date of adoption of the zoning ordinance shall not be developed with individual sewage treatment or individual water supply without the approval of the Franklin County District Board of Health. Approval shall be with a finding of adequate control of water pollution and sewage disposal in accordance with the Board of Health rules and regulations.
(B) Required lot size. The size of lot or area provided for each dwelling unit shall be of a size or larger than as approved by the Board of Health, but shall be not less than the minimum lot size for the zoning district in which it is located.
('80 Code, § 1183.06) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999
Prevention of nuisance. Every structure or use subject to the provisions of this chapter shall be located, arranged and operated in accordance with the following provisions so that it will not interfere with the development and enjoyment of adjacent property.
(A) Required limits. The following limits of development and operation are provided to control hazardous, obnoxious or other nuisance activity of uses subject to the provisions of this chapter.
(1) Noise. Noise or vibration shall be so controlled that at the property line on which such noise or vibration is produced it will not be at a level above that normally perceptible from other development in the area or from the usual street traffic observed at the street right-of-way line of the lot, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard.
(2) Smoke. Smoke shall be controlled in its emission so as to be less dark in shade than that designated as No. 2 on the Ringlemann Chart published and used by the U.S. Bureau of Mines, except that emission above such level shall be permitted for a period of three minutes or less during the operation of starting or cleaning a fire.
(3) Dust. Dust or particulate matter shall be so controlled as not to produce a hazardous or obnoxious situation beyond the property lines of the lot on which such dust or particulate matter is produced.
(4) Odor or fumes. Odor or noxious fumes shall be so controlled as not to be offensive nor to create a hazard.
(5) Glare. Glare or heat from processing or other activity or lighting shall be so screened as not to be perceptible beyond the property lines of the lot on which such glare or heat is produced.
(B) Residential property management. The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the municipality.
(1) Condition of premises; waste accumulation. No person, firm, or other property owners or residents shall:
(a) Cause or permit waste, garbage, trash or any debris such as lumber and building materials, unused tires or other material to accumulate or remain on their property except as follows:
1. Trash and garbage properly located for normal and regular pickup, provided that such items shall only be permitted to remain exposed to open view for a period of 24 hours immediately preceding and 24 hours immediately after the time scheduled for garbage of trash pickup by a waste collector.
2. All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable and secure enclosure no smaller than ten cubic yards. The permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be removed from the site within ten days of issuance of the occupancy permit or within ten days of cessation of active construction work.
(b) Permit commercial vehicles or non-private passenger vehicles exceeding four to be parked or remaining in open view upon the premises of a residential neighborhood except in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction.
(c) Fail to keep the exterior of all residential and commercial premises in good condition, and well-maintained, including painting, if necessary, and such persons shall, within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions.
(d) Keep all vacant lots mowed as often as necessary in keeping with the character of the neighborhood to prevent pestilence, insect infestation, and to discourage use of the property for dumping or landfill purposes.
1. All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the municipality.
2. In those instances where such vacant property is being used contrary to municipal zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with municipal officials.
3. All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris.
(2) Corrective action by municipal officials.
(a) All violations of this section which remain uncorrected after not less than ten days' notice to the owner or resident, may be corrected by the municipality, or by any person, firm or organization selected by the municipality, and the costs thereof shall be paid by the owner of such property within 30 days. The notice required herein may be waived if immediate action is required to protect the health, safety, morals, or welfare.
(b) The property owner may pay any such charges in accordance with this chapter to the city within 30 days after the statement of costs is issued without penalty. If the fee is not paid within 30 days after the statement of charges has been mailed to the owner, the Director of Finance shall certify the charges for services to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund as provided by R.C. § 731.54. The recovery of costs by the city pursuant to this section is a remedy in addition to any other penalties that may be levied.
(c) Violations occurring on construction sites may result in the issuance of a stopwork order until the site is brought into compliance.
(d) The city may also take any other judicial actions provided by law to address violations of this section.
(C) Vacant structures.
(1) Intent. The presence of vacant structures creates an element that lowers property values, leads to deteriorating housing conditions, undermines the quality of neighborhood life, affects the public health, safety and general welfare, and can also result in human injury and criminal activities. Vacant structures occupy an inordinate amount of city administrative and ordinance enforcement resources and the prolonged presence of vacant structures is unacceptable.
(2) Securing and maintenance of structures and premises. Any structure on a premises that is designated as vacant is required to be maintained and secured so as not to be accessible to any unauthorized person. A structure or premises shall be secured through the following means, including but not limited to:
(a) Any structure found to be unsecure must be secured within 48 hours of notification.
(b) Damaged or non-secure door, window or other openings may be permitted to be boarded up only to eliminate an immediate hazard, but not to exceed 30 days.
(c) Damaged or broken doors, windows or other openings shall be repaired properly within 30 days of notification.
1. Methods of securing and/or repairing properties shall include materials typically used in other homes such as glass materials for windows, exterior grade doors in entrance and exit areas, and other materials that ensure the structure is compatible with the surrounding area and appears habitable.
2. Wood or plywood materials shall not be permitted beyond 30 days following notification.
(d) Closure and locking of all windows, doors and other openings that may allow access to the interior of a structure.
(3) Vacant buildings will be subject to the following maintenance requirements:
(a) Structure openings: Doors, windows, areaways and other openings shall be weather tight and secured against entry by birds, vermin and trespassers. Missing or broken doors, windows and other such openings shall be weather protected and tightly fitted to the opening, and timely repaired or replaced as provided in division (C)(2) of this section.
(b) Roofs: Roofs and flashings shall be sound and tight, not admit moisture or have defects, which might admit moisture, rain or roof drainage, and allow for drainage to prevent dampness or deterioration in the interior walls or interior of the structure.
(c) Drainage: The structure's storm drainage system shall be functional and installed in a manner consistent with city regulations and allow discharge in a manner consistent with city regulations.
(d) Structure: The structure shall be in good repair, not in violation of city regulations, structurally sound and free from debris, rubbish and garbage. The structure shall be sanitary. The structure shall not pose a threat to the public health and safety.
(e) Structural members: The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads.
(f) Foundation walls: The foundation walls shall be structurally sound and in a sanitary condition so as not to pose a threat to public health and safety. The walls shall be capable of supporting the load of normal use and shall be free from open cracks and breaks, free from leaks and be rodent proof.
(g) Exterior walls: The exterior walls shall be free of holes, breaks and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(h) Decorative features: The cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(i) Overhanging extensions: All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(j) Chimneys and towers: Chimneys, towers, and similar features shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(k) Walkways: Walkways shall be safe for pedestrian travel.
(l) Accessory structures: Accessory structures such as garages, sheds and fences shall be free from safety, health and fire hazards and shall comply with all regulations for vacant structures.
(m) Premises: The premises upon which the structure is located shall be clean, safe and sanitary. It shall be free from waste, rubbish, debris or excessive vegetation in compliance with city regulations and shall not pose a threat to public health and safety.
The enumeration of the foregoing requirements for vacant buildings shall not be construed as exempting or waiving other generally applicable requirements of local property maintenance, health, or building codes.
(4) Right of entry and inspections. If the owner has failed to maintain a property, the city may enter or reenter the exterior areas of the premises to conduct necessary inspections to ensure compliance with the requirements of this chapter and to determine if there are any emergency or hazardous conditions, and to abate such conditions at the owner's expense.
(5) Reuse and occupancy. No vacant structures shall be reoccupied until inspected and found to be in full compliance with all applicable city codes and a certificate of occupancy is issued by the city.
(6) Responsibility for violations. All nuisance, housing, building and related code violations will be cited and noticed to the owner of record and shall become the owner's responsibility to bring in compliance. If the owner sells or otherwise disposes of the property to another party, the new owner shall not be entitled to any extension of time to correct or address such violations as existed at the time of sale, transfer or conveyance of the property.
(7) Exemptions.
(a) A building under active construction/renovation and having a valid building permit(s) at the time of initial inspection shall be exempt from enforcement procedures until the expiration of the longest running, currently active building permit.
(b) A building that has suffered fire damage or damage caused by extreme weather conditions shall be exempt from enforcement procedures for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Code Enforcement Officer. This request shall include the names and addresses of the owner or owners, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.
(c) Any owner of a vacant building may request an exemption from the provisions of this chapter by filing a written application with the city who shall timely consider same. In determining whether a request for exemption should be granted, the city shall consider the following: the applicant's prior record as it pertains to Property Maintenance Code violations; the amount of vacant property the applicant currently has within the city; and the length of time that the building for which the exemption is sought has been vacant. The city shall approve, approve with conditions, or reject the completed application for exemption within 30 days of receiving it.
(D) Weeds.
(1) Definitions. Any word or phrase used in these guidelines, which is not defined here shall have the meaning used in the section appropriate to the context in which such word or phrase is used.
(a) GRASS. Any of a large family (Gramineae) of monocotyledonous, mostly herbaceous plants with jointed stems, slender sheathing leaves, and flowers borne in spikelet's of bracts.
(b) NOXIOUS. Physically harmful or destructive to living beings.
(c) NOXIOUS WEEDS. Any type or species that have been included on the official list of noxious plants for the state.
(d) WEED. Plant that is not valued where it is growing and tends to overgrow more desirable plants.
(2) Removal of noxious weeds and grass; duty of Code Enforcement Officer.
(a) No person, whether as owner, lessee, agent, tenant or any other person having charge or care of land in the city, shall permit noxious weeds or grass to grow thereon to a height in excess of six inches or fail to cut and destroy such noxious weeds and grass when notified by the Code Enforcement Officer.
(b) The Code Enforcement Officer shall determine when lots and lands in the city contain noxious weeds and grass which constitute a nuisance or endanger the public health, and shall see that such weeds and grass are removed or the nuisance abated.
(3) Notice to owner to cut weeds and grass.
(a) The Code Enforcement Officer shall cause written notice to be served once each growing season, March 1 through October 31 of each calendar year, upon the owners, lessees, tenants or other persons or entities having charge or care of land in the city, notifying him that noxious weeds and grass are growing on such property and that they shall be cut and destroyed within five days after service of such notice and thereafter during the growing season with sufficient frequency to prevent such noxious weeds and grass from exceeding six inches.
(b) Service of the notice may be served by certified mail, as listed in the County Auditor's tax lists at the mailing address as shown on such tax lists; ordinary mail if the certified mail is refused or unclaimed; personal service, by posting at the subject property; or by publishing such a notice once in a newspaper of general circulation in the city.
(4) Failure of owner to comply. The Code Enforcement Officer may determine that noxious weeds and grass are growing on land for which a notice has been issued pursuant to division (D)(1) of this section, which constitute a nuisance and/or endanger the public health, safety or welfare, and that the person having charge or care of the land has neglected or refused to comply with the notice. Thereupon, the Code Enforcement Officer may cause such noxious weeds and grass to be cut by use of city forces and equipment or by the hiring of private contractors.
(5) Costs. The property owner shall pay all costs associated with the cutting and removal of the noxious weeds and grass. Upon completion of the cutting and removal of the noxious weeds and grass, the Code Enforcement Officer shall determine the cost of cutting and removal, and shall cause a statement thereof to be mailed to the owner of the land.
(6) Payment of costs; unpaid costs a lien. The property owner may pay such fees as charged in accordance with this chapter to the city within 30 days after the statement of costs is issued without penalty. If the fee is not paid within 30 days after the statement of charges has been mailed to the owner, the Director of Finance shall certify the charges for services as provided in division (D)(3) of this section to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund as provided by R.C. § 731.54. The recovery of costs by the city pursuant to this section is a remedy in addition to the penalty provided in division (D)(8) of this section.
(7) Exemptions. Areas cultivated specifically as a wildflower area, vegetable garden, or undeveloped land exceeding one acre in size designated as a natural area for birds and other wildlife are exempt from the provisions of this chapter. Designated natural areas abutting residential property or city right-of-way must maintain a 100 foot buffer at a maximum six inches in height around the perimeter of the entire site.
(8) Penalty. Whoever violates any provision of divisions (D)(1) through (D)(6) or (E) of this section is guilty of a minor misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(E) Storage of residential waste and recycling containers.
(1) All residential waste and recycling containers shall be placed inside the garage of a residence or to a location at the side or rear of the residence that is shielded from the view of any adjoining property's occupants and any street by natural landscape barriers, which will maintain a 100% year round opacity within two years of planting. Any landscape barrier is subject to the review and approval of the City Manager or the Manager's designee.
(2) For properties located in the Architectural Review District, as defined by § 153.170 and illustrated in Appendix F, containers housing residential waste, yard waste, or recycling materials shall be placed inside the garage of a residence or to a location at the side or rear of the residence that is shielded from the view of any adjoining property's occupants and any street by natural landscape barriers, fence or wall so long as it maintains 100% year round opacity and is compatible with the material and color of the adjacent structure. Screening shall be provided on all sides of the storage area to a height of six inches more than the tallest waste or recycling container. A solid gate matching the screening material is permitted on one side of the structure for walls and fences to provide access to the storage area. For landscape barriers, one side is permitted to remain open so long as it does not directly face a public street or adjacent property. Residential waste and recycling container screening located within the Architectural Review District is subject to review and approval through the certificate of zoning plan approval (CZPA) process.
(F) Parking in residential districts.
(1) For purposes of this section, the following definitions shall apply.
(a) COMMERCIAL VEHICLE. Any vehicle used or designed to be used for business or commercial purposes which infringes on the character of a residential district and includes, but is not necessarily limited to: a bus, cement truck, commercial tree trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-trailer, or any other non-recreational trailer used for commercial purposes, stage bed truck, step van, tank truck, tar truck, or other commercial-type vehicle licensed by the Ohio State Bureau of Motor Vehicles as a commercial vehicle or commercial truck.
(b) PERSONAL AUTOMOBILE. Any vehicle that seats less than ten passengers, is registered as a passenger vehicle or a noncommercial truck, and used for the sole purpose of transporting resident(s) and guests(s) to and from daily activities.
(c) RECREATIONAL VEHICLE. Any motorized vehicle and/or associated nonmotorized equipment used for camping, traveling, boating, or other leisure activities including, but not limited to campers, boats, travel trailers, motor buses (more than nine passengers), motor homes, snow mobiles, wave runners, and other vehicles designed for traveling on water (motorized and non-motorized).
Trailers used for transporting this type of vehicle, or any trailers used for hauling equipment or materials, are also included within this definition.
(2) Commercial vehicles. Commercial vehicles are prohibited within residential districts, except as follows: commercial vehicles are permitted within an enclosed garage provided the garage door is no taller than nine feet in height.
(3) Recreational vehicles. A recreational vehicle may be stored on a residential property provided it is fully enclosed by a structure so that it cannot be entered upon or seen from an adjacent street.
(4) Personal automobiles. The following restrictions apply to personal automobiles.
(a) Location. No personal automobile shall be parked, stored, or allowed to remain on a lot or parcel of land that does not contain a principal structure. Personal automobiles must be parked on a hard surface and shall be prohibited within required side or rear yards and no-build/disturb zones. All personal automobiles shall be parked in a safe manner and shall not obstruct the public right-of-way.
(b) Registration. All personal automobiles shall be operable and have a valid registration and license within the most recent 12-month period. For purposes of this section, operable means capable of being started and driven from the location in question.
(c) Maintenance/condition. All inadequately maintained personal automobiles shall be removed from the residential lot. "Inadequately maintained" includes, but is not limited to broken windows or windshield, missing wheels, tires, motor or transmission, and/or malfunctioning engines, systems or parts.
(5) Exemptions.
(a) Habitation/guest occupancy. A recreational vehicle may be located on a residential lot and outside of an enclosed structure for up to 72 hours in any 30-day period, provided the owner or person in charge of the vehicle is a guest of the resident(s) of that lot. The recreational vehicle will be prohibited within the public right-of-way, any required side or rear yards and no-build/disturb zones. In no case shall the vehicle be used for overnight sleeping or living.
(b) Construction/delivery. Division (F)(2) of this section shall not apply to commercial vehicles used for conveying the necessary tools and materials to premises where labor, using such tools and materials, is to be performed during the time of parking such vehicles. Division (F)(2) of this section shall not apply during the time which commercial vehicles are being loaded or unloaded or used to deliver or hoist property or merchandise for completion of delivery, if such actions are conducted diligently and without unnecessary delay.
(G) Littering.
(1) Deposit of litter on occupied private property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles or collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property.
(2) Maintenance of litter free premises. The owner or person in control of any private property shall at all times maintain the premises free of litter; but this section shall not prohibit the storage or litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building code or other regulation, order, ordinance or statute.
(3) Vacant lots. No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. Vacant lots shall be kept free of litter at all times by the person responsible for the properly.
(4) Business establishments: receptacles. Every person owning, or managing, or having charge, control or occupancy of any real property in the city, who maintains a receptacle designated for their use shall dispose of refuse in such a way that said receptacle shall not overflow and the refuse so deposited shall not circulate freely in the environment.
(5) Receptacles: sanitary conditions. Every person owning, or managing, or having charge, control or occupancy of any real property in the city who maintain litter receptacles shall maintain such containers and receptacles in good condition. No receptacle may have ragged or sharp edges or any other defect liable to hamper or injure the person depositing or collecting the contents thereof.
(6) Unsightly premises. Every person owning, or managing, or having charge, control or occupancy of any real property in the city shall not allow any part of such property visible from the street of adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood.
(7) Abatement. All persons, firms, or corporations owning, leasing or occupying buildings, grounds, or lots are hereby required to remove rubbish, trash, weeds, or other accumulation of filth or debris which constitutes a hazard to the public health, safety and welfare, from buildings, grounds, lots, contiguous sidewalks, streets, and alleys.
(8) Enforcement. In case of failure or refusal to comply with any such notice of abatement, the work required thereby may be done at the expense of the city and the amount of money expended therefor shall be a valid claim against the owner, occupant or person in charge and a lien upon such land which may be enforced by suit in any court of competent jurisdiction. Proceedings under this division shall not relieve any party defendant from criminal prosecution or punishment for violation of any other criminal law or ordinance in force within the city.
(H) Penalty.
(1) All violations will be subject to administrative enforcement procedures outlined by administrative order of the City Manager.
(2) Any person violating any provisions of this section shall be guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to a violation of this section or any substantially equivalent state law or municipal ordinance, the offender shall be guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or any substantially equivalent state law or municipal ordinance, the offender shall be guilty of a misdemeanor of the third degree.
(3) Each day such violation is committed or permitted to continue after the initial five working days to abate shall constitute a separate offense and shall be punishable as such hereunder.
(4) Any exterior premises or structure kept in violation of the provisions of this section interferes with the health, safety, and welfare of the public, and is hereby declared to be a public nuisance. In addition to prosecution of such violations, the city may initiate and prosecute proceedings to enjoin the perpetuation of such nuisance conditions, and take such other remedial measures as permitted by law to abate the nuisance conditions and charge the costs of such proceedings or abatement measures against the property for collection in the manner of real property taxes.
('80 Code, § 1183.10) (Ord. 21-70, passed 7-13-70; Am. Ord. 14-17, passed 2-27-17; Am. Ord. 44-20, passed 11-9-20) Penalty, see § 153.999
Cross-reference:
For containment and limitation upon construction noise, see § 150.160
Service structures shall be screened in all zoning districts. For the purposes of this section, service structures shall include but not be limited to loading docks, storage tanks, dumpsters, electrical transformers, utility vaults which extend above the surface, cooling towers, roof top units and other equipment or elements providing service to a building or a site. Structures may be grouped together; however, screening height shall be based upon the tallest of the structures. Roof top mechanical units must be screened to the full height of the unit.
(A) Screening requirements. A continuous (having 100 percent opacity) planting, hedge, fence, wall of earth, which would enclose any service structure on all sides is required, unless such structure must be frequently moved, in which case screening on all but one side is required. The height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed 12 feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material or vehicular use area landscaping material, such walls or screening material, may fulfill the screening requirement for that side of the service structure if that wall or screening material is of sufficient height to meet the height requirement set out in this section. Plant material used to screen a service structure shall be an evergreen species which retains its needles throughout the year. Deciduous plant material cannot be used to fulfill this screening requirement. The height of the evergreen plant material at installation must be equal to, or greater than, two-thirds of the height of the service structure(s), and meet the height and opacity requirements within four years. No interior landscaping shall be required within an area screened for service structures.
(B) Curbs to protect screening material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regularly occurring basis, a curb to contain the placement of the container shall be provided within the screening material on these sides where there is such material. The curbing shall be at least one foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.
(Ord. 46-97, passed 5-5-97)
FENCES
The purpose of these provisions is to establish regulations controlling the use and type of fences or walls. This is for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, and the improvement of the visual environment. This includes the provision of a neat and orderly appearance consistent with the neighborhood and community character.
(Ord. 75-98, passed 3-20-00; Am. Ord. 28-09, passed 6-15-09; Am. Ord. 66-12, passed 11-5-12)
For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
FENCE - GENERAL. The word FENCE shall in general terminology mean any structure composed of wood, metal, stone, plastic, cellular vinyl, or other natural and permanent material erected and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises, or other structures supporting, or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the word FENCE. Hedges, retaining walls, or radio controlled fences, shall not be included within the definition of the word FENCE.
(A) SOLID FENCE. A fence designed to inhibit public view and provide seclusion and, when viewed at right angles, having more than 50% of its vertical surface area closed to light and air.
(1) BOARD ON BOARD or ALTERNATING BOARD ON BOARD. A fence constructed of vertical wood boards or other natural and permanent material with one-inch nominal size boards between, or upon, a frame of 2-inch nominal members and 4x4 nominal posts.
(2) LOUVER or VENTILATING FENCE. A fence made of a series of wood slats or other natural and permanent placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
(3) SOLID PICKET FENCE. A fence made up of upright one-inch by two-inch nominal wooden boards or other natural and permanent material, that abut one another, side by side with no openings. The top of the fence may be pointed or blunt.
(4) STOCKADE or PALISADE FENCE. A fence constructed with a row of large pointed stakes of wood or other natural and permanent material placed upright against each other having more than 50 percent of the area of its vertical plane closed to light or air.
(5) WALL, STONE or BRICK. A solid fence constructed of stone or brick.
(B) PARTIALLY OPEN FENCE. A fence designed to offer a vertical, but not totally blocked, visual separation. This fence is used where a low level of screening is adequate to soften the impact of the use or where partial visibility between areas is more important than a total visual screen. Partially open fences include:
(1) PICKET FENCE. A partially open fence made of upright wooden poles or slats. This fence may be an open fence if the space between the vertical boards is greater than the width of the boards.
(2) ARBOR or TRELLIS. A fence of latticework used as a screen or as a support for climbing plants.
(C) OPEN FENCE. A fence constructed for its functional, ornamental or decorative effect and, when viewed at right angles, having not less than 50 percent of its vertical surface area open to light and air. Permitted open ornamental fences are:
(1) SECURITY or INDUSTRIAL FENCE. A fence made with metal wire having sharp points, barbs, edges or other attached devices designed to discourage physical contact along its length.
(2) CHAIN LINK FENCE. A fence usually made of metal, loops of wire interconnected in a series of joined links and including vinyl, plastic-coated or painted varieties.
(3) ELECTRIFIED FENCE. All fences or structures, with a device or object that emits or produces an electric charge, impulse or shock when the same comes into contact with any other object or any person, animal or thing, or which causes or may cause burns to any person or animal. So-called wireless or radio controlled fences that utilize radio signals and control collars are excluded from this definition.
(4) SMOOTH RAIL, SPLIT RAIL, MILLED RAIL or CONTEMPORARY RAIL FENCE. A fence constructed of narrow, whole or split, wooden timbers or boards placed horizontally between upright supporting posts. Smooth rail, split rail, milled rail or contemporary rail fences may have supplemental wire fencing or mesh attached to the interior of the fence. Such wire shall be painted or coated black. For the purpose of improved containment, the opening size shall be not less than 3" X 3" and designed in a horizontal grid.
(5) WROUGHT IRON FENCE. A fence constructed of metal, including aluminum, iron or steel, pipe, tubes or bar stock and having some type of decorative features or design. Wrought iron fences shall not have pointed ends exposed but may have finials with blunt ends.
(6) RADIO CONTROLLED FENCE. The use of insulated wire (typically low voltage and located underground) to transmit a radio signal to a receiving device. Radio controlled fences are exempt from these regulations.
(7) RETAINING WALL. A wall composed of wood, stone, brick or other masonry material designed to hold back a portion of higher ground from a lower one. A retaining wall permits two elevation levels to be placed adjacent to each other with an abrupt vertical change between them.
(8) ACCENT FENCE. A fence that is used solely for ornamental purpose and does not enclose or partially enclose an area.
(Ord. 75-98, passed 3-20-00; Am. Ord. 28-09, passed 6-15-09; Am. Ord. 66-12, passed 11-5-12)
(A) Regulations - general. Except as otherwise specifically permitted herein, no fence or wall shall exceed four feet in height. Supporting members for wall and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. No fence or wall shall be constructed in any platted no-build zone, conservation/no disturb zone, floodway, floodplain or drainage easement for any parcel or subdivision which would be detrimental to the public health, safety and welfare. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening.
(1) The fence or wall shall not be permitted to encroach upon public rights-of-way or easements or no build zones, conservation/no disturb zones. The fence or wall shall not be located so as to adversely affect the vision of drivers on the public streets or from driveways intersecting public streets.
(2) The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. The height of the fence may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations.
(B) Permitted fencing. Fences shall be permitted as follows, except as otherwise specifically permitted herein.
(1) Open fences.
(a) Open or partially open, (ornamental or decorative) fences shall be permitted in all zoning districts and shall be no greater than four feet in height above the established grade, unless otherwise permitted herein. The partially open or open fence may be located only within the buildable area of the lot. These fences may be used to enclose the entire perimeter of the rear yard if the total lot area is greater than 30,000 square feet.
(b) Partially open or open accent fences shall be located within the buildable area forward of the primary structure if limited to four feet in height and designed to only partially enclose an area. These fences are permitted forward of the building line along scenic roadways but cannot exceed three feet in height and serve only an ornamental purpose. Fences within the front yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections.
(2) Solid fences. Solid fences shall be permitted in all zoning districts only in rear yards. Solid fences shall be no greater than four feet in height, unless otherwise permitted herein, and shall not be used to enclose the entire perimeter of the property. Such fences shall be located within the buildable area of the lot and only be used to enclose a deck or patio. Solid fences shall not be located within a required side and rear yard and shall be of an approved type. Brick, stone or masonry walls are permitted forward of the building line along scenic roadways but cannot exceed three feet in height. Fences within the front yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections.
(3) Chain link fences. Chain link fences shall only be permitted in commercial zoning districts. Such fences may not be placed forward of the primary structure and are restricted to side and rear yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding six feet above the established grade. Permitted chain link fences shall be painted black or shall have a black plastic or vinyl coating.
(4) Arbors; trellises. Arbors or trellises shall be permitted in all zoning districts. Arbors or trellises, which are detached from the building, may encroach on a required side yard, side yard which abuts a street and forward of the structure provided that:
(a) The maximum height is eight feet;
(b) The maximum width is five feet;
(c) The maximum depth is three feet and;
(d) The surface of the arbor or trellis shall be at least 50% open.
(C) Prohibited fencing.
(1) Electrified, barbed wire, razor wire, and stockade fences are hereby prohibited in all zoning districts. This prohibition shall not be construed to prohibit electrified and/or barbed wire fences when used in conjunction with a purely agricultural use as defined by the Ohio Revised Code.
(2) Vinyl clad, plastic or pvc (polyvinylchloride) fences are hereby prohibited in all residential districts.
(D) Other fencing. The Zoning Administrator or designee may permit other fences similar in character and design to one or more of the permitted fences herein, upon application.
('80 Code, § 1309.04) (Ord. 75-98, passed 3-20-00; Am. Ord. 18-07, passed 4-9-07; Am. Ord. 28-09, passed 6-15-09; Am. Ord. 66-12, passed 11-5-12)
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