A. Definition.
As used in this chapter, "a fence, wall or a hedge" means a structure or a continuous barrier erected around or by the side of any open space to prevent passage or for protection. A fence or wall may be solid or open and may be constructed of masonry, metal, wood or any other material securely fastened to the ground. A hedge or other natural plant species which has been planted to form a continuous barrier to prevent passage or for protection shall be considered a fence for the purpose of this chapter.
B. Commercial and Industrial Fences.
Wherever in these Codified Ordinances commercial or industrial fences are required, or when such fences are voluntarily installed, the following requirements shall be observed:
1. Such fences may be topped with barbed wire placed on a forty-five (45) degree angle-arm away from the side of the fence that fronts a property line, public sidewalk or public right-of-way. A V-type arm carrying barbed wire shall be prohibited along a public sidewalk or public right-of-way.
2. Fences enclosing junk yards, as defined in Section 1125.45, shall be a barrier of at least six (6) feet in height, constructed of nontransparent material and maintained to obscure junk and all items from ordinary view of passersby upon State, County, Municipal and Township highways, roads and streets. The fence shall be properly constructed in a workmanlike manner and maintained in good order and repair. No advertising shall be permitted on such fence, other than the name of the person under whose name the facility is operated and the nature of the business conducted therein.
3. No fence shall be entirely constructed of barbed wire, be in any way electrified or be topped with broken glass, spikes or other sharp-edged materials.
4. No fence, gates, doors and other obstructions shall swing across public sidewalks or a public right-of-way.
5. Fences placed around public buildings, parks and playgrounds shall be exempt from the above fence requirements, except that no barbed wire is permitted and that, where a chain link fence is used, the upper remaining link shall be made smooth so as not to cause injury.
6. All fences shall be erected to withstand the wind load as specified in the Ohio Basic Building Code, shall be placed perpendicular to the ground and shall be substantially and properly supported according to standard practice.
7. Commercial and industrial fences shall not exceed eight (8) feet in height.
a. Exception 1. A fence used for equipment security or protection may exceed eight (8) feet in height when approved in advance by the Building Inspector.
b. Exception 2. A fence located in a required front yard shall be not more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area. The open space so formed shall be evenly distributed (ie: chain link; picket with 2" board, 2" opening; etc.) (Ord. 98-176. Passed 8-3-98.)
C. All Other Fences.
1. A front yard fence is a fence which is located within the required front yard. A front yard fence shall be no more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area. The open space so formed shall be evenly distributed (i.e.: chain link; picket with 2" board, 2" opening; etc.).
a. Exception 1. Fences formed of a natural plant species may be compact throughout.
b. Exception 2. If the main dwelling on the property in question or the property on either side of it extends into the required front yard, any fence which is located within the greatest distance from the public right of way to the foundation of the main dwelling on the property in question or on the property on either side of it shall be no more than four (4) in height and shall be open for at least fifty percent (50%) of its projected area.
2. Side yard and rear yard fences shall not be higher than six (6) feet.
Exception: A fence erected on a corner lot in either a side yard or a rear yard that abuts the front yard of any adjacent property shall be no more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area.
(Ord. 99-81. Passed 5-3-99.)
3. A fence along or near a front property line shall be a minimum of six (6) inches from the property line or shall be a minimum of eighteen (18) inches from any public sidewalk, whichever is greater.
4. Fencing shall not be topped with sharp points such as may result in bodily injury and no fencing shall be of barbed wire. If a natural plant species is used as a fence and the plant species used has briars, prickers, thorns or any other foliage which can scratch, injure or harm a person or animal, the owner of such natural plant species used as a fence shall keep it trimmed.
5. Retaining walls which measure more than three (3) feet above the lowest grade level they are proposed to serve shall be protected by a fence not less than four (4) feet high, except that such fence need not be more than three (3) feet high when the retaining wall extends beyond the building line.
6. All fences shall be erected to withstand the wind load as specified in the Ohio Basic Building Code, shall be placed perpendicular to the ground and shall be substantially and properly supported according to standard practice.
7. The height of fences shall be measured from a point not to exceed four (4) inches above the finished grade line or natural contour of the ground. Fences shall follow the contour of the ground as far as is practical.
8. Where solid fences are erected and where a water drainage situation occurs, such problem shall be disposed of by placing adequate outlets at the bottom of the fence to eliminate possible accumulation of stagnant water and other undesirable conditions.
9. Fence gates, doors and other obstructions shall not swing across public sidewalks or a public right-of-way.
D. Advertising.
No advertising or posting of bills shall be allowed on any fence.
E. Permits; Fees.
A permit shall be obtained from the Building Inspector before erecting, constructing, altering, installing or repairing any fence. Before such permit is issued, the applicant shall pay the appropriate fee as provided in Section 109.13 of the Administrative Code.
(Ord. 98-176. Passed 8-3-98.)