(A) Orientation of sides. Fences shall be constructed so that the finished side faces away from the lot on which it is constructed, and the supporting structure side shall face the interior of the fenced property.
(B) Applicability. Any fence in existence prior to July 6, 2010 and which is subsequently replaced, shall be constructed as provided in this section.
(C) Residential districts.
(1) Fences less than four feet high may be located on any part of a lot, excluding the sight triangle.
(2) Fences less than seven feet high may be erected on those parts of a lot that are as far back or farther back from a street than the main building, excluding the sight triangle.
Figure 152.033(C): Fences Cannot Be Located in Sight Triangle
(D) AG, CPD, I, O and B1 Districts.
(1) Fences less than four feet high may be located on any part of a lot, excluding the site triangle.
(2) Fences less than eight feet high may be erected on those parts of a lot that are as far back or farther back from a street than the main building, excluding the site triangle.
(E) B2, B3 and M Districts. Fences less than eight feet high may be located on any part of a lot, excluding the site triangle.
(F) General provisions.
(1) Reserved.
(2) Corner lots which have rear yards abutting each other may have fences less than seven feet high erected on that part of the lot which is at least as far back from the front of the lot as the principal building. Corner lots which have rear yards abutting each other need have only one front yard, which shall be in the front of the principal building. (Figure 152.033(F) illustrates the requirements of this division.)
Figure 152.033(F)(2): Fences in Corner Lots
(3) Corner lots which have rear yards abutting the side yard of an adjacent lot may have fences less than seven feet high erected on that part of the corner lot which is at least as far back from the street fronting the lot as the front building line, provided that one of the following additional requirements is met:
(a) The fence shall cut off at a 90-degree angle for a distance at least equal to the minimum front lot requirement for the district at that point on the rear lot line of the corner lot which intersects with the front building line of the adjacent lot, after which distance the fence may cut back at an angle of at least 90 degrees to the side lot line of the corner lot (see Figure 152.033(F)(3)(a)); or
Figure 152.033(F)(3)(a): Fence with 90-Degree Cut-off
(b) The fence shall cut off at a minimum of a 45-degree angle from that point on the rear lot line of the corner lot which intersects with the front building line of the adjacent lot, to the side lot line of the corner lot. (See Figure 152.033(F)(3)(b) in next column.)
(4) Fences shall be installed so as not to interfere or impede the flow of surface drainage.
(5) In no instance shall a fence obstruct the visibility of motorists.
Figure 152.033(F)(3)(b): Fence with 45-Degree Cut-off
(6) Temporary fences for construction sites, snow or for purposes of crowd control or security at special events must comply with sight triangle provisions (Figure 152.033(C)) but are otherwise exempt from all provisions of this DO.
(7) The use of barbed wire or electric fencing shall be prohibited in all zoning districts, except as follows:
(a) Barbed wire. Barbed wire may be used in:
1. AG - Agricultural Districts when livestock are present;
2. M - Manufacturing Districts, when five feet above grade and at the top of the fence;
3. B - Business Districts, in conjunction with special use permits for outside storage;
4. Surrounding a detention or retention area in any district; and
5. When approved by variances or comprehensive planned developments.
(b) Electric fences. Above-grade electric fences, appropriately signed with warning signs installed above grade, may be permitted in the Agricultural District when livestock are present.
(8) It is recommended that fences not be erected or installed in easements. However, if a fence is installed within an easement, the authority with easement rights shall not be responsible for the re-installation of the fence due to the authority’s exercising its easement rights.
(9) For private tennis courts, swimming pools or ballfield backstops, no fence shall exceed eight feet in height unless the fence is at least 15 feet from all property lines. In all cases, no fence shall exceed 12 feet in height, unless it is part of a public ballfield backstop, tennis court, pool or the like.
(10) Fence height shall be measured from the nearest grade of an adjacent property for fences located within ten feet of a property line. For fences set back farther than ten feet from a property line, the fence height shall be measured from the lowest elevation at the base of the fence. Ornamental post caps shall be excluded from the calculation of fence height.
(Ord. 10-3277, § 1-3.4, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 15-3505, passed 11-16-2015; Ord. 20-3625, passed 12-21-2020)