Fences and walls are permitted in a yard or along the edge of any yard provided:
(a) Fences and walls. No fence or wall in a front yard area exceeds four (4) feet in height in front of the primary structure.
(1) Fences or walls extending along any side or rear property lines must not exceed a height of six (6) feet above the grade.
(2) Shrubs and other landscape features may be higher than six (6) feet along any side, rear or front property line, but any such plantings must be well maintained, not extend into the right-of-way, and must not be hazardous or disturbing to existing or future abutting uses.
(3) All fences, walls, and barriers (collectively referred to as a fence) of any nature or description must conform to the following:
(b) Permit and Approving Authority. The erection, construction or alteration of any fence or wall requires a permit and must be approved by the Zoning Inspector for compliance with the provisions of this Code.
(1) The Community Development Director may in his/her sole discretion, determine what qualifies as fencing and/or waive the permit fee. Factors to be considered prior to waiving the permit fee include, but are not limited to:
A. The fence is designed to delineate the location of a driveway;
B. The fence is a single panel primarily designed for privacy;
C. The replacement or repair of an existing fence with one of similar size and material;
D. The fence is primarily designed to provide screening for garbage containers, recycling containers, or a rainwater collection system;
E. Any other factor deemed relevant by the Community Development Director;
F. A vegetative fence, such as arborvitae or a row of pine trees, does not require a permit.
(c) Clear Vision Triangle Area. Walls, fences, and informal plantings must be in compliance with Section 1106.09.
(d) Maintenance. Walls and fences must be maintained in good condition. Rotten, crumbled, or broken material or compound must be replaced, repaired, or removed.
(e) Orientation of Finished Side. Any solid fence must be installed so that the finished side presents (faces) the abutting property(s) and/or road right-of-way. Finished side is defined as the side without any visible supports and/or brackets.
(f) Security Fencing. Unless explicitly permitted elsewhere in this Code, barbed wire, spikes, nails, or any other sharp instrument of any kind are prohibited on top of or on the sides of any fence, except that barbed wire cradler may be placed on top of fences enclosing public utility buildings or equipment in any district. Electric fences and similar energized fences that could cause injury are prohibited, except that low voltage fences are permitted on a commercial farm that meets all of the requirements of the Ohio Right to Farm Law. This Section does not apply to underground invisible fences designed for household pets. The Planning Commission may permit barbed wire, spikes, nails, or any other sharp instrument on top of or on the sides of a fence in the I-R, and I Districts, provided the Planning Commission determines that the barbed wire, spikes, nails, or other sharp instrument is necessary for the safety and security of the site.
(g) Maximum Height. No fence or wall hereafter erected may be in excess of six (6) feet in height above the grade of the surrounding land, except that the Planning Commission may approve a height of up to eight (8) feet if the Planning Commission determines that a higher fence is necessary for the safety and security of the site based on the use of the site or any use of an adjoining site.
(h) Fence Material and Design. A fence must be constructed of a material or compound customarily manufactured for such a purpose, including, but not limited to pressure treated wood, vinyl, galvanized and/or coated chain link, or ornamental metal. The use of scrap lumber, plywood, snow fence, chicken wire, wood pallet, plastic material less than 1 ", tarp, or other unapproved material is prohibited.
(Ord. 2022-099. Passed 9-21-22.)