(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) FRONT OF HOUSE. Space between the Structure and address Street extending to side property lines.
(2) OPEN FENCE. A Fence that permits 25% or greater visibility.
(3) SOLID WALL. A Fence that permits less than 75% visibility.
(B) General provisions.
(1) All Fences shall require a Building permit.
(2) No Fences shall be permitted on public rights-of-way.
(3) Fencing around swimming pools is covered by § 157.090(K).
(4) Fencing on non-residential property required for Screening Exterior Storage may exceed the limitations herein but only by Conditional Use permit.
(5) Unless otherwise agreed to in writing by adjacent property Owners, all Fence maintenance is the sole responsibility of the property Owner who constructed same and their successors, heirs, and assigns.
(C) Location of fencing.
(1) Fences may be placed along property lines provided no physical damage of any kind results to abutting property.
(2) Any Fence built on a property line requires written agreement by the adjoining property Owners affected.
(3) Any Fence built near but not on the property line will require that the Owner leave a reasonable space (three feet or more) between the Fence and the property line to allow for the maintenance of the Fence and the cutting of weeds on the adjoining property Owner’s side of the Fence.
(4) Solid walls are prohibited in the front of the house of a Lot on residential property.
(5) Should the rear Lot line of a Lot be common with the side Lot line of an abutting Lot, that portion of the rear Lot line equal to the required front of the house of the abutting Lot shall not be Fenced to a height of more than four feet.
(6) On any Corner Lot, no Fence shall be constructed in such a manner as to impede vision within 15 feet of intersection Street right- of-way lines.
(7) Where the property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the property line.
(D) Height.
(1) No Fence in the front of the house of a residential Lot may exceed four (4) feet in height.
(2) No Fence shall exceed six feet on residential property and eight feet on Commercial or industrial property.
(E) Fences- Non-Conforming Uses.
(1) All Fences defined in the Zoning Ordinance shall be considered as Structures for the purposes of application to the Zoning Ordinances relating to Non-Conforming Uses, Buildings, and Structure.
(F) Fencing Materials and Maintenance.
(1) Fencing on and around property and Structures shall be maintained in a working state of maintenance and repair.
(2) Fences shall be maintained in proper vertical alignment without significant leaning or falling down. Any breaks, holes, or loose members shall be repaired, paint shall be substantially free of peeling or flaking, wood shall be substantially free of rot, metal components shall be substantially free of rust, corrosion, or decay, and stone, masonry or other materials shall be substantially free of cracks, crumbling, spalling, or decay.
(3) Fences shall be constructed of decay-resistant wood, metal, brick, stone, masonry, or other permanent materials designed for fencing. No barbed wire, razor wire, spiked, electrified or any other Fence deemed hazardous to health, safety, and welfare of the public shall be allowed.
(4) Fences made of plastic netting, chicken wire, hardware cloth/wire mesh, silt fabric, plastic sheeting or similar non-permanent materials shall not be permitted.
(5) Fences built around gardens or plantings for the purpose of excluding birds, rabbits, deer, or other animals shall be excluded from the requirements of subpart (d) of this Section.