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(A) It shall be unlawful except as herein provided for any person or association to construct or maintain any fence separating properties at a height greater than six feet, six inches from the natural level of the ground, provided this height limitation shall apply to open or woven wire or chain link fences as erected by a park board, recreation commission, any church, school, or other institutional authority, or any business within the county. All panel fences should be installed with the good or decorative side facing out.
(B) All fences of any nature may not encroach upon any public easement or right-of-way, nor obstruct vision for viewing traffic as a matter of ingress or egress.
(C) Any person or association desiring to erect a fence higher than the limit as set forth in divisions (A) and (B) above may petition the Board of Zoning Appeals for a variance to permit a higher fence. The petition shall be presented the same as all petitions for variances before the county Board of Zoning Appeals.
(D) (1) All swimming pools below the surface of the surrounding land shall be completely enclosed by a fence. The fence may not be less than four feet in height and must be equipped with a gate at all points of entry unless entry is directly from the main or accessory structure. All gates and doors shall be equipped with self-closing, self-latching devices.
(2) All outdoor swimming pools above the surface of the surrounding land, if not surrounded by a fence, as provided in divisions (A) and (B), shall be built where access to the pool may be had only by a ladder that can be removed or raised and locked in place, and the wall of the pool and any fence surrounding the platform around the pool must together be at least five feet in height.
(`88 Code, § 8-300) (Ord. 2001-03, passed 2-13-01) Penalty, see § 10.99