(a) A permit to place a fence must be obtained from the Building Inspector at a cost of twenty-five dollars ($25.00) flat rate.
(b) Statement of Intent. The intent of this provision is to outline the regulations of fencing, screening, and landscaping which will serve to provide for orderly transitions between land uses, to protect and screen private property, to inhibit access to industrial and commercial sites, to give security and privacy to residents, to provide a physical and visual barrier, to reduce wind and modify climate, to define property lines, to identify and emphasize entrances, to create and define outdoor living space and to generally improve the aesthetic appearance of a site.
(c) No person shall erect or maintain any fence charged with electric current.
(d) No person shall erect or maintain a barbed wire fence which abuts or is adjacent to any public street or sidewalk. This subsection (d) does not prevent the placement and use of not more than three strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than seventy-two inches from the ground.
(e) Scope. This section shall apply to all residential, commercial or industrial districts. The fence regulations herein shall not apply to any permanent fence erected prior to the effective date of this chapter.
(f) Definitions.
(1) “Fence” means any structure composed of wood, iron, steel, shrubbery, hedges or other material erected in such a manner and position as to enclose or partially enclose all or any part of the premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose all or any part of any premises shall be included within the definition of the word “fence”. Structures erected other than on lot lines or in close proximity to lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises or of separating premises from adjoining premises, shall not be included within the definition of the word “fence”.
(2) “Privacy fence” means a fence made to inhibit public view and provide seclusion and, when viewed at right angles, having more than fifty percent (50%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) closed to light or air. Permitted privacy fences are:
A. “Basket weave or woven fence” means a fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket.
B. “Louver or ventilating fence” means a fence made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
(3) “Open ornamental fence” means a fence usually made of wood constructed for its beauty or decorative effect and, when viewed at right angles, having not less than fifty percent (50%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air. Permitted open ornamental fences are:
A. “Rail or split rail fence” means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.
B. “Picket fence” means an open fence made of upright pales or slats.
(4) “Chain link fence” means a fence usually made of metal consisting of loops or wire interconnected in a series of joined links.
(5) “Barbed wire fence” means a fence made with metal wire having sharp points or barbs along its length.
(6) “Stockade (palisade) fence” means a fence constructed with a row of large pointed stakes placed upright against each other having more than fifty percent (50%) of the area of its vertical plane closed to light or air.
(7) “Front yard” means the area in front of a dwelling and/or structure between the sidewalk and/or street and the structure and stretching from property line to property line on the sides.
(8) “Side yard” means the areas from the sides of a dwelling and/or structure to the property lines on each side and stretching from the front corner of the dwelling to the back corner of the dwelling.
(9) “Rear yard” means the area behind a dwelling and/or structure stretching from the back corners of the dwelling to the rear property line and stretching from side property line to side property line.
(g) Permitted Types. Fences shall be permitted in required yards as follows, but in no case shall be constructed closer than ten feet from any structure unless approved by the Building Inspector.
(1) Open ornamental fences shall be permitted in public facilities and residential zoning districts.
A. Front yards. Open ornamental fences may be erected in front yards parallel to the building line to a height not exceeding three and one half feet; provided however, that rail or split rail fences may be erected in front yards parallel to and on or approximately on the common property line but not nearer than one foot to the street right-of-way.
B. Side and rear yards. Open ornamental fences may be erected in side and rear yards parallel to and on, or approximately on, the common property line to a height of not more than six feet.
(2) Chain link fences shall be permitted in all zoning districts. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding four feet in front and side yards and six feet above the natural grade in rear yards.
(3) Privacy fences shall be permitted in all zoning districts in rear and side yards only. Such fences shall not exceed six feet in height above the natural grade.
(4) Other fences which are similar in character and design to one or more of the fences permitted herein.
(h) Restrictions. Barbed wire, stockade or electrified fences are hereby prohibited.
(i) Swimming Pools. Swimming pools located within the corporate limits of the Village shall be surrounded by a fence, not less than six feet in height and all openings, doorways and entrances into such pool area shall be equipped with gates of equal height with such fence, which gates shall be provided with latches. Above ground pools shall have side walls or a fence, or a combination of both, to be a minimum of six feet in height, and openings and entrances shall conform to below ground pool requirements. The design of any pool fence shall be approved by the Building Inspector. Pool is defined as anything 3 feet deep or greater.
(j) Maintenance. Such permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained at all times. Any such fences permitted on the property line shall be designed, constructed and finished so that the supporting members thereof shall face the property of the owner of the fence.
(k) Permit and Appeal.
(1) Any fence which may be permitted shall require the issuance of a permit prior to its erection by the Building Inspector after an application for same has been approved by him.
(2) Should the Building Inspector fail or refuse to issue a permit after proper application has been made therefor, a person may appeal the failure or refusal to the Planning and Zoning Commission which has been established under Ohio R.C. 713.01. There is hereby delegated to the Planning and Zoning Commission under Ohio R.C. 713.11 the power to permit variances after hearing in accordance with the established rules and procedures of the Planning and Zoning Commission. The power to grant variances to this chapter shall include, but not be limited to, the authority to grant variances with respect to prohibited fences under Section 521.07. The person seeking a variance and the Planning and Zoning Commission shall follow all rules and procedures currently enforced for granting variances to the application of the Village Zoning Ordinance, including no such variance shall be authorized unless a finding is made that all of the following facts and conditions exist:
A. Exceptional and extraordinary circumstances or conditions that apply to the subject property that do not apply generally to other properties in the same district or vicinity.
B. The special circumstances or conditions do not result from actions of the property owner or any of his predecessors in title.
C. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same district or vicinity.
D. The authorization of such variance shall not be materially detrimental to the public welfare or injurious to property in the district or vicinity in which the property is located.
(l) Inspection. It shall be the duty of the property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Building Inspector issuing permits, and such fence does not encroach upon another lot or parcel of land. The Village shall furnish such inspection as is deemed necessary to determine that such fence is constructed in accordance with plans submitted for permit, provided however, that the issuance of such permit by the Village shall not be construed to mean the Village has determined such fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein.
(m) Penalty. Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.
(Ord. 28-08. Passed 5-26-08.)