(a) General Requirements. For the purpose of this Zoning Ordinance all fences and walls shall be considered as structures and as such shall fall under the provisions of the Village of Milan Zoning Code.
(1) No fence or wall shall be constructed or built without a zoning permit and construction of all fences and walls shall meet the provisions of the Zoning Code.
(2) No fences or wall in any district in the Village of Milan shall be electrified.
(3) Barbed wire, fences having cutting edges of any kind; non-secure type wire fences; any other materials that at the discretion of the Zoning Inspector would constitute a hazard to the safety and welfare of the general public, are prohibited in the Village except as required by law.
(4) A. All fences and walls within the area designated as the Village of Milan Historical Fence District by this section shall be built in compliance with Milan's historical architectural interest, pursuant to Schedule A attached to original Ordinance 390-10-05.
B. The Village of Milan's Historical Fence District shall be described as the portion of the Village within the following area and as depicted in Exhibit A attached to original Ordinance 390-10-05:
The District shall be described as follows:
Beginning on the centerline of East Church Street and its intersection with Elm Street, then southwesterly along the centerline of Church Street to its intersection with Huron Street;
Then northwesterly along the centerline of Huron Street to its intersection with Bank Street/Kelly Street;
Then northeasterly along the centerline of Bank Street/Kelly Street to its intersection with Edison Drive;
Then northerly along Edison Drive to its intersection with the Village limits;
Then southeasterly along the Village limits to its intersection with Elm Street;
Then southeasterly along the centerline of Elm Street, to the place of beginning.
(5) All fences and walls for permanent swimming pools shall be in accordance with Appendix B of the Village of Milan's Residential Building Code (Ohio Residential Code for One, Two and Three Family Dwellings) pertaining to same. Permanent swimming pools shall be pools with an overall water depth of twenty-four inches, utilizing a pool filter of any type, and that are in place for more than five months annually. It is strongly recommended that other pools, not considered permanent by this definition, be protected from unauthorized or accidental entry.
(b) Fences, Walls, Shrubbery and Hedges.
(1) Definition. The words "fence" and "wall" mean any structure composed of wood, metal, plastic, stone, brick or other material erected in such a manner and position as to enclose, partially enclose or divide any premises or any part of any premises. Trellises or other structures supporting, or for the purpose of supporting, vines, flowers, or other vegetation when erected in such a position as to enclose, partially enclose, or divide any premises or any part of any premises shall also be considered a fence. Hedges and shrubbery shall not be considered fences, but are regulated in subsection (d) hereof.
(2) Materials. Fences may be open and may be constructed of stone, brick, finished wood, masonry, iron, metal, synthetic look-alike products and other materials fastened to the ground and approved by the Zoning Inspector.
(3) Permit and plan. No fence or wall shall be erected in any district until a permit has been issued by the Zoning Inspector. Application for such permit shall be made in writing to the Zoning Inspector and shall be accompanied by a diagram, picture, description and plans showing the actual shape and dimension of the lot on which the fence or wall is to be constructed, the exact location, height, type of material and type of construction of such proposed fence or wall and the location of all buildings on the lot or on adjoining lots. The applicant shall be required to have the property pins visible for the Zoning Inspector's inspection.
(4) Inspection. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Zoning Inspector, and the fence does not encroach upon another lot or parcel of land. The Village shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for the permit as outlined in subsection (b)(2) hereof. However, the issuance of the permit by the Village Zoning Inspector shall not be construed to mean the Village has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein.
(5) Maintenance and repair. All fences and walls shall be properly maintained and in good repair at all times.
(c) Residential Fences. All fences constructed within a residential district and/or upon property used for residential purposes in any district shall comply with the following provisions:
(1) Solid fences and walls, where allowed, shall be constructed of stone, brick, finished wood, masonry, iron, metal, synthetic look-alike products and other materials fastened to the ground, approved by the Zoning Inspector, and shall not exceed seventy-two (72) inches in height.
(2) Supporting members for fences or walls shall be installed so they are away from any other property which adjoins or faces the fences or walls. This shall not apply to fences or walls with vertical supporting members where the fence or wall is designed to be identical in appearance from either side.
(3) All fences or walls may be erected on the property line except for fences in front yards and side yards on corner lots as described in the section.
(Ord. 833-10-22. Passed 10-5-22.)
(4) Front yard fences to building line: All fences and walls within the front yard shall not exceed a maximum level height of 48 inches from the average grade of the yard. For the purpose of this Zoning Ordinance, lots that front on two intersecting streets (corner lots) shall be required to comply with these regulations. For second front yards, six (6) foot solid fences will be permitted to the back side of the primary structure. Fences in the second side yard shall be eight (8) feet from the right of way. If the zoning inspector determines the placement of a fence as allowed by this section constitutes a safety hazard, the permit shall be denied. No fence shall encroach on the Village or State right of way. Where adjacent property lines, due to the configuration of the lots, have different provisions regulating the construction or height of fencing or walls, the more restrictive provision shall apply.
(Ord. 841-1-23. Passed 1-25-23.)
(6) All fences and walls in front yards and in side yards on corner lots must be two feet inside the sidewalk line. Where no sidewalks exist, all fences and walls in the front and public side yard of a corner lot shall be two feet inside the property line.
(7) All fences in side or rear yards, other than those described in subsection (c)(3) hereof and in this section shall not exceed a level maximum height of six feet from the average grade of the yard.
(d) Shrubbery, Hedges and Trees. No shrubbery, hedges or trees shall be planted less than two feet from the property line. It shall be the duty of the owner or occupant of realty on which there is shrubbery, hedges, or trees so located as to affect the vision of drivers on the public streets, to keep the same trimmed to a level maximum of three feet in order to avoid creating traffic hazards. Where this is not done within ten days after receiving a notice from the Village Zoning Inspector, it shall be lawful for the employees of the Village to enter upon such property and trim the shrubbery, hedges or trees at the expense of the property owner. Any fence, wall, shrub, hedge or tree found to be located upon public property may be removed by the Village at any time.
(e) Enforcement. This provision regarding fences, shrubbery, hedges and trees shall be enforced pursuant to Section 1129.05 of the Codified Ordinances of the Village of Milan.
(Ord. 833-10-22. Passed 10-5-22.)