(a) Zoning Permit Issuance Required.
(1) The installation of any fence or wall shall require the issuance of a zoning permit, unless specifically exempted from the permit requirement in this code. This zoning permit requirement shall also apply where a fence or wall will be removed and replaced.
(2) A zoning permit shall not be required for short sections of fencing or walls that do not enclose an area of land and that are designed as an architectural feature, utilized for decorative purposes, or utilized as a small privacy panel. Such sections shall not exceed ten (10) feet in length and shall not exceed six (6) feet in height.
(3) Retaining walls shall not require a zoning permit except under the following conditions, in which case the construction of the retaining wall shall be reviewed to ensure structural stability of the wall and/or street or alley, as applicable:
A. Retaining walls that are constructed within one and one-half (1.5) foot of a street or alley for each foot of height of the retaining wall; or
B. Retaining walls that will exceed six (6) feet in height.
(4) Hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences but shall be subject to the intersection visibility requirements of this code. See Section 1109.01. Additionally, no shrubbery or hedge shall be planted beyond the property lines.
(b) Nonconforming Fences and Walls.
(1) Where a nonconforming fence or wall exists, such nonconforming fence or wall may continue to exist provide it is properly maintained in good condition.
(2) The repair or maintenance of a nonconforming fence or wall shall not require a zoning permit.
(3) If a nonconforming fence or wall, or portion thereof, is removed, such fence, wall, or portion thereof, shall lose its nonconforming status and may only be replaced with a fence or wall that conforms with the provisions of this section.
(c) General Requirements.
(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to walls and vice versa.
(2) All fences and walls shall be subject to the intersection visibility requirements of Section 1109.01.
(3) All fences and walls, and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or walls on adjoining properties.
(4) A zoning permit shall be required for each property when a connection of existing fences or walls is proposed on two or more different properties. Such applications shall also include signatures of all property owners to document the agreement of such connection.
(5) Fences or walls are permitted along property lines provided only one fence is located on the lot line. Where separate fences or walls are proposed for adjacent properties, such fences and walls shall be separated by two and one-half (2.5) feet for maintenance.
(6) The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two similarly finished sides, either side may face the adjacent property.
(7) Posts, poles, or other mechanisms used to secure the fence to the ground or support the fence shall be located on the inside of the fence (i.e., located on the property of the applicant).
(8) All diagonal or supporting members shall face the property on which the fence or wall is constructed.
(9) All fences and walls shall be maintained in a neat and orderly manner. This shall include keeping fences and walls clear of vegetation and growth unless such fence or wall is being used for a living fence (e.g., ivy walls), in which case, such fence or wall shall be maintained in a manner as to prevent such vegetative growth from encroaching onto the side of the fence or wall facing a neighboring lot.
(10) Walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility company. Without such permission, fences are subject to removal without notice by utility companies or the City when work is being done in the utility easements. Fences shall not be placed in any City easement unless the plat specifically permits the placement of such fence. The City of Mount Vernon is not responsible for the determination of easements on private properties.
(11) Replacement of fences removed by the City or utility company shall be at the property owner's expense.
(12) Fences and walls shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or stormwater drainage in any zoning district. Solid fences shall be designed to have a minimum clearance of two inches above ground to allow for the natural drainage of water under the fence. Walls shall be designed to direct water to drainage channels or other outlets to eliminate the possibility of the accumulation of water behind the wall.
(13) Fences and walls for conditional uses shall comply with the standards of this section unless otherwise approved by the MPC as part of the conditional use review procedure.
(14) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or wall does not deviate from the plans as approved by the ZEO issuing the zoning permit approval, and that the fence does not encroach on another lot or existing easement. The issuance of the zoning permit and any inspection by the City shall not be construed to mean that the City has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on them herein.
(d) Materials.
(1) The followin standards shall apply to the materials of all fences and walls:
A. Materials shall be weatherproof or weather resistant.
B. All sides of a decorative wall shall have a similar finish on both sides.
C. Fences made of rope, string, fabric, netting, or similar materials are prohibited unless an approved temporary construction fence (See Section 1109.03(h).).
D. Non-decorative concrete walls or masonry walls are prohibited.
E. Chicken, hog, rabbit, mesh, or woven wire fences are prohibited unless mounted on the interior of another approved form of fencing. See Figure 1109-C.
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Figure 1109 C: Example of where wire fencing has been mounted on
the interior of an approved three-rail fence.
F. Chain link fencing is allowed.
G. Plywood, particle board, fiberglass, corrugated or galvanized sheet metal panels, and non-traditional fence materials deemed unacceptable by the ZEO shall be prohibited. This may include, but is not limited to, fences or walls made from discarded materials such as shipping crates or pallets, or of tires, stacked tires or automobile parts, or stacked building materials, salvaged doors or garage doors, or similar new or used materials.
H. Dangerous fences installed above ground such as electrified wire, barbed wire, unfinished non-durable, sharp edge, cut or broken glass, rusted or other such fences designed to inflict pain or cause injury shall be prohibited with the exception of sharp-edged fencing allowed in Paragraph I, below.
I. In the LI and GI Districts, fences may be topped with barbed wire. Such barbed wire shall only be located along the top of a fence and shall not extend below the top of the fence more than twelve (12) inches.
(e) Measurement.
(1) The maximum fence or wall height shall be measured from the lowest point within three (3) feet on either side of the fence to the top most portion of the fence between posts. See Figure 1109-D. The structure posts or finials may exceed the maximum height allowed in this section by up to six (6) inches.
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Figure 1109-D: Illustration of the measurement of the height of a fence based on the grade.
(2) Fencing or walls should follow the natural contour of the land on which it is located. See Figure 1109-E.
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Figure 1109-E: This illustrates how fencing is measured along a natural contour.
(3) A fence may be erected on top of a wall, but the combined height of the fence and wall shall not exceed the heights specified within this section for a fence or wall. Fences or walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
(f) Fences and Walls in Residential Districts. The following standards apply to fences and walls in residential districts.
(1) The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this section.
(2) The maximum height of a fence or wall in a required front yard shall be three (3) feet. The maximum height may be increased to four (4) feet if an open fence (See Figure 1109-F.) is utilized that has a minimum of fifty percent (50%) opacity. See Figure 1105-B for an illustration of the required front yard area.
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Figure 1109-F: The above image illustrates an example of an open fence.
(3) The maximum height of all other fences in in the front yard, outside of the required front yard setback, or the side or rear yard shall be six (6) feet.
(g) Fences and Walls in Nonresidential Districts. The following standards apply to fences and walls in nonresidential districts.
(1) The maximum height of a fence or wall in a front yard shall be three (3) feet.
(2) The maximum height of all other fences in a side or rear yard shall be eight (8) feet.
(h) Temporary Construction Fences.
(1) Temporary construction fencing is permitted to enclose active construction for the duration of any construction.
(2) Temporary construction fences shall be maintained in good condition and shall not require a zoning permit approval.
(3) No temporary construction fencing material shall be used for permanent fencing.
(Ord. 2024-032. Passed 7-22-24.)