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CHAPTER 1279
Fences
1279.01   Application.
1279.02   Definitions.
1279.03   Restrictions.
1279.04   Swimming pools.
1279.05   Side and rear yards.
1279.06   Maintenance.
1279.07   Permit.
1279.08   Property lines.
1279.09   Compliance required.
1279.99   Penalty.
1279.01   APPLICATION.
   This chapter shall apply to Residential Districts 1 and 2 and Historic Commercial as defined in Chapter 1270 of the Poland Village Planning and Zoning Code Appendix I, the official zoning map. This chapter shall not apply to other districts, except as specifically required herein.
(Ord. 1487-16.  Passed 3-16-16.)
1279.02   DEFINITIONS.
   For the purposes of this chapter, the terms set forth are defined as follows:
   (a)   "Barbed wire fence" means a fence made with metal wire having sharp points or barbs along its length.
   (b)   "Chain link fence" means a fence usually made of metal consisting of loops of wire inter-connected in a series of joined links.
   (c)   "Electrified fence" means all fences or structures, included in which or attached to which, is any device or object which emits or produces an electric charge, impulse or shock when the same comes into contact with any other object or any person, animal or thing, or which causes or may cause, burns to any person or animal.
   (d)   "Fence" means any structure composed of wood, metal, vinyl, masonry or other material erected in such a manner and positioned as to enclose or partially enclose any premises or any part of any premises. 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 feet 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 "fences".
   (e)   "Open ornamental fence" means a fence usually made of wood constructed for its beauty or decorative effect and, when viewed at right angle, having not less than fifty percent of the area of its vertical plane, the area within a rectangular outline enclosing all parts of the fence in its plane, open to light and air. Permitted open ornamental fences are:
      (1)    "Rail" or "split rail fence" means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.
      (2)   "Picket fence" means an open fence made of upright poles or slats.
   (f)   "Privacy fence" means a fence made to inhibit public view and provide seclusion and, when viewed at right angles, having more than fifty percent 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:
      (1)   "Basket weave" or "woven fence" means a fence made of interwoven strips or slats of flexible or semiflexible material in which the pattern has the appearance of a plaited basket.
      (2)   "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.
   (g)   "Razor wire fence" means a fence made with metal wire having a sharp edge or intermittent blades along its length.
   (h)   "Stockade" or "palisade fence" means a fence constructed with a row of large pointed stakes placed upright against each other having more than fifty percent of the area of its vertical plane closed to light or air.
(Ord. 1487-16.  Passed 3-16-16.)
1279.03   RESTRICTIONS.
   Fences shall be permitted as follows, except as otherwise provided in the Zoning Ordinance or other municipal ordinances.
   (a)   Height; Front Yard. No type of fence, as defined previously shall be erected in any front yard with a height exceeding forty-two inches.
   (b)   Height; Side or Back Yard. No fence, as defined previously shall be erected in any side or back yard with a height exceeding six feet.
   (c)   Open Ornamental Fences. Shall be permitted in Residential Districts 1 and 2 and Historic Commercial.
   (d)   Chain Link Fences. Shall be permitted in all zoning districts only in rear and side yards. Such fences may be erected parallel to and no nearer than three feet from the common property line to a height not exceeding five feet above the natural grade.
   (e)   Privacy Fences. Shall be permitted in all zoning districts only in rear yards. Such fences shall comply with the yard requirements of a permitted accessory building and shall not exceed six feet in height above the natural grade.
   (f)   No person shall erect or maintain any fence charged with electrical current.
   (g)   No person shall erect or maintain a barbed wire or razor wire fence which abuts or is adjacent to any public street or sidewalk.
   (h)   Other Fences. The Zoning Inspector may permit other fences similar in character and design to one or more of the permitted fences herein upon application.
   (i)   When two driveways abut on separate properties, no side or rear yard fencing is permitted along the driveways. When a driveway falls on the property line, any fence erected on the abutting property and adjacent to the driveway, must be a minimum of five feet from the property line.
   (j)   No fence may be erected within three feet of the common property line.
   (k)   No fence shall be erected within five feet of the street edge.
(Ord. 1487-16.  Passed 3-16-16.)
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