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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.)
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.)
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.)
(a) All in-ground swimming pools shall be completely enclosed by a fence and/or house erected along the periphery of the pool at least three feet from the edge of the water.
(b) All fence openings into the pool area enclosure shall be equipped with self-closing and self-latching devices. The fence and gate shall be not less than four feet and not more than six feet in height above the ground level, commencing at grade level and extending vertically.
(c) The fence for all private residential swimming pools shall be at least three feet from all property lines. The fence and all fence openings or gates shall be constructed of not less than number nine gauge corrosion-resistant woven wire two-inch mesh material or equivalent material as approved by the Zoning Administrator. All fence posts shall be decay and corrosion-resistant. For in-ground pools, all fence posts shall be set in concrete bases.
(d) All fences shall be kept in good repair and shall be maintained in a safe condition.
(e) The finished or good side of a fence shall be placed facing out.
(f) When an above-ground pool structure three feet or higher above the grade level is used as a barrier, or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a fence which meets the requirements of division (b) of this section.
(Ord. 1487-16. Passed 3-16-16.)
Such permitted structures shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such structures and property lines shall be well maintained at all times. Any such structures shall be designed, constructed and finished so that the supporting members thereof shall face the property of the owner of the fence.
(Ord. 1487-16. Passed 3-16-16.)
Each property owner has the responsibility to determine property lines and ascertain that the fence does not deviate from the plans as approved by the Zoning Inspector issuing permits and does not encroach upon another lot or parcel of land. The municipality shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for the permit, provided however that the issuance of such permit by the municipality shall not be upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein.
(Ord. 1487-16. Passed 3-16-16.)
Fences shall be designed, erected, altered, reconstructed, moved, anchored, positioned and maintained, in whole or in part, strictly in accordance with the provisions of this chapter. To the extent that the provisions of this chapter are included in or similar to restrictive covenants contained in any deeds of record or recorded plats or approved subdivisions, or the contents of an approved zoning plan, then the contents of such restrictive covenants, approval of plats or subdivisions or plans shall control to the extent they are not in conflict with this chapter.
(Ord. 1487-16. Passed 3-16-16.)
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