(a) No fence over six (6) feet in height shall be erected or altered without an approved fence permit, which must clearly be displayed during construction. A fence of six (6) feet or less in height may be erected without a fence permit. Replacement of a fence is permitted without a fence permit, provided materials, height and location do not vary from existing fence and the placement is conforming to the Zoning Code.
(b) Any fence, regardless of height, shall comply with the following standards:
(1) Height.
A. A fence in the front yard shall not exceed four (4) feet in height; a fence in the side yard or rear yard shall not exceed six (6) feet in height.
B. Fences that enclose athletic fields and courts are exempt from the six (6) -foot height limit.
C. Fences within the Industrial Flex District are exempt from the six (6) foot height limit provided that they do not exceed ten (10) feet in height.
(2) Location.
A. Fences are not required to comply with setback requirements applicable to principal or accessory structures. Fences may have setbacks as minimal as zero (0) feet for all lot lines in all districts.
B. Only decorative, open fences may be erected within the front yard.
C. Fences may not be located so as to encroach upon the required sight triangle area.
D. Fences placed on utility easements shall provide access to manholes, utility boxes, cleanouts, or other apparati that may be used from time to time for maintenance of the utility. Fences placed on drainage easements shall allow for the proper flow of water.
E. Any fence constructed between the required building setback line and street public right-of- way shall not prevent or hinder access to the residence by vehicles and personnel responding to a fire, police, or medical emergency.
(3) Material.
A. No fence shall have barbed wire, concertina wire, razor wire, or any similar material, except that barbed wire is permitted on the top of chain link fences in the Industrial Flex District.
B. No fence other than an animal enclosure fence shall have an electrified portion.
(4) Swimming Pool Fences.
A. A swimming pool shall be enclosed by a four (4) foot-high or higher fence erected wholly on the lot containing the swimming pool. A gap of four (4) inches or more may not exist between the bottom of the fence and the ground surface.
B. Solid fences which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
C. Spacing between vertical members of a wood or vinyl fence shall not exceed one and seventy-five hundredths (1.75) inches in width.
D. Maximum mesh size for chain link fences shall not exceed one and seventy-five hundredths (1.75) inches square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than one and seventy-five hundredths (1.75) inches.
E. In a lattice fence, the maximum opening formed by the diagonal members shall be no more than one and seventy-five hundredths (1.75) inches.
F. Spacing between vertical members of a decorative metal fence shall be no more than four (4) inches and any gate shall have no opening greater than five-tenths (0.5) inch within eighteen (18) inches of the release mechanism.
G. Access gates to the pool shall be equipped with a lock operated by a key, or combination lock, and shall be locked when not in use. Pedestrian access gates shall open outward, away from the pool, and shall be self-closing and have a self-latching device. Where the release mechanism of a self-latching device is located less than four and five-tenths (4.5) feet from the bottom of the gate: (a) the release mechanism shall be located on the pool side of the gate at least three (3) inches below the top and (b) the gate and fence shall have no opening greater than five-tenths (0.5) inch within eighteen (18) inches of the release mechanism.
H. If the sides of a pool are forty-two (42) inches or more above the minimum adjacent grade, and the pool is equipped with a removable ladder or a ladder that folds up and locks in an upright position when the pool is not in use, or the steps or ladder is surrounded by a fence as described in this section, then additional fencing will not be required. If an aboveground pool has a fence at the top of the pool, the maximum vertical clearance between the top of the pool and the bottom of the fence shall not exceed four (4) inches.
I. A three (3) foot minimum guardrail conforming to the Residential Code of Ohio is required for any porch, balcony or raised floor surface located more than thirty (30) inches above the floor or grade below, such as elevated pool decks.
(c) Maintenance. Fences shall be maintained in good condition, be structurally sound, safe, and attractively finished at all times. Any repairs or replacement ordered by the Building Officer shall be made within thirty (30) days of the date of the order. Grounds between fences and property lines and between fences shall be well maintained at all times. Any fence shall be designed, constructed and finished so the supporting members thereof shall face the property of the owner of the fence.
(Ord. 2022-110. Passed 12-12-22.)