1262.05 FENCES AND WALLS.
A. Permit Required. No person shall erect or substantially alter a fence or wall in the City of Shaker Heights without having first obtained a building permit from the Building Department.
B. Fence Exemptions.
1. Fences and walls legally in existence at the time of adoption of this Zoning Ordinance which are not in violation of Sections 1262.05.C.3, and 1262.05.C.9, below, which do not present a safety hazard to pedestrian or vehicular traffic, and which do not prevent accessibility by emergency vehicles, may continue to be maintained and to exist, but may not be replaced if fifty percent (50%) or more of the fence or wall is either destroyed or removed and if the replacement would continue the existence of a violation of these regulations.
2. Fences required as a part of athletic facilities such as but not limited to softball diamonds or tennis courts may be permitted at heights in conformance with established recreation standards.
C. General Restrictions and Prohibitions.
1. No private fence or wall shall be erected within the public right-of-way, and the City shall have the right to require the removal of any fence on a public right-of-way at no cost to the City. All improvements made by residents shall be made on that resident’s own property, and shall be maintained by the resident.
2. Snow fences shall not be placed in front yards except as specifically permitted by the City. Such fences shall be constructed of winter neutral colors such as brown or green. Snow fences shall only be permitted during the period beginning November 1 and ending March 30.
3. No fence or wall shall be maintained or erected if it is constructed with any material which is likely to inflict bodily harm should a person or animal come in contact with the fence or wall. Materials covered by this prohibition include sharp or ragged metal spikes or spears.
4. No wall which interrupts, impedes or otherwise alters the natural flow of water shall be erected in any residential district.
5. No barbed wire or barbed wire fences shall be erected in the City.
6. Chain link fences shall be permitted provided that, if visible from the street, they are 100% screened by evergreen vegetation and are constructed of a dark, neutral-colored, nonreflective material, as approved by the Zoning Administrator.
7. All fences and walls shall be erected in conformity with the wind and stress resistance requirements of the ordinances of the City of Shaker Heights.
8. All fences shall be erected so that their finished side faces out, and the unfinished side faces the property of the person who has caused said fence to be erected.
9. All fences, walls, hedges, and landscaped screening shall be maintained in good, structurally sound repair, and in neat, clean and attractive condition.
10. With respect to fences, the rear yard shall include the side yard up to the rear building line of the principal building.
11. Construction fence. See Section 1261.06 Temporary Uses.
12. All fences other than chain link fences, when located in the front yard or when visible from the street, shall be visually softened with landscaped screening as follows:
a. The amount of landscaped screening shall be proportional to the amount of solid fencing, as described in Figure 1262.05.C, Required Landscape Screening for Fences, below.
Figure 1262.05.C Required Landscape Screening for Fences
Percent Fence Open | 100% |  |
90% | ||
80% | ||
70% | ||
60% | ||
50% | ||
40% | ||
30% | ||
20% | ||
10% | ||
0% | 50% 100% | |
Percent Fence Screened | ||
b. The amount of screening shall apply to the fullness of the landscaping material at its maturity, which shall occur a maximum of five (5) years from the time of planting.
c. The screening shall be approved by the Zoning Administrator. Masonry walls landscape screening requirements can be reduced not more than 25% depending on the context, location and design of the wall as approved by the Zoning Administrator.
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D. Height and Setback Restrictions.
1. Fences shall meet the height and setback requirements of Table 1262.05.D
2. The height of fences shall be measured from the finished grade of the ground on which it is mounted, except when mounted on an earthen mound as used for buffering, in which case the height of the berm shall be included in the height of the fence.
Table 1262.05.D. Summary of Fence Regulations
SF1 | SF2 | SF3 | TF | MF | A | O | C1 | C2 | C3 | CM | I | PR | ||
Maximum Fence Height | Front | Three (3) feet. | Four (4) feet. | Six (6) feet. | Four (4) feet. | Three (3) feet. | ||||||||
Corner side | Six (6) feet | |||||||||||||
Interior Side | Six (6) feet | Eight (8) feet | Six (6) feet | |||||||||||
Rear | Six (6) feet | Eight (8) feet | ||||||||||||
Minimum Fence Setback | Front | 2/3 setback | Setback line | 2/3 setback | ||||||||||
Corner side | Setback of the adjacent reverse corner lot. | |||||||||||||
Interior Side | Property line, provided both applicant and neighbor have ten (10) foot side yard | Property line | Property line, provided both applicant and neighbor have ten (10) foot side yard | |||||||||||
Rear | Property line | |||||||||||||
E. Special Restrictions by Location of Fence.
1. Interior Side Yards. The following shall apply to fences located in the interior side yard of all residential districts and the I Institutional District:
a. Fences shall only be permitted in interior side yards provided that the principal buildings on both the applicant’s lot and the adjacent lot maintain a side yard setback of at least ten (10) feet.
b. Fences in interior side yards shall not extend in front of the principal building setback line.
c. Fences in interior side yards may be built up to the principal building setback line for the purpose of providing a return, but only if screened pursuant to Section 1262.05.C.7 above.
2. Corner Side Yards. Fences located in corner side yards shall not extend in front of the setback line of the principal building on the adjacent lot.
Figure 1262.05.E Fences in Corner Side Yards
3. Rear Yards.
a. Fences in rear yards which exceed the height of side yard fences shall extend no further than the rear of the principal building.
b. Fences located in the rear yard of any lot in any residential districts or the I Institutional District may be increased to eight (8) feet in height if such yard abuts the MF Multiple-Family Residential District, the A Apartment District, or any Commercial district.