(a) Certificate of Zoning Approval Required.
(1) The installation of any fence or wall shall require the approval of a certificate of zoning approval, unless specifically exempted from the permit requirement in this code.
(2) Certificates of zoning approval are not required for repairs of existing fences or walls. However, such work or structures are still subject to the applicable standards of this section. The replacement of an existing fence or wall shall not require a certificate of zoning approval if the replacement is for a conforming fence or wall and where the materials and height of the fence or wall are the same as the one being replaced.
(4) A certificate of zoning approval is not required for fence or wall structures that are less than two (2) feet in height.
(5) A certificate of zoning approval shall not be required for short sections of fencing or walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed twenty-five (25) feet in length and shall comply with the vision clearance requirements of this code.
(6) 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 1113.02.
(b) 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 1113.02.
(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 certificate of zoning approval shall be required for each property when a connection of existing fences or walls is proposed on two (2) 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 (2½) 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 (2) 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 Sharonville 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 storm water drainage in any zoning district. Solid fences shall be designed to have a minimum clearance of four (4) 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 Planning Commission 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 Director of Community Development issuing the certificate of zoning approval, and that the fence does not encroach on another lot or existing easement. The issuance of the certificate of zoning approval 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.
(c) Nonconforming Fences and Walls.
(1) Where a nonconforming fence or wall is to be maintained or repaired, such nonconforming fence or wall may continue to exist. Repair or maintenance shall include any general maintenance of a fence or wall while still in place or a portion of a fence or wall may be removed temporarily for repair or maintenance work provided the same fence or wall is replaced in the same position.
(2) If fifty percent (50%) or more of the length of a nonconforming fence or wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require the issuance of a new certificate of zoning approval. Such fifty percent (50%) shall be the aggregate over the course of time, following the effective date of this code so that full, conforming replacement shall be required once fifty percent (50%) of the length has been removed, no matter if done as a whole or partially over time.
(d) Materials.
(1) The following 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 1113.06(h).).
D. Snow fencing and deer fencing are prohibited.
E. Non-decorative concrete walls or masonry walls are prohibited.
F. Chicken, hog, rabbit, mesh, or woven wire fences are prohibited unless mounted on the interior of another approved form of fencing. See Figure 1113-L.
Figure 1113-L: Example of where wire fencing has been mounted on the interior of an approved three-rail fence.
G. Chain link fencing is allowed. Slats or other materials shall not be permitted to be woven into the chain link fencing to create privacy fencing or otherwise obstruct the wires.
H. Plywood, particle board, fiberglass, corrugated or galvanized sheet metal panels, and non-traditional fence materials deemed unacceptable by the Director of Community Development 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.
I. 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 J, below.
J. In the CS, GI, and ITC 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 grade at the base of the fence or wall to the topmost portion of the fence between posts. The structure posts or finials may exceed the maximum height allowed in this section by up to six (6) inches.
(2) Fencing or walls should follow the natural contour of the land on which it is located.
(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) Where the side lot line of one residential property is also the rear lot line of another property, that portion of the fence along the side lot line that abuts the adjoining property's rear lot line, and that is installed at such property line, shall be permitted per rear yard regulations of this section.
(3) The maximum height of any chain link fence shall be four (4) feet in a side or rear yard.
(4) The maximum height of all other fences in a 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) No fence or wall shall exceed eight (8) feet in height in any rear or side yard. Such fence or wall may be built up to the minimum front yard setback line in the CS, GI, and ITC Districts.
(2) Any proposed fence shall be approved as part of the site plan review in accordance with this code.
(h) Temporary Construction Fences.
(1) Temporary constructing 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 certificate of zoning approval.
(3) No temporary construction fencing material shall be used for permanent fencing. (Ord. 2022-22. Passed 5-10-22.)