(a) A hedge or shrubbery may be placed or grown in any residential zoned property and shall be regulated by the regulations for a fence contained within this section. A hedge or shrubbery may also be placed or grown and maintained in a required front yard not to exceed 3 feet in height, impair pedestrian traffic or create a hazard for vehicular travel.
(b) Decorative walls no greater than 3 feet in height may be placed in any yard when used as part of the landscaping but not contained within a right-of-way, drainage easement, open channel drainage easement or access easement. Walls more than 4 feet tall measured from the bottom of the footing to the top of the wall shall be regulated by the regulations for a fence contained within this section and shall also require a building authorization. In addition to these regulations, walls cannot be within 5 feet of any right-of-way, drainage easement, open channel drainage easement or access easement.
Topography of the land or unusual circumstances may require a retaining wall that would exceed the regulations contained within this section. Before issuing a zoning certificate or a building authorization, all such retaining walls require approval by the City staff, chief building official and the City Engineer for the minimum amount of retaining wall needed to correct the topography of the land or the unusual circumstances.
(Ord. 16-2003. Passed 5-1-2003; Ord. 13-2006. Passed 6-1-2006.)
(c) The following applies to all fencing:
(1) No fence shall be erected until a zoning certificate has been issued by the City.
(2) Any fence or combination of fences which may include other structures that creates a complete enclosure shall have at least 1 gate.
(3) It is the sole responsibility of the applicant to determine all relevant property lines.
(4) The posts of a fence shall face the interior of the property.
(5) Fences shall be maintained and repaired and shall use materials consistent with those existing.
(6) No fence shall be permitted within a drainage easement, open channel drainage easement or access easement.
(7) Fencing placed adjacent to a drainage easement, open channel drainage easement or access easement shall have a minimum of 1 access gate.
(8) Fencing within legal easements:
A. Property owners who install fencing within a legal easement must recognize that the rights of the easement holder may prevail over their fee simple interest in the property.
B. Fences may be erected or placed within legal easements only as permitted by the easement holder. It is the sole responsibility of the property owner to be aware of, and to comply with, the rights, regulations and requirements of the easement holder.
C. Routine City maintenance work within easements. Where the City needs to perform construction, repair or maintenance within an easement in which a fence is located, the City shall give the property owner 30 days written notice by personal service, by first class mail, or by posting the notice on the front door of the principal structure on the affected property. Such notice shall state what portion or portions of fencing and personal property shall be removed by the owner. The owner shall, at his expense and within the allotted time, remove all fencing and personal property identified in the notice. In the event that the fence and personal property has not been removed within the allowed time, the City or its agents may, at the City's option and at any reasonable time, enter onto the property and remove the fence and personal property. The actual cost of the removal of the fence and personal property shall be invoiced to the property owner by first class mail or by personal delivery. If the property owner has not paid this invoice in full within 30 calendar days after its mailing, the City shall thereafter have the right to assess its actual cost, plus a 15% administrative charge, against the property to be paid with the real estate taxes. The City shall not be liable for any damage to property resulting from its activities reasonably related to the emergency.
D. Emergency City maintenance work within easements. Where the City needs to perform emergency construction, repair or maintenance within an easement in which a fence is located, the City shall serve written notice to the property owner by personal service or by posting the notice on the front door of the principal structure on the affected property, if time permits under the circumstances. The City may thereafter remove the interfering portions of the fence and personal property in order to address the emergency. In such an instance, the property owner shall not be responsible for any removal costs incurred by the City, but shall be responsible for any repair or replacement costs resulting from the removal. The City shall not be liable for any damage to property resulting from its activities reasonably related to the emergency.
(9) Chain link fences shall not contain webbing or any other material designed, intended or used to inhibit light, ventilation or sight.
(10) The height of all fencing shall be determined from the prevailing level of surrounding land.
(11) No fence shall be constructed or maintained so as to obstruct surface drainage.
(12) In the event that any fence is in violation of the maintenance, design or location requirements or limitations of the codified ordinances, or is in violation of any other legal standard or requirement adopted by the City, the owner of the offending fence shall be given 30 calendar days written notice by first class mail or by personal delivery to remedy the violation. In the event that the violation is not corrected within the allowed time, the City or its agents may, at the City's option and at any reasonable time, enter onto the property and correct the violation. The actual cost of such repairs shall be invoiced to the property owner by first class mail or by personal delivery. If the property owner has not paid this invoice in full within 30 calendar days after its mailing, the City shall thereafter have the right to assess its actual cost, plus a 15% administrative charge, against the property to be paid with the real estate taxes.
(d) Residential Interior Lot Fencing.
(1) Fences shall be a maximum height of 6'2" tall measuring from the ground up exclusive of mounding.
(2) Fences shall only be located in the rear yard except as otherwise permitted in this section.
(3) Interior lots that adjoin a corner lot may enclose the side yard adjoining a corner lot.
(4) No barbed or razor type wire or above ground electric fences shall be permitted.
(5) Chain link fences shall not exceed 4 feet in height measured from the ground exclusive of mounding.
(6) Through lots: Fencing in the conventional rear yard shall not be less than 40 feet from the right-of-way of the street which the primary residence does not face.
(e) Residential Corner Lot Fencing.
(1) Fences shall be a maximum height of 6'2" tall measuring from the ground up exclusive of mounding.
(2) Fences shall only be located in the side and rear yard except as otherwise permitted in this section.
(3) Fences may extend into the front yard which does not contain the main entry into the primary residence up to the required set back line for said yard but no less than 20 feet from any right-of-way.
(4) No barbed or razor type wire or above ground electric fences shall be permitted.
(5) Chain link fences shall not exceed 4 feet in height measured from the ground exclusive of mounding.
(6) On corner lots with angled houses, there shall be 2 side yards. Fences may be placed within the 2 side yards under the following conditions:
A. No fencing shall be less than 20 feet from any right-of-way.
B. No fencing shall encroach the required set back lines of adjacent properties.
(f) Fencing in Commercial and Industrial Zoning Districts.
(1) It is recognized that the fencing needs of commercial and industrial uses are so varied that any attempt to regulate them by fixed standards would work a hardship on property owners and tenants by unnecessarily obstructing or delaying the establishment and evolution of such uses. These regulations are designed to allow a more creative and efficient use of these fences while effectively regulating them in the public interest.
(2) Fencing that is permitted in residential zoning districts for residential uses shall be permitted for any residential, commercial or industrial use in any zoning district.
(3) When a land owner believes that the fencing that is permissible in residential districts is not sufficient for the needs of his particular commercial or industrial use, he may apply for a conditional commercial/industrial fence permit under either of the following procedures:
A. Standard procedure.
1. Complete the prescribed application for a commercial/industrial fence permit including submission of the required attachments, which shall at a minimum, include a scale drawing of the property showing the location of all proposed fencing and the style and dimensions of the fencing designs proposed for each differing section.
2. Submit the completed application to the City Planning Commission for comprehensive review which takes into account the uses on the property, similar to the fencing review that may be performed as part of the approval process for a planned unit development.
3. Attend a hearing before, and scheduled by, the Planning Commission to discuss all aspects of the application.
4. If the application as submitted, or as subsequently modified by the applicant before, during or after the hearing, demonstrates that the proposed fencing is in all respects essential to the use including location, height, coverage, materials and construction; is not visually or functionally incompatible with previously permitted fences on adjacent properties; and is otherwise in the overall best interest of the City, the Planning Commission may recommend to the City Council that the necessary zoning certificate and permit be issued.
5. The City Council may accept the recommendation; reject the recommendation; or by a 2/3 vote, refer the application back to the Planning Commission with its comments for further review and recommendation.
6. If the Council accepts the recommendation, the Zoning Administrator shall issue the necessary permits upon payment of the prescribed fees.
B. Expedited procedure. The City understands that time is often of the essence in commercial and industrial construction. The applicant may elect to pursue the following expedited procedure:
1. Complete the prescribed application for a commercial/industrial fence permit including submission of the required attachments, which shall at a minimum, include a scale drawing of the property showing the location of all proposed fencing and the style and dimensions of the fencing designs proposed for each differing section.
2. Submit the completed application to the City Planning Commission for comprehensive review which takes into account the uses on the property, similar to the fencing review that may be performed as part of the approval process for a planned unit development.
3. If requested by the Zoning Administrator, attend an administrative hearing to discuss all aspects of the application.
4. If the Zoning Administrator determines that the application as submitted, or as subsequently modified by the applicant before, during or after the hearing, demonstrates that the proposed fencing is in all respects essential to the use including location, height, coverage, materials and construction; is not visually or functionally incompatible with previously-permitted fences on adjacent properties; and is otherwise in the overall best interest of the City, he may approve the necessary zoning certificate and permit.
5. The expedited procedure shall not be available as an appeal of the standard procedure. However, the standard procedure shall be available as an appeal of the expedited procedure. Only one application fee shall be charged regardless of the application procedure(s) used. Any application made after a final decision by the City Council shall require a new application fee.
(g) Approval of a Commercial/Industrial Fence Permit is Conditional. All commercial/ industrial fence permits are specific to the property and land use(s) specified in the application. The City Council, upon a significant subsequent change in the land use and pursuant to a recommendation by the City Manager, may determine that a particular fence is no longer warranted by the use. If after giving the current property owner opportunity for a hearing, the Council finds that the recommendation of the City Manager is well-taken, the Zoning Administrator shall order the fence to be removed or modified to be appropriate for the current use, as determined by the Council. A fence which is not removed or modified in accord with such an order may be declared a public nuisance. Thereafter, it may be abated by the City in accord with Ohio R.C. 715.44, with the expense thereof collected from the property owner following the procedure set forth in Ohio R.C. 715.261.
(Ord. 03-2015. Passed 5-7-15.)