All fences and walls shall be in conformance with the following provisions, except as otherwise required for screening under the provisions of this chapter.
HISTORY: (Formerly § 154.179(K))
(A) Definitions. For the purpose of this section, the following words and phrases shall have the following meanings ascribed to them respectively:
(1) Corner side yard. On a corner lot, the area between the principal building and the side lot line which abuts a public street, extending from the front line of the building to the rear line of the building, is considered to be the corner side yard.
(2) Fence. A barrier erected to enclose, screen or separate any premises or part of any premises from adjoining premises. For the purposes of this section, walls, hedges, shrubbery or other natural vegetation, and trellises or other similar structures when installed in such a manner shall be included within this definition.
(3) Fence height. The vertical distance from the lowest adjoining finished grade, either natural or filled, to the topmost portion of the fence. Fence posts or ornamental projections may exceed the maximum permitted fence height by up to six (6) inches.
(4) Ornamental fence. A fence which is more than fifty percent (50%) open that is intended to decorate, accent, or frame a feature of the landscape primarily for aesthetic appeal, and does not serve the purpose of enclosing, screening, or separating premises or part of any premises from adjoining premises.
(5) Required front yards. The minimum area of open space extending along the full frontage of a lot measured from the street right-of-way line to the closest permitted point of a building or structure, as required within each zoning district. This area is also referred to as the required building setback. ('70 Code § 1319.01; amend. Ord. 2170, passed 12-11-79; amend. Ord. 2890, passed 2-9-93)
(B) Classification of Fences. Fences are classified as follows for the purposes of this section:
Class 1: Masonry walls.
Class 2: Iron, wood pickets and wood split rail (more than 50% open).
Class 3: Wood or other materials (more than 80% open).
Class 4: Wood or other materials (less than 80% open).
Class 5: Woven wire, excluding chicken wire (more than 80% open).
Class 6: Barbed wire or sharp-pointed fences.
Class 7: Hedges, shrubbery, or similar natural vegetation. (Ord. 2890, passed 2-9-93; amend. Ord. 2952, passed 9-27-94)
(C) Permit, Plan and Inspection.
(1) In any district, no fence shall be installed unless and until a permit for that purpose shall have been issued by the Building Inspection Division. Application for such permit shall be made in writing and shall be accompanied by plans or drawings showing the actual shape and dimension of the lot on which the fence is to be installed; the exact location, height, type of material and length of the proposed fence; and the location of all buildings on the lot. The permit fees for fence permits shall be as set forth in Section 37.27 of Chapter 37, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton.
(2) It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Building Inspector and the fence does not encroach on another lot or parcel of land. The city shall conduct an inspection to determine that the fence is constructed in accordance with the plans submitted for a permit as outlined in subsection (C)(1) hereof; provided, however, that the issuance of the permit by the city shall not be construed to mean the city has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imnposed on him herein. (Ord. 3346, passed 7-10-07; amend. Ord. 3436, passed 12-22-09.)
(3) Ornamental fences not exceeding 42 inches in height shall not require a permit or inspection.
(D) Location and Height.
(1) Subsection (E), Intersection Visibility, applies to all fences.
(2) Ornamental fences up to 42 inches in height may be located in any yard.
(3) Residential and Agricultural Districts. Fences and walls within any Residential (R), Office Residential (O-R), Office (O), Limited Development (L-D), Heritage (H), Residential Planned Unit Development (R-PUD), or Agricultural (A) Zoning District shall conform to the following requirements:
(a) Required front yards. Class 2 fences may be erected up to a maximum height of 42 inches and Class 7 fences may be planted and maintained up to 30 inches, except on corner lots, where approval must be obtained by the Service Director based on the relation of the fence to the intersection. These fences may be located up to and on the front property line, subject to the requirements of subsection (E).
(b) Side, corner side, or rear yards. Class 1, 2, 3, 4, 5 or 7 fences may be erected up to a maximum height of 72 inches. Fences in side or rear yards may be located up to and on the side or rear lot line, subject to the requirements of Subsection (E). Fences in corner side yards may not be located closer than three (3) feet to the corner side lot line, except where the lot does not meet minimum lot frontage requirements, in which case the fence may be located up to and on the corner side lot line, subject to the requirements of Subsection (E).
(4) Commercial Districts. Fences and walls within Commercial (B), City Center (CC), Olde Downtown (OD), and Planned Unit Development (PUD) Zoning Districts including those associated with all conditionally permitted uses shall conform to the following requirements.
(a) Required front yards. No fences shall be permitted in the required front yard.
(b) Side, corner side, or rear yards. Class 1, 2, 3, 4, 5 or 7 fences may be erected up to a maximum height of 72 inches. Fences in side or rear yards may be located up to and on the side or rear lot line, subject to the requirements of Subsection (E). Fences in corner side yards may not be located closer than three (3) feet to the corner side lot line, except where the lot does not meet minimum lot frontage requirements, in which case the fence may be located up to and on the corner side lot line, subject to the requirements of Subsection (E).
(5) Industrial Districts. Fences and walls within Business Park and Manufacturing (M) Zoning Districts including those associated with all conditionally permitted uses shall conform to the following requirements:
(a) Required front yards. No fences shall be permitted in the required front yard.
(b) Side, corner side, or rear yards. Class 1, 2, 3, 4, 5, 6 or 7 fences may be erected up to a maximum height of 96 inches. Fences in side or rear yards in these districts may be located up to and on the side or rear lot line, subject to the requirements of Subsection (E). Fences in corner side yards in these districts may not be located closer than three (3) feet to the corner side lot line, except where the lot does not meet minimum lot frontage requirements, in which case the fence may be located up to and on the corner side lot line subject to the requirements of Subsection (E).
(Ord. 2170, passed 12-11-79; amend. Ord. 2890, passed 2-9-93) Penalty, see § 150.99(D))
(E) Intersection Visibility. On corner lots no fence shall be erected, placed, or maintained within the public right-of-way or within the triangular yard space formed by the intersecting street lines and a line joining points on such street lines 50 feet from the point of intersection of the street lines unless reviewed and approved by the Service Director.
(Ord. 2170, passed 12-11-79; amend. Ord. 2890, passed 2-9-93) Penalty, see § 150.99(D))
(F) Construction Requirements.
(1) A fence that is supported by posts on the side of the fence shall be erected so that exposed posts and supporting cross-elements face the interior of the property and the finished surface faces outward to adjoning properties or public rights-of-way.
(2) Fences shall be constructed of commonly used fencing material, such as wood, chain link, masonry walls, or wrought iron, and shall not consist of discarded materials or other materials such as corrugated metal, garage doors or drywall, or any materials resembling these. (Ord. 2890, passed 2-9-93) Penalty, see § 150.99(D))
(3) The use of poured concrete, concrete masonry unit, metal panel, corrugated metal, rebar or other similar product where the surface of such material is exposed and visible from any direction, shall be prohibited unless specifically permitted elsewhere in this section.
(G) Recreational Facilities.
(1) Swimming pools. Swimming pools shall be surrounded by a fence not less than five feet in height with the widest opening dimension not exceeding four inches, and all doorways and entrances into the pool area shall be equipped with gates of equal height with the fence, and shall be provided with latches. This requirement shall not apply to above ground pools. (Ord. 2170, passed 12-11-79; amend Ord. 2890, passed 2-9-93) Penalty, see § 150.99(D))
(2) Tennis courts. A fence enclosing a tennis court may have a maximum height of twelve (12) feet, provided any part of such fence above six (6) feet must be constructed of an open material that minimally obstructs vision.
(H) Barbed Wire Fences. In districts where permitted, the barbed wire or sharp-pointed sections of fences shall not be lower than a height of 96 inches. The barbed wire must face away from the side of the fence that fronts a sidewalk or public way. (Ord. 2170, passed 12- 11-79) Penalty, see § 150.99(D))
(I) Electrified Fences. Electrified fences may only be erected upon approval of the Board of Zoning Appeals. Authority to erect an electrified fence may be granted only on proof being shown that no harm to the public will result and that there is a definite and unusual situation which requires such a fence. (Ord. 2170, passed 12-11-79) Penalty see § 150.99(D))
(J) Height of Fences Atop Retaining Walls. A combination fence and retaining wall may be erected. The retaining wall portion may be erected up to the level of the higher finished grade. The fence portion must be of the class and height permitted within the applicable district. These measurements shall be made at the point of the finished grade. (Ord. 2170, passed 12-11-79) Penalty, see § 150.99(D))
(K) Fences Around Trash Receptacles.
(1) All trash receptacles, including dumpsters and grease containers, sized two (2) cubic yards or larger which are visible from the public right-of-way shall be enclosed by a view-obscuring fence with a gate or gates and both the fence and a gate or gates shall not be less than six feet in height.
(2) A fence shall not be required for trash receptacles meeting any one of the following conditions:
(a) Not visible from the public right-of- way.
(b) Located on industrial property which does not abut residential property.
(c) Used solely for and as part of an industrial manufacturing process.
(3) A gate shall not be required if the fence opening is not visible from the public right-of-way and is not visible from residential property.
(4) All fences and gates shall meet the design standards and building material specifications of the Planning and Building Department, but in no case shall chain link fence be permitted. (Ord. 3404, passed 1-27- 09)
(L) Fences or Walls Required by the Planning Commission or the Board of Zoning Appeals. The Planning Commission or the Board of Zoning Appeals may, when acting within their review procedures, exempt a fence from the provisions of this section when it is determined that the health, safety, or general welfare would not be impaired by such an exemption. (Ord. 2170, passed 12-11-79)
(M) Variances. The Board of Zoning Appeals shall hear any request for a variance to the requirements of this section as provided in § 154.06.01. An administrative setback variance may also be granted as provided in § 154.05.03(C).
(Ord. 3459, passed 11-9-10)