08-2021 - Amend Sec. 103.02 and Chapter 1153 Fences

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Pursuant to 1306.62, a permit must be obtained prior to installing a new fence, replacing a fence, or modifying the location, height, material, type, style or other changes not considered a repair of any existing fence. The Building Commissioner has the authority to establish permit requirements and conditions required to ensure any application for permit conforms to the requirements of this Section. 1153.03 FENCE PLACEMENT AND TYPES. (a) Location. The property owner installing or modifying a fence shall determine their own property lines and ascertain that the fence or wall as constructed does not deviate from the plans as approved by the Building Commissioner and does not encroach upon another lot. The issuance of a permit by the City shall not be construed to mean the City has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed herein. Fences and walls may be placed adjacent to a property line, but not on a property line. (b) Placement. (1) To the extent possible, two fences or walls should not be placed back-to-back along a common property line. Every effort should be made to utilize the existing fence or wall. Otherwise, there shall be no separation between the two fences or walls, or a minimum separation of two (2) feet between fences or walls shall be provided for the maintenance of the fences or walls and the ground area between the two fences or walls. (2) Wherever a public or private sidewalk or right-of-way and a driveway intersect, no part of a fence greater than thirty-six (36) inches above grade shall be within eight (8) feet of the intersection of the driveway and sidewalk or right-of-way. (c) Front Yards. No fence shall be erected, placed or extended in front of the front foundation wall of the primary structure. There are two exceptions: (1) Along a side property line where a residential use abuts a lot containing a non-residential use, upon determination by the Building Commissioner that such a fence does not obstruct the view of vehicle or pedestrian traffic or constitute a hazard. Maximum height of such fence is forty-eight (48) inches above grade. Fence must be a minimun of twelve (12) inches from the right of way. (2) A fence erected in the front yard and parallel to the public right of way may be permitted provided that: A. The maximum height shall be thirty-six (36) inches above grade. B. The maximum length of the fence shall not exceed fifty-five percent (55%) of the foundation wall of the primary structure facing the public right of way. C. The maximum distance from any portion of the primary structure, including porches, shall be eight (8) feet. D. The minimum distance from the public right of way shall be ten (10) feet. E. No gate shall be included in the fence. (d) Rear and Side Yards. A fence a maximum of seventy-two (72) inches above grade may be installed. Whenever a rear or side yard of a residential use abuts a lot containing a non-residential use a fence a maximum of ninety-six (96) inches above grade may be installed provided any portion above seventy-two (72) inches is a minimum of twenty-five percent (25%) open to the through passage of light and air between abutting properties. (e) Corner Side Yards. In a corner side yard, the following fences, except a chain link fence, are permitted: (1) Any fence allowed in a rear and side yard may be erected no closer than five (5) feet from public or private right-of-way. (2) A fence a maximum of forty-eight (48) inches above grade and a minimum of fifty percent (50%) open to the through passage of light and air may be erected no closer than twelve (12) inches from the public or private right-of-way. 1153.04 ADDITIONAL FENCE REGULATIONS. (a) Fences shall be of durable materials conforming to accepted industry standards for fencing materials and display a finished face toward adjacent streets and properties and shall not be adorned with signs, graphics, or paintings of any kind.