Chapter 1148: Fences, Walls, and Hedges

Sections

Cross references

  • Fence permit - see BLDG. 1307.17, 1309.14

1148.01   Intent

In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these regulations:

  1. (a) To regulate the location, height and overall general characteristics of fencing, walls, hedges, or any combination thereof within the front, side or rear yards of any property within the Municipality;

  2. (b) To maintain an orderly appearance and reduce any negative impact upon other properties where such fencing, walls, or hedges are visible.

  3. (c) To prohibit fence, wall or hedge placement at heights or locations which interfere with clear visibility of vehicular and pedestrian traffic on adjacent streets, alleys, or sidewalks.

  4. (d) To preserve and protect public health, safety and welfare by regulating retaining walls and minimizing their impact on contiguous property.
    (Ord. 2019-39. Passed 8-13-19.)

1148.02   Definitions and references

As used in this chapter, unless the context otherwise indicates:

  1. (a) “Fence” means a barrier open to light and air which is constructed of non-living materials in order to enclose, screen, or secure property, or, a means of designating a property boundary.

  2. (b) “Hedge” means an evergreen or deciduous landscape barrier consisting of a continuous, dense planting of shrubs which have several small stems from the ground or small branches near the ground.

  3. (c) “Retaining wall” means a solid barrier which is constructed of stone or masonry which functions to resist a lateral load from a mass of earth or other material.

  4. (d) “Wall” means a solid barrier which is constructed of wood, masonry or other non-living materials in order to enclose, screen, or secure property, or, a means of designating a property boundary. A solid fence is considered a wall.
    (Ord. 2019-39. Passed 8-13-19.)

1148.03   General provisions

Fences, walls, and hedges shall be permitted in front, side, or rear yards subject to the following limitations and requirements:

  1. (a) Construction. Fences and walls must be of uniform design and constructed of durable materials, maintained in good condition, and not permitted to become dilapidated.

  2. (b) Appearance. The unfinished side, supporting rails, and posts of any fence shall face the interior of the property of the owner, and, the finished side of the fence shall face contiguous property. Fences which exceed two feet in height above natural grade shall be designed with a surface at least twenty five percent (25%) open to light and air throughout its area.

  3. (c) Location.

    1. (1) Any fence designed with a surface at least twenty-five percent (25%) open to light and air throughout its area may be located on a property line.

    2. (2) Any wall, any hedge, or, a fence designed with a surface of less than twenty-five percent (25%) open to light and air throughout its area, may be located no less than three feet from a property line.

    3. (3) (Editor’s note: Former subsection (c)(3) was repealed by Ordinance 2020-10, passed March 9, 2020.)

  4. (d) Prohibited fences, walls and hedges.

    1. (1) Fences charged with electrical current.

    2. (2) Barbed wire fences except as otherwise provided for in Section 1148.06(b).

    3. (3) Retaining walls constructed of plain concrete masonry unit blocks without aesthetic additive such as exposed aggregate or thoroughly blended coloration.

  5. (e) Proximity to Historic Structures. Fences located in proximity to historically significant properties shall be Compatible in design with the character of such properties.

  6. (f) Utility Uses. Utility uses shall be completely enclosed by a fence or wall not less than five feet and not more than seven feet in height. Such fences shall be opaque. The design and construction of such fences shall be approved by the Architectural Board of Review in consideration of factors of safety and visual impact on nearby uses. For uses which do not present safety hazards, the Administrator may waive the fencing requirement.

  7. (g) Exceptions. The requirements of this chapter shall not apply to a hedge which is planted as a perimeter screen under the landscaping regulations set forth in Section 1142.06.
    (Ord. 2019-39. Passed 8-13-19; Ord. 2020-10. Passed 3-9-20.)

1148.04   Permits

  1. (a) Permit Required. No person shall erect any fence, wall, or retaining wall without first obtaining a building permit and making payment of the fee required by Section 1309.14 of the Building Code.

  2. (b) Survey Required. If documentation of the property line locations is not conclusive, the Administrator may require a professional survey to identify such locations prior to issuing a permit.
    (Ord. 2019-39. Passed 8-13-19.)

1148.05   Fences, walls, and hedges permitted: residential districts

  1. (a) Front Yards. Fences, walls and hedges shall not exceed three and one- half feet in height above finished grade. However, fences, walls and hedges shall be permitted to a greater height in the front yard along a side lot line which adjoins a business or industrial district if approved by the Planning and Zoning Commission and a determination is made that the fence, wall or hedge will comply with subsection (c).

  2. (b) Side and Rear Yards. Fences, walls and hedges shall not exceed six feet in height, except as required for tennis courts in subsection (d)(2) hereof or utility fences as permitted in Section 1148.03(b).

  3. (c) Corner Lots. The installation of a fence, wall or combination thereof shall not create a visibility or safety concern for vehicular or pedestrian movement. Within a triangle formed by lines drawn between points on the two street lines of a corner lot twenty-five feet from their intersection, substantially unobstructed sight lines must be maintained within a vertical height band of two and one-half feet to six feet above curb level.

  4. (d) Recreational Uses.

    1. (1) Swimming pools. Any swimming pool in which water may collect to a depth in excess of one and one-half (1-1/2) feet shall be enclosed by a wall or fence not less than five (5) feet in height. Such fence shall be constructed so that the horizontal members are on the pool side of the enclosure and vertical members shall not be spaced more than four (4) inches apart. The bottom horizontal member shall be four (4) inches or less from the ground. A building or existing wall may be used as part of the enclosure. All gates providing access to the pool or pool area shall be of self-closing and self-latching construction with the latch at least five (5) feet from ground level, shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is unattended.

    2. (2) Tennis courts. Tennis courts shall be enclosed by a metal chain link or mesh fence at least nine feet in height but no more than twelve feet in height above finished grade.
      (Ord. 2019-39. Passed 8-13-19; Ord. 2019-56. Passed 11-25-19.)

1148.06   Fences, walls, and hedges permitted: non-residential districts

  1. (a) Height. Fences, walls, and hedges shall not exceed eight feet in height. Any fence, wall, or hedge which restricts the visibility along a traveled right-of-way, shall be located subject to the approval of the Planning and Zoning Commission.

  2. (b) Limited Industrial District. In the Limited Industrial District, the placement of not more than three strands of barbed wire shall be permitted on top of a fence other than a barbed wire fence, provided such strands are not less than sixty inches from the ground.

  3. (c) Contiguous Residential Districts. The Planning and Zoning Commission shall require landscape features or a fence between a parking or loading area and a side or rear lot line of a residential district. Landscape features shall be installed in accordance with Sections 1142.05 and 1142.06.

  4. (d) Recreational Uses.

    1. (1) Swimming pools. Any swimming pool in which water may collect to a depth in excess of one and one-half (1-1/2) feet shall be enclosed by a wall or fence not less than six (6) feet in height. Such fence shall be constructed so that the horizontal members are on the pool side of the enclosure and vertical members shall not be spaced more than four (4) inches apart. The bottom horizontal member shall be four (4) inches or less from the ground. A building or existing wall may be used as part of the enclosure. All gates providing access to the pool or pool area shall be of self-closing and self-latching construction with the latch at least four (4) feet from ground level, shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is unattended.

    2. (2) Tennis courts. Tennis courts shall be enclosed by a metal chain link or mesh fence at least nine feet in height but no more than twelve feet in height above finished grade.
      (Ord. 2019-39. Passed 8-13-19; Ord. 2019-56. Passed 3-9-20.)

1148.07   Retaining walls

  1. (a) A retaining wall may be constructed on property where topographic conditions warrant or where necessary to retain fill or cut slopes.

  2. (b) In addition to the permit requirements of Section 1148.04, all retaining walls over three (3) feet in height shall require the submission of plans and specifications for approval by the Municipal Engineer. Such plans shall be prepared by a professional engineer.

  3. (c) Retaining walls shall be set back from any property line a minimum of three (3) feet plus one (1) foot for every foot of wall height greater than three (3) feet.

  4. (d) The height of a retaining wall shall be measured vertically from the finished grade of the lower side of the wall to the highest point at the top of the wall.

  5. (e) Retaining walls exceeding three (3) feet in height shall have a hedge, fence or rail at the top edge of the wall.

  6. (f) Retaining walls shall not restrict access to utilities, impede the normal flow of storm water, cross open drainage channels, or be located over an access easement.

  7. (g) Retaining walls shall be maintained by the owner in good repair at all times.

  8. (h) Walls greater than six (6) feet in height or in excess of one-hundred (100) square feet shall be subject to review by the Architectural Review Board. The design and construction of such walls shall be approved by the Architectural Board of Review in consideration of factors of safety and visual impact on nearby uses.
    (Ord. 2019-39. Passed 8-13-19.)