Amherst City Zoning Code
CHAPTER 1151
Fences
1151.01 LOCATION.
No fence, hedge, trellis or other device used to mark or establish boundary lines around property exceeding six feet in height shall be erected, altered, constructed or located on any lawn adjacent to any boundary line of any lot or parcel of land, or any part thereof, in the City.
(Ord. 02-159. Passed 12-9-02.)
1151.02 PERMIT.
Before a fence, hedge, trellis or other device used to mark or establish boundary lines shall be erected, the owner of the land shall first secure from the Building Inspector a permit for the fence.
(Ord. 02-159. Passed 12-9-02.)
1151.03 HEIGHT.
The height of fences shall be measured from a point not to exceed six inches above the finished grade line or natural contour of the ground as far as is practical. The six inches may be averaged over every eight feet when there is uneven ground. Fence posts may extend six inches above fence, when located at least eight feet apart.
(Ord. 02-159. Passed 12-9-02.)
1151.04 SET BACK.
(a) No fence shall be erected from the sidewalk line of any property to the front projection of the building thereof, otherwise defined as the building line setback.
(b) The erection of fences on corner lots shall not encroach upon the building setback lines of existing property.
(Ord. 02-159. Passed 12-9-02.)
1151.05 TEMPORARY FENCES.
No temporary fencing or fence shall be permitted for a period of longer than four months and shall only be permitted as a temporary barrier for construction purposes or for snow fencing.
(Ord. 02-159. Passed 12-9-02.)
1151.06 FENCE CONSTRUCTION.
(a) All wooden fences shall be constructed as follows:
(1) All wood used for construction shall be of a species that is suitable for withstanding northern Ohio weather conditions. Acceptable species include cedar (white and red), redwood and treated pine.
(2) Posts shall be treated (with in-ground specifications) to protect against decay and insect infestation due to in ground contact. Post holes shall be a minimum of eight inches in diameter and thirty inches deep. Posts will not be spaced any farther than eight feet apart or any closer together than three feet. Posts shall be constructed so that the fence shall withstand winds to eight miles per hour.
(3) (EDITOR’S NOTE: Former subsection (a)(3) is repealed by Ordinance 10-50, passed October 11, 2010.)
(b) All masonry (concrete, stone, cement), metal (chain link, wire, sheet metal), plastic and glass fences shall be constructed pursuant to plans submitted to the Building Inspector for approval of design, location, texture and color.
(c) All fences, regardless of construction material shall be constructed pursuant to the following limitations and restrictions:
(1) A minimum of four inches open space will be allowed between the face of the fence post and property line, unless abutting owners written approval is submitted to the Building Inspector for approval to locate the fence on the lot line.
(2) The finished side of the fence shall face the outside as determined by the Building Inspector.
(3) The type, design, color, texture and location of a fence shall be submitted to the Building Inspector for a permit. Fences when used as a rail, screen or trellis shall comply with fence regulations.
(4) Where fences are erected and a water drainage situation occurs, such problem shall be disposed of by placing adequate outlets at the bottom of the fence to eliminate possible accumulation of stagnant water or other undesirable conditions.
(5) When a fence is located on a utility easement granted to the City an access gate shall be installed. If trucks or equipment require that a fence be removed reinstallation shall be done at owner’s expense.
(6) If a fence is not maintained as determined by the Building Inspector, demolition or repair can be accomplished by the provisions of Chapter 1341 of Amherst’s Codified Ordinances.
(7) A gate shall be installed with a key given to City Utilities whenever a fence prevents the convenient access to a utility meter for utilities furnished by the City.
(8) Shrubbery preventing the passage of people shall conform to fence regulations.
(Ord. 02-159. Passed 12-9-02.)
(9) (EDITOR’S NOTE: Former subsection (c)(9) was repealed by Ordinance 10-50, passed October 11, 2010.)
1151.07 SWIMMING POOLS.
Nothing contained in this chapter shall apply to swimming pool fences, which are governed by Chapter 1339 of the Codified Ordinances of Amherst.
(Ord. 02-159. Passed 12-9-02.)