The erection, construction or alteration of any fence, wall hedge row or other type of protective barrier shall be approved by the building official as to their conforming to the requirements of the zoning district wherein they are proposed and the requirements of this section. Fence heights provided in this section shall also allow for a nominal clearance at the bottom between the ground and fence.

A.

Non-residential and multiple family residential uses.

1.

All fences, walls and similar enclosures shall require approval by the planning commission.

2.

Fences shall not be located in the required front yard nor enclose required parking areas unless such is of a decorative nature.

3.

Emergency access shall be granted at all times as approved by the township's fire department and water and sewer department.

4.

The gates located at the entrance of a driveway shall be set back a sufficient distance to allow for an appropriately sized vehicle to access the property without impeding vehicular traffic.

5.

Fences shall not exceed six feet in height unless otherwise stated elsewhere in this ordinance.

6.

Prohibited elements:

(a)

Electric current, barbed wire, spikes, razor edge, nails or any other sharp, pointed instrument of any kind on any fence shall be prohibited, except as allowed for in subsection (b) below.

(b)

Barbed wire cradles may be placed on top of fences enclosing permitted rear yard storage in the general commercial, industrial and marina districts and public utility buildings, as deemed necessary in the interests of public safety by the planning commission.

B.

Single family residential uses.

1.

No fence shall hereafter be erected along a property line, within any side or rear yard taller than six feet in height above the mean grade along the fence line. Chain link fences in excess of four feet are not permitted.

2.

Only non-obscuring decorative fencing (no chain link fence is considered to be a decorative fence) shall hereafter be located in a front yard of a lot or parcel as follows:

a.

Three feet high in the first ten feet from the front property line;

b.

The remaining distance in the front yard may be four feet high.

3.

Side yard fences on a corner lot shall be permitted as follows:

a.

Non-obscuring decorative fence maximum four feet high may be installed on the property line;

b.

Privacy fence shall be set back a minimum of 15 feet from any street right-of-way.

4.

Waterfront fences, walls, hedgerows and protective barriers located in a yard abutting water shall be permitted as follows:

a.

Only non-obscuring fences walls, hedgerows and protective barriers may be installed within the first 30 feet of the sea wall or the ordinary high water mark, as applicable, at a maximum four feet high. Fences, walls, hedgerows and protective barriers not greater than two feet in height measured from grade are exempt from this non-obscuring requirement.

b.

Fences, walls and protective barriers installed within the first 30 feet of the sea wall or the ordinary high water mark, as applicable, shall be decorative. Decorative wall materials include brick and stone, but not exposed concrete block or cinder block. Decorative fence materials include wrought iron, aluminum, wood, vinyl but not galvanized chain link or vinyl-coated chain link.

5.

Electric current, barbed wire, spikes razor edge, or any sharp, pointed instrument of any kind on any fence shall be prohibited.

6.

All fences shall have the post side facing the property address.

7.

Underground or invisible pet fences for the containment of animals shall not be considered a fence under these provisions.

8.

Soil erosion control fences, either in the form of synthetic materials or straw bales, are not permitted except on construction sites.

9.

Fencing located in a public easement requires written permission from the entity controlling the public easement or reasonable access to satisfy the building official.

10.

Non-obscuring, as used in this section, shall mean a fence with no greater than 50 percent opacity. Opacity (the degree to which light or views are blocked) is measured perpendicular to the fence for each fence section measured from center of post to center of post. For the purposes of this section, any fence with support posts greater in width than 12 inches shall not qualify as non-obscuring.

(Ord. No. 308.7, § 1, 4-10-2023)

A.

Screening shall be required between different zoning districts and uses according to the requirements of this section of the zoning ordinance. The type of screening required in different situations is based on the following impact rankings: 1) none; 2) minor; and 3) major.

B.

Where screening is required, only one adjoining use shall be responsible for its installation, except as noted herein. This use shall be referred to as the "use providing screening." The other use shall be the "protected use." To determine the appropriate level of impact, refer to the schedule of screening requirements. The level of impact is indicated where both uses interface.

C.

Specific requirements for screening improvements are described in the following subsection and are subject to planning commission approval. The planning commission has the authority to modify these requirements when justified by the nature or intensity of the proposed development or the characteristics of the site. These requirements are in addition to specific screening requirements set forth elsewhere in this ordinance.

The planning commission may waive the following screening requirements for a portion of the site where the building setback does not provide adequate space to install a required greenbelt or the planning commission may vary the following planting requirements when an alternative method of screening is proposed that adequately mitigates any potential negative impacts. Property zoned V-1 or V-1A village districts shall not be subject to the screening requirements of this section.

A.

Schedule of screening requirements.

⁽¹⁾  In instances where a "protected use" is developed adjacent to and after the use which is intended to provide the screening, the "protected use" shall provide the required screening.

B.

Minor. The purpose of screening in this situation is to soften the impact of one land use on another. An interrupted or open screen is required, which creates an impression of space separation without necessarily eliminating visual contact. Screening intended to satisfy these objectives shall conform to the following minimum standards:

1.

Ten-foot wide greenbelt.

2.

Six- to eight-foot high evergreens and/or two and one-half-inch caliper deciduous trees planted at intervals, not exceeding 35 feet on center.

3.

Shrubs and ground cover or mulches so as to cover the ground at the time of planting. All such plantings shall meet the height and spacing requirements specified herein.

C.

Major. The intent of the screening requirements where major impacts are anticipated is to block the view of obtrusive or undesirable visual elements, exclude all contact between such uses, and create a strong impression of spatial separation. Screening in these situations shall conform to the following minimum standards:

1.

Six-foot high decorative masonry wall. The wall shall be placed on the property line with a ten-foot wide landscaped greenbelt provided between the wall and the building, parking lot or loading area. Such greenbelt shall be planted with two and one-half-inch deciduous trees for each 30 feet of wall length. The remainder of the greenbelt shall be planted with grass, ground cover, or other acceptable landscape materials as determined to be appropriate by the planning commission.

2.

In lieu of the wall, the planning commission may allow the development of a six-foot high fence, with a 15-foot wide landscaped greenbelt, meeting the requirements of this section, or a 24-foot wide greenbelt with a three-foot high landscaped earthen berm planted with two staggered rows of six- to eight-foot high evergreens planted at intervals not exceeding ten feet on center. Shrubs, a minimum of 30 inches in height, or other ground cover and mulches so as to cover the ground upon planting shall be required.

(Ord. No. 308.2, § 3, 2-26-2018)

A.

Walls. Whenever a wall is used in conjunction with, or in lieu of, the previously mentioned screening requirements, it shall be constructed according to the following minimum specifications:

1.

Walls shall be constructed of reinforced protective face brick with bollards, or similar decorative building material acceptable to the Planning Commission. The color of facing or brick shall be compatible with brick used on the site and shall be durable, weather resistant and easy to maintain. Masonry units may be integrally colored at the factory, but shall not be stained on-site.

2.

Walls shall be placed on the lot line and shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this ordinance and/or as may be approved by the planning commission for the purposes of public safety. Where walls are pierced, the openings shall be so spaced as to maintain the overall obscuring character required and shall not reduce the minimum height requirement.

3.

The foundation of any wall shall be constructed to meet the requirements of the applicable Harrison Township Building Codes and Engineering Ordinance. Masonry walls shall have a durable cap meeting the requirements of the Harrison Township Building Department.

4.

No such wall shall be painted, nor shall it be constructed of exposed concrete block, cinder block or wood products.

5.

Unless otherwise expressly directed by the provisions of this ordinance, all protective walls or greenbelts shall be provided when required along and immediately adjoining the zoning district boundary line and/or property line, and shall be installed so as to lie wholly on the land of the applicant seeking site plan approval. In instances where drains, trees or other obstacles preclude such location, the planning commission shall determine the most appropriate alternative location.

6.

All walls or greenbelts required by this ordinance shall be completely installed prior to the issuance of an occupancy permit for the use of the premises, except as provided hereinafter.

7.

In any case where the development of the land and/or buildings has been fully completed and an occupancy permit would otherwise be issued, and the completed installation of the wall, greenbelt and/or landscaping required is prevented by inclement weather or acts of nature beyond the control of the owner, the owner may receive an extension of no more than six months subject to the requirements of this ordinance. A performance guarantee, as specified by this ordinance may also be required.

8.

Maintenance of the wall, or any other substituted screening device, shall be the responsibility of the property owner on whose property such wall or screen is located.

9.

The planning commission may vary the required height of the wall above the maximum height of six feet in instances where the height of the wall would be less than six on the side of the property being screened due to grade changes.

B.

Berms.

1.

Berms shall be designed to be consistent with architectural character of the building(s) to be located on the site and shall consist of landscaped earth mounds possessing a maximum slope ratio of four feet horizontal to one foot vertical, except where retaining walls are used. Side slopes shall be designed and planted with sod or hydro seeded to prevent erosion.

2.

In those instances where a berm is included as part of a greenbelt, a detailed drawing and cross-section of the proposed berm shall be provided as part of the landscape plan.

C.

Pressure treated or vinyl fencing. Whenever pressure-treated or vinyl fencing is permitted in conjunction with the screening requirements permitted by this section, it shall conform to the fencing requirements of this article.

When a development within the village abuts a property zoned for single-family use, screening shall be provided consistent with the following regulations. These methods of screening and locations for screening may be modified by the planning commission in instances where opportunities for tree preservation exist.

1.

A six-foot high decorative brick wall shall be constructed on the property line. An eight-foot wide greenbelt between the parking lot and the wall may be required by the commission. The planning commission may require a decorative fence or other sound deadening material in lieu of the wall.

2.

One evergreen shall be planted in a linear fashion adjacent to the decorative wall for each 20 feet of said wall.

3.

One spreading shrub shall be planted at the base of the decorative wall for each five feet of said wall.

(Ord. No. 308.2, § 4, 2-26-2018)