(Ord. 21, passed 1-14-2020) Penalty, see § 152.999

         (a)   No solid wall or fence in the secondary front yard shall exceed the height of 42 inches unless all of the following conditions are met, in which case the wall or fence shall not exceed the height of 78 inches:

            1.   The fence is set back a minimum of ten feet from the property line.

            2.   The area between the public right-of-way and the fence shall be landscaped as follows:

               a.   Properly maintained turf, shrubs, shredded mulch, stone or groundcover plants shall be required between the wall or fence and right-of-way line. Wildflowers and weeds are not acceptable groundcover plants.

               b.   Trees or shrubs shall not extend into any portion of the public right-of-way or in any way intrude into the 20-foot visibility triangle.

         (b)   No wall or fence shall exceed the height of 42 inches unless all of the following conditions are met, in which case the wall or fence shall not exceed the height of 54 inches: A fence or wall may be erected to the maximum height of 54 inches if the wall or fence consists of open spaces distributed uniformly along its surface, with at least a 50/50 ratio of open to closed area, or minimally above a height of 42 inches.

      (3)   Within the limits of the side and rear yard. Walls and fences may be erected to the height of 78 inches above grade, provided the wall or fence is five feet from a public right-of-way. Walls and fences within five feet of a right-of-way shall conform to the requirements of the secondary front yard requirements and in no case shall a wall or fence encroach upon the 20-foot visibility triangle as defined in division § 152.005. No wall or fence shall exceed the height of 78 inches above grade unless the following requirements are met:

         (a)   All abutting property owners submit a written statement that they do not object to the plan.

         (b)   The elevation of the subject property is generally one or more feet lower in elevation than abutting properties, or the health and safety of the owner/occupant of the subject property is endangered by uses on any abutting property.

      (1)   Properties in B-1, B-2 and I-1 districts that are primarily residential in usage shall follow the proscribed guidelines of R-1, R-2 and R-3 districts.

      (2)   Wall and fence height along a street frontage shall not exceed the height of 42 inches unless it meets the following requirements:

         (a)   Street frontage in front of structure: A fence or wall may be erected to the maximum height of 54 inches if the wall or fence consists of open spaces distributed uniformly along its surface, with at least a 50/50 ratio of open to closed area, or minimally above a height of 42 inches, so that vision through the fence is not materially obstructed from any angle so as to obstruct vehicular or pedestrian traffic on adjacent streets or public ways.

         (b)   A wall or fence not located in front of a structure, but along a street frontage (such as located in front of a parking lot), shall not exceed a maximum height of 78 inches.

      (3)   Within the limits of the side and rear yard, walls and fences may be erected to the height of 102 inches above grade, provided the wall or fence is five feet from a public right-of-way. Walls and fences within five feet of a right-of-way shall conform to the requirements of the secondary front yard requirements and in no case shall a wall or fence encroach upon the 20 foot visibility triangle as defined in § 152.005. No wall or fence shall exceed the height of 102 inches above grade unless the following requirements are met:

         (a)   All abutting property owners submit a written statement that they do not object to the plan; and

         (b)   The elevation of the subject property is generally one or more feet lower in elevation than abutting properties, or the health and safety of the owner/occupant of the subject property is endangered by uses on any abutting property.

      (4)   When abutting a residential zoning district (R-1, R-2, R-3), the minimum height for a wall or fence shall be equivalent to the maximum height of a wall or fence as given in the standards for the abutting residential zoning district.

      (5)   Refuse containment and mechanical equipment: Trash containers, mechanical equipment, loading docks, loading facilities and outdoor storage as a conditional use shall be located in the side or rear yard and be screened from view. Mechanical equipment shall be setback a minimum of three feet from the property line.

         (a)   All trash dumpsters, trash pads, loading, building service, and outside storage areas shall be screened from residential uses and public streets. Such screening may be achieved by using a minimum 72 inch high, completely opaque fence or wall. Height of screen shall be measured from the grade of the nearest street.

         (b)   All dumpster enclosures require approval from City Supervisor to ensure clearances and orientation allow for servicing of the dumpster.

         (c)   The City Supervisor shall have discretion to modify these requirements on a case by case basis if existing circumstances prevent compliance.

(Ord. 21, passed 1-14-2020) Penalty, see § 152.999

(Ord. 21, passed 1-14-2020) Penalty, see § 152.999

      (1)   A fence must enclose any pool that is 24 inches or more in depth.

      (2)   The fence must be located at least four feet from the pool, be non-climbable and at least four feet in height, with no openings that would allow the passage for a four inch diameter sphere.

      (3)   It is the responsibility of the property owner to ensure that the fence is constructed to prohibit unauthorized access to the pool.

      (4)   The supportive walls of an above-ground pool may function as an approved barrier if it is durable, solid, non-climbable, and at least three feet high. The wall of the pool must not be within four feet of any other wall, tree, deck, fence or other climbable object. Ladders, stairs or other means of accessing the pool must be removed or secured to prevent access when the pool is not in use.

      (5)   Setback requirements:

         (a)   Five feet from the edge of the pool water to any side or rear property line; and

         (b)   Front setbacks shall conform to the front minimum building setback for the zoning district in which the pool is located setbacks are measured from the edge of the pool water to a front property line

   (C)   Underground utilities. Property owners shall be responsible for locating all underground utilities prior to construction by calling Miss Utility of WV (811).

   (E)   Surveys. It is strongly recommended that prior to construction of a wall or fence, the owner obtain a survey of the property to ensure that the wall or fence will be located within property boundaries. The issuance of a building permit does not constitute verification that the wall or fence will be located within the property lines and the city shall bear no responsibility if the wall or fence is improperly located on adjacent property.

      (1)   Walls and fences shall be constructed from durable materials appropriate to the purpose. Property owners shall ensure that any new or existing fence is structurally sound and properly maintained. Suitable materials include:

         (a)   Commercially available wood, vinyl or composite fencing panels;

         (b)   Decorative chain-link fencing (vinyl coated). Regular uncoated chain link fencing may only be used within the limits of the side or rear yard;

         (c)   Decorative masonry block, brick or stone. Regular CMU block must be finished with stucco, brick or cultured stone;

         (d)   Groomed hedges;

         (e)   Wrought iron or aluminum; and

         (f)   Commercially available split-rail fencing.

      (2)   Materials not specifically intended for the construction of a fence or walls are prohibited. Such materials include:

         (a)   Scrap wood, pallets, logs;

         (b)   Metal panels, extrusions or forgings;

         (c)   Agricultural materials including barbed wire, razor wire, cattle or livestock panels, t-posts, and the like; and

         (d)   Any other material that is not intended for the use as a wall or fence.

(Ord. 21, passed 1-14-2020) Penalty, see § 152.999

   (C)   Temporary structures does not include manufactured sheds or accessory buildings that are built on skids. (See § 152.136).

(Ord. 21, passed 1-14-2020) Penalty, see § 152.999

   Any fence built prior to passage of this chapter is not required to be brought into compliance with the articles of this chapter unless upgrades or repairs are required to existing fence in excess of either 50% of total value of fence, or 50% of total area of fence. The City Supervisor will make determination whether repairs or upgrades exceed the 50% threshold. If threshold is met or exceeded, fence must be brought into compliance with the provisions of this chapter.

(Ord. 21, passed 1-14-2020) Penalty, see § 152.999