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Mariemont City Zoning Code

FENCES AND

WALLS

§ 151.100 DEFINITIONS.

   For the purpose of this subchapter, all definitions specified in § 151.005 shall apply unless the context clearly indicates or requires a different meaning.
   ALLEY. See § 151.005.
   ALONG THE LOT LINE. See § 151.005.
   FENCE. See § 151.005.
   PUBLIC RIGHT-OF-WAY. See § 151.005.
   WALL. See § 151.005.
(2000 Code, § 151.100) (Ord. O-4-96, passed 3-25-1996; Ord. O-14-22, passed 5-23-2022)

§ 151.101 FENCE OR WALL IN FRONT YARD.

   (A)   It shall be unlawful to construct or erect a fence or a wall more than four feet in height in a front yard, and that fence or wall shall be not less than 50% open construction.
   (B)   It shall be unlawful to construct or erect so- called chain link or wire farm fences in a front yard.
   (C)   It shall be unlawful to construct a chain link or wire farm fence in any residential district.
(2000 Code, § 151.101) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006; Ord. O-14-22, passed 5-23-2022) Penalty, see § 151.999

§ 151.102 FENCE OR WALL ON CORNER LOT.

   "Required" side yards of corner lots as set forth in § 151.085(B)(1)(b)3. have specific fence requirements as follows.
   (A)   Fences or walls on corner lots shall be no more than four feet in height, at least 50% open construction, parallel to any lot line bounded by a public right-of-way, with the following exceptions:
      (1)   Within a space of 25 feet from the intersection of the lot lines at a public right-of-way intersection, that structure shall not exceed three feet in height, and shall be of 50% open construction; and
      (2)   A fence or wall not exceeding six feet in height may be erected in a side-rear yard of a corner lot and parallel to a public right-of-way providing that structure is set back from the lot line bounding the public right-of-way the "required" side yard setback for a corner lot as set forth in § 151.085(B)(1)(b)5.
   (B)   Along any rear lot line of a corner lot bounded by a front yard, as specified in § 151.085(B)(1)(b), a fence or wall shall be no more than four feet in height, and at least 50% open construction in the abutting front yard but can be up to six feet tall and of privacy style for the portion of the rear lot line that abuts the side and rear yard.
   (C)   It shall be unlawful to construct or erect a so- called chain link or wire fence (except as lining for permitted fence) on a corner lot in a rear or side yard bounded by a public right-of-way.
(2000 Code, § 151.102) (Ord. O-4-96, passed 3-25-1996; Ord. O-14-22, passed 5-23-2022) Penalty, see § 151.999

§ 151.103 FENCE OR WALL IN SIDE OR REAR YARD.

   (A)   It shall be unlawful to construct or erect a fence or wall more than four feet in height, except that in Residence A, B, and C Districts these structures may be constructed or erected to a height not to exceed six feet at any point along the lot lines bounding side or rear yards.
   (B)   A fence or wall not exceeding six feet in height may be erected parallel to and along the lot line bounded by a lane or alley in a rear yard where the side lot lines of the rear yard adjoin the side lot lines of the rear yard of adjacent property. The fence or wall need not be 50% open construction.
   (C)   Any fence or wall constructed or erected in a rear yard bounded by a public right-of-way shall be not less than 50% open construction, except where the structure is farther back from the public right-of-way than any "required" yard setback for the principal use as established by this chapter and except where otherwise noted.
   (D)   Fences at least four feet in height with secure, self-latching gates shall enclose all swimming pools.
(2000 Code, § 151.103) (Ord. O-4-96, passed 3-25-1996; Ord. O-14-22, passed 5-23-2022) Penalty, see § 151.999

§ 151.104 CONSTRUCTION.

   (A)   Material.
      (1)   Materials used for construction of all fences or walls shall be subject to approval by the Building Commissioner. The following types of fences may be erected except where prohibited elsewhere in this chapter: split rail; board-onboard; shadow box; basket weave; picket, stockade; lattice; combination board and lattice or picket; post and rail (horizontal board); vertical board; solid panel board; wrought iron; and extruded aluminum profiles (powder coated).
      (2)   If a fence is constructed of boards, pickets, wire, or other material applied to rails or posts, the rails or posts shall be on the owner's side and the applied material on the neighbor's side, unless the fence is so constructed as to provide finished surface on each side such as staggered vertical boards on each side of horizontal rails.
      (3)   It shall be unlawful to construct or erect a fence made of the following materials:
         (a)   Barbed wire on or as a part of fence or walls in a residential district or business district;
         (b)   Electrified wiring on or as a part of fences or walls in a residential district or business district (except where part of an invisible fence system);
         (c)   Picket fences having pickets connected by wire, that is, so-called snow fences, in a residential district or business district; and
         (d)   Wire fences, including chain link, in any residential district.
      (4)   Barbed wire may be used in the industrial district if on top of a fence or wall having a height of at least eight feet.
      (5)   Electrically supervised fence may be used in the industrial district consisting of single wire at the top of a fence set back into the owner's property at least nine inches from the fence line; voltage in the line shall not exceed 24 volts; the line shall be insulated from the remainder of the fence; and the entire installation shall be approved by the Inspection Bureau, Inc.
      (6)   It shall be unlawful to plant, trim, or otherwise maintain hedging that is in excess of three feet in height within 25 feet of the intersection of two or more streets.
      (7)   All fences shall be placed entirely on the property owner's lot. No setback is required for fencing in any yard, except for fences that parallel a public right of way or invisible fences.
      (8)   The maximum permitted height of fences constructed on top of a wall shall be measured from the grade line of the abutting property.
   (B)   Fence support structure. All fences must be secured with below ground posts except wire fencing used as a liner for a permitted fence.
(2000 Code, § 151.104) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006; Ord. O-14-22, passed 5-23-2022) Penalty, see § 151.999

§ 151.105 SPECIAL FENCES.

   (A)   In addition to those fences herein before permitted, open metal fences enclosing public recreational grounds, railroad rights-of-way, industrial properties, and fuel storage tanks for industrial and institutional use, and to enclose for safety purposes any other hazardous industrial or institutional equipment or structure subject to approval of the Commissioner, may be erected to a height not to exceed 12 feet. Any above-ground mechanical equipment such as cooling towers, transformers, waste disposal containers, or similar items located in any business zone shall be completely screened from view to a height of six feet with a solid masonry or wood screen wall. Such screen wall shall be maintained in good condition at all times. Industrial zones are not required to meet this requirement. Above-ground transformers located in any residential zone shall be screened with properly maintained, solid hedging. The location of any above- ground transformer shall be as discreet as possible and individually approved by the village Planning Commission.
   (B)   Invisible fences. A wire or signal generating device (typically a pet containment system) for the transmission of radio signals from a radio transmitter, by which a radio receiver near the wire is activated by radio signals therefrom, to cause a noise and/or electrical shock signaling the nearness of the radio receiver to the wire as a boundary or separation of one area from another:
      (1)   An electronic fence, "invisible fence," or similar containment system shall require a building permit, same as construction of any other fence or barrier requires.
      (2)   An electronic fence, "invisible fence," or similar containment system must have its boundary no less than 18 inches from the property line of the property on which the electronic fence, "invisible fence," or other similar containment is constructed. For placement in areas bounded by public property or a sidewalk, an electronic fence, "invisible fence," or similar containment system must have its boundary no less than three feet from the sidewalk or public space.
      (3)   The placement of training flags or other temporary visible barriers is restricted to 30 days after the installation of the invisible fence.
(2000 Code, § 151.105) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006; Ord. O-4-22, passed 2-28-2022; Ord. O-14-22, passed 5-23-2022)

§ 151.106 MAINTENANCE.

   (A)   Fences or walls in need of repair or other maintenance shall be repaired, restored, or removed as directed by the Building Commissioner.
   (B)   If the length of fence requiring repair exceeds 50% of the total length of that span of repair or restoration of a nonconforming existing fence or wall erected before the effective date of this chapter (March 25, 1996), such fence or wall shall be removed or replaced by a fence or wall in conformity with this chapter.
(2000 Code, § 151.106) (Ord. O-4-96, passed 3-25-1996; Ord. O-14-22, passed 5-23-2022)