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Warren City Zoning Code

§ 16-5.28

Fences; Construction and Maintenance; Driveway Gates and Pillars.

[Ord. No. 93-24; Ord. No. 99-12 §§ 1, 2; Ord. No. 02-20, §§ 1, 2; Ord. No. 02-34, § 1; Ord. No. 02-40, §§ 1, 2]
All fences shall be constructed on land that has not been filled or had soil or other materials added thereto greater than 12 inches in height, unless the Zoning Officer determines unique circumstances exist such as, but not limited to, surface irregularities if greater than the aforesaid 12 inches which would allow a deviation from such requirement.
a. 
In a residential zone, a fence consisting of or equivalent to a split rail or open rail (baluster) design of three feet or less in height shall be permitted in the front yard as defined in this chapter, provided no such fence shall be located less than three feet from the front property line or 28 feet from the center line of the street upon which the property fronts, whichever the greater, except and as further provided, that a fence consisting of or equivalent to a split rail or open rail (baluster) design of four feet or less in height, measured from the property line, shall be permitted in the front yard as defined in this chapter provided no such fence shall be located less than 10 feet from the front yard property line or 35 feet from the center line of the street upon which the property fronts, whichever the greater, except and further provided, that a fence not exceed six feet in height, except as provided for a tennis court (see subsection 16-5.29), measured from ground level, may be constructed in a side or rear yard. A zoning permit is required for construction of all fences. Fencing required by the Uniform Construction Code of Warren Township for pools and terraces shall conform to the standards required therein.
b. 
In a nonresidential zone, a fence of three feet or less shall be permitted in the front yard but not less than 25 feet from edge of the paved roadway. A fence of eight feet or less shall be permitted in the side and rear yard.
c. 
Construction Within Road Right-of-Way Prohibited. No fence shall be constructed within any public right-of-way.
d. 
Construction Appearance and Materials. All fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. All fences shall be uniform and symmetrical in appearance, shall have posts or columns separated by identical distances, except for deviations required by construction factors, and shall consist of materials conforming to a definite pattern. No fence shall be erected of barbed wire, razor wire, topped with metal spikes or other sharp objects, nor constructed of any material or in any manner which may be dangerous to persons or animals, except barbed wire shall be permitted for qualified (under the State Farmland Assessment Act) farms. Barbed wire farm fences are allowed in any yard and may be constructed in generally accepted farm use manner.
e. 
Location. No fence shall be located within a required clear sight triangle.
f. 
Hedges, Trees and Plantings. Except if specifically prohibited under the terms of any other applicable ordinance or regulation of the Township, nothing herein shall be construed to prohibit the use of hedges, trees or other plantings anywhere on a lot unless within a sight triangle.
g. 
Applicability of Restrictions. The restrictions contained herein shall not be applied so as to prohibit the erection of a deer fence of no greater than eight feet in height and consisting only of an open weave, dark colored nylon wire rope, or equivalent dark colored material, retaining wall or otherwise contouring or terracing of property surface.
h. 
Electrically Charged Fences Prohibited. Electrically charged fences are prohibited, except for use on qualified farms and around actively cultivated areas.
i. 
Construction Within Property Boundary Lines. All fences shall be constructed within property boundary lines.
j. 
Construction Enclosing a Township Easement Prohibited. No fence shall be constructed so as to enclose a Township easement or an easement in which there are public rights unless constructed in such manner as to not unduly interfere with the maintenance of any public use thereof.
k. 
Maintenance. All fences shall be maintained in a safe, sound and upright condition.
l. 
Existing Fences. The provisions of this section shall apply to all fences hereafter constructed. Fences currently existing which violate any provision set forth herein shall not be reconstructed, repaired or replaced to an extent exceeding 20% thereof without the total fence being brought into conformity with the provisions hereof.
m. 
Driveway Gates and Pillars. No driveway gate or pillar shall exceed six feet in height provided that the same is not located less than three feet from the property line and if the same is located in the front yard, then in that case, not less than 28 feet from the centerline of the street upon which the property fronts, whichever is the greater distance. Lighting fixtures shall not be included in the above height calculation. No singular pillar structure which exceeds six feet in height shall exceed nine square feet in size. Any transition wall (wing wall or similar structure) from a pillar structure which exceeds three feet in height shall not exceed six feet in length. All gates shall be ornamental/decorative in design.