75-98 Ordinance AMENDEDRECORD OF ORDINANCES
Italics -existing Revised 1-8-99, 4-7-99, 5-15-99,
Non-Italics -additions 8-30-99, 9-30-99, 2-9-00, 2-18-00, and 3-14-00
Ordinance 75 9~ ~Amend~d) passed
Ordinance No ...................................................................
AN ORDINANCE SMENllING PORTIONS OF THE DUBLIN
CODIFIED ORDII~ AItTCE REGULATING THE LOCATION AND
CONSTRUCTION OF FENCES
WHEREAS, Council desires to adopt City-wide fencing standards in order to provide for
consistency and uniformity throughout the City; and
WHEREAS, the Community Development Committee recommends approval of the
proposed amendments to the Code related to fencing; and
"4'HEREAS, the Planning and Zoning Commission reviewed the proposed amendments
on February 17, 2000, and recommends approval; and
WHEREAS, the Board of Zoning Appeals reviewed the proposed amendments on
February 23, 2000 and recommends approval.
NOW, TH~,~FORE, I;E IT ORDhINED by the Council, of the City of Dublin, State
of Ohio, ~ of the erected memb~.rs concurring, as follows:
Section 1. That Sections 150.07E through 10.077 of the Dublin Codified Ordinances,
inclusive, regulating the provisions for the locati~an and construction of fences within the
City of Dublin, are repealed.
Section 2. That Sections 153.078 through i 53.083 of the Dublin Codified Ordinances,
inclusive, regulating the provisions for the location and construction of fences within the
City of Dublin, are created as follows:
153A78 PURPOSE AND SCOPE.
(A) The purpose of these provisions is to establish regulations controlling the use and
type of fences, hedges, or walls. This is for the conservation and protection of
property, the assurance of safety and security, the enhancement of privacy, and
the improvement of the visual environment. This includes the provision of a neat
and orderly appearance consistent with the neighborhood and community
character.
153.079 DEFINITIONS.
For the purpose of this subchapter, tl:e f~aowing definitions shall apply, unless the
context clearly indicates or requires a diff:~rent meaninb.
(A) FENCE -GENERAL.
The words "fence" shall ii geleral te_rtninology mean any structure composed of
wood, metal stone, plastic, or other :tatural and permanent material erected in such a
manner and positi.;ned as t~ enclose e; partially enclose airy premises or any part of any
premises. Trellises, or other structures supporting, or for the purpose of supporting vines,
flowers and other vegetat.:on when ;.rested in such position as to enclose or partially
enclose or sepa<~ate any premises shall be included within the definition of the word
FENCE. Structures ercctec' ctli~r thaw on lo: lines cr within five feet of in lot lines,
which have solely an ornamental lurpcse and wl.ich do not in fact serve the purpose of
enclosing or partially enclosing premises, separating preen:ses from adjoining premises,
hedges, retaining walls, or radio controlled fences, shad: not be included within the
definition of the word FENCE. Permitted solid fences are:
(B) HEDGE.
A row of dense, closely spaced laving plant material composed of vines, trees,
shrubs, bushes or combination thereof.
RECORD OF ORDINANCES
Italics -existing Page 2
Non-Italics -additions
Da on Le al Blank Co. Form 004
Ordinance 75-98 Amen4~c'
Ordinance No ..........................................................~...... Passed .................................................................., .......................
(C) SOLID FENCE
A fence designed to inhibit public view and provide seclusion and, when viewed
at right angles, having more than 50 percent of its vertical surface area closed to light and
air.
(1) BOARll ON BOARD OR ALTERNATING BOARD ON
BOARD. A fence constructed of vertical wood boards or other natural and permanent
material with one-inch nominal size boards between, or upon, a frame of 2-inch nominal
members and 4x4 nominal posts.
(2) LOUVER-or VENTILATING-FENCE. A fence made of a series
of wood slats or other natural and permanent placed at an angle or positioned so as to
provide air but to deflect light perpendicular to its vertical plane.
(3) SOLID PICKET FENCE. A fence made up of upright one-inch
by two inch nominal wooden boards or other natural and permanent material, that abut
one another, side by side with no openings. The top of the fence may be pointed or blunt.
(4) STOCKADE or PALISADE FENCE. A fence constructed with
a row of large pointed stakes of wood or other natural and permanent material placed
upright against each otheY having more than 50% of the area of its vertical plane closed to
light or air.
(5) WALL, STONE OR BRICK. A solid fence constructed of stone
or brick.
(D) PARTIALLY OPEN FENCE
A fence designed to offer a vertical, but not totally blocked, visual separation. This fence
is used where a low level of screening is adequate to soften the impact of the use or where
partial visibility between areas is more important than a total visual screen. Partially
open fences include:
(1) PICKET FENCE. A partially open fence made of upright
wooden poles or slats. This fence may be an open fence if the space between the vertical
boards is greater than the width of the boards.
(2) ARBOR OR TRELLIS. A fence of latticework used as a screen
or as a support for climbing plants.
(E) OPEN FENCE
A fence constructed for its functional, ornamental or decorative effect and, when
viewed at right angles, having not less than 50 percent of its vertical surface area open to
light and air. Permitted open ornamental fences are:
(1) SECURITY OR INDUSTRIAL FENCE. A fence made with
metal wire having sharp points, barbs, edges or other attached devised designed to
discourage physical contact along its length.
(2) CHAIN LINK FENCE. A fence, usually made of metal,
loops of wire interconnected in a series of joined links and include vinyl plastic-coated or
painted varieties.
RECORD OF ORDINANCES
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Orc'_inancc 75-5 ~ Ai_, ~. _ ~' :3
Ordinance No ................................................................. Passed .................................................................., .......................
(3) ELE!"?'n:FIEL _+ Flr'CE. F 11 fences or structures, with a device
or object that emits or produces ar. c'.~:.:.:~ charge, impulse or shock when the same
comes into contact with any other object or any person, animal or thing, or which causes
or may cause, burns to any person or animal. So called wireless or radio controlled fences
that utilize radio signals and control collars are excluded from this definition.
. (4) SMOOTH RAIL, SPLIT RAIL, MILLED RAIL OR
CONTEMPORARY RAIL FENCE means a fence constructed of narrow, whole or
split, wooden timbers or boards placed horizontally between upright supporting posts.
Smooth rail, split rail, milled rail or contemporary rail fences may have supplemental
wire fencing or mesh attached to the interior of the fence. Such wire shall be painted or
coated black. For the purpose of improved containment, the opening size shall be not less
than 3"X3" and designed in a horizontal grid.
(5) WROUGHT IRON FENCE means a fence constructed of metal,
including aluminum, iron or steel, pips, tubes or bar stock and having some type of
decorative features or design. Wrought iron fences shall not have pointed ends exposed
but may have finials with blunt ends
(6) RADIO CvN'f1EtOLLED FENCE means the use of insulated
wire (typically low voltage an3 located underground) to transmit a radio signal to a
receiving device. Radio controlled fences are exempt from these regulations
(7) RETAINING ~~VVALL means a wall composed of wood, stone
brick or other masonry material designed to hold back a portion of higher ground from a
lower one. A retaining wall permits tow elevation levels to be placed adjacent to each
other with an abrupt vertical change between them.
(8) ACCENT FENCE means a fence that is used to solely for
ornamental purpose and does not enclose or partially enclose anarea.
153.080 REGULATIONS ON USE.
(A) REGULATIONS - GEItTERAL.
Except as otherwise specifically p:,r...itted herein, ro fenc° or wall shall exceed
four feet in height. Supporting members for wal: and fences shall be located so as to not
be visible from the adjoining property L:nless the fence is designed such that the
supporting members are identical in appear.aic~ on both sides of the fence or wall. No
fence or wall shall be cons±ru~te.l ui ai.,~ planed no-build zone, conservation/no disturb
zone, floodway, floodplain or drainage ~~ Bement for any parcel or subdivision which
would be detrimental to th;, public hs;.ltl , s~~ety and welfare. All portions of the property
shall remain accessible from outsida the f,;nce area Ly means of a gate or other opening.
The fence, wall, or hedge shall no~ tie perniitted to encroach upon public rights-of-
way or easements or no build zones, conservation/no disturb zones. The fence, wall, or
hedge shall not be located so as to adversely affect the vision of drivers on the public
streets or from driveways intersecting public streets.
The height of a fence shall L:....ea~ur:.d from the established grade line to the
higl'.:~st point of the fence including pests a.:c; finiala. The height of the fence may not be
artificially increased by the use of mo~nc::ng unless otherwise required by the zoning
district regulations.
(B) PERMITTED FENCIh G. '
Fences shall b~ pcrt:~itted in i~gt<i.ew yards as follows, except as otherwise
provided in the zoning regulations or other state and municipal ordinances.
RECORD OF ORDINANCES
Italics -existing Page 4
Non-Italics -additions
Da on Le al Blank Co. Form 004
Ordinance No...........- ..............................................~...... - Passed .................................................................., .......................
(1) OPEN OR _~~A '_'_A_LLY OPEN, (ORNAAZENTAL OR
DECORATIVE) FENCES shall be permitted in all zoning districts and shall be no
greater than four feet in height above the established grade, unless otherwise permitted
herein. The partially open or open fence may be located only within the buildable area of
the lot. These fences may be used to enclose the entire perimeter of the rear yard if the
total lot area is greater than 30,000 square feet.
Partially open or open accent fences shall be located within the buildable area
forward of the primary structure if lii~lited to foar feet in lteight and designed to only
partially enclose an area. These :;.tees ;,~e permitted forward of the building line along
scenic roadways but cannot exceed tltre:, feet in height and serve only an ornamental
purpose. Fences within the front yard shall Le safely placed so as not to obstruct visibility
at driveway or roadway interscc~io.t~.
(2) SOLID FEItT~'.:a sl.al: ;,~ p:.r.:.i~:ed i~l all zoning districts only in rear
yards. Solid fences shall bo no g,eat~r tray. fow fact in height, unless otherwise pertitted
herein, and shall not be used to r„t.close t'.,; en~ire perimeter of the property. Such fences
shall be located within the buildable ~.;e.. of tlt;, lot and only b:. used to enclose a deck or
patio. Solid fences shall tt~t be located ~r~h:n a required side and rear yard and shall be of
an approved type. Brick, stone or masonry walls are permitted forward of the building
line along scenic roadways but caruiot exceed three feet in height. Fences within the front
yard shall be safely placed so as not to obstruct visibility at driveway or roadway
intersections.
(3) CHAIN LINK'~a~~>~S' shall only be permitted in commercial zoning
districts. Such fences may net be plac;,d forward of the primary structure and are
~rPs~tricted to side and rear yards. Suer fences n.ay be erected parallel to and on, or
approxiniat=~'y on, the common property line to a height not exceeding six feet above the
established grad,>. Permitted c'iain ii.~: fences sl.aa be l,ainted Llack or sl.all have a black
plastic or vinyl coati:tg.
(4) HEDGES shall iic, p,;:._.':::;1 in ull zo..ing districts. T~edges shall not be
located within any no build zoi.c, consc.v:.tiot~ zone/no disturb zone, drainage easement,
floodway, flood plain or othei :.:ea ~::.:cl~ ~•.~ould be detrimental to the public he~'?~.,,
safety or welfare.
(5) ARBORS J:: '1'll[:i,~:N sl.ah ;,~ permitted in all zoning districts.
Arbors or trellises, which arc dctach;;d f-~.~~ the luilding, may encroach on a required
side yard, side yard which abuts.a str;,et and forw;ud of the structure provided that:
(a) the maximum height is eight feet;
(b) the maximum width is five feet ; .
(c) the maximum depth is three feet and;
(d) the surface of the arbor or trellis shall be at least 50% open.
(C) PROHIBITED FENCING
(1) I/lectrified, barl;:..i_ wire, tazcr ~~ir,, and stockad;, fences are hereby
prohibaed ir.:tl: zori:.~g c::.;tri~ts. TI_a proh:bitio i shall not be cons*_rued to
prohiba e:ectri6ed r...~c: ~ atLe~i ~t~ir~ f:,tices when used in conjunction
with a purely agri:,u~ u.a: <<~~ u:, d~:.n~d by the Ohio revised code.
(2) Vinyl clan, 1..'.:.,'.i:; ;,. 1,.:, ~~,;,'.y vi_iyl chloride) fences are hereby
prohibited iii all reaide~:ti;.~ district.
(D) REQUIRED >N'ENCING
(1) SCREENtNC ~l+,la~~. r. _~.::,;,, ~,•all of hedge to restrict the view of
service structures or elet:.et~ts .~qu~r:,.l .:, :;e s:re;,n:d by Section 153.133, Landscaping
and 153.077 Screening of Service Structt.res, of the Codified Ordinances of the City of
RECORD OF ORDINANCES
Italics -existing
Non-Italics -additions
Page 5
st~~x co.
~,
Ordinance 75-98 _.;~: ~..d
Ordinance No ................................................................... Passed .................................................................., .......................
YE.1R
Dublin shall comply with the s±atidar~is in '_?~a± section. Screening fences shall be
constructed of stone, brick or wcod to match the predominant material of the building or
structure to which it serves.
(2) SWIMMING u00L;'. Swimming pools located within all zoning
districts of the municipality sl~~ll be sarrounded by open ornamental fences or a solid
fence provided the solid fence is no hig:i:: than four feet and otherwise complies with the
regulations herein and the building :._:J zaniug code regulations governing swimming
pools; all openings, doorways :aid ei.~•;xnces into the pool area shall be equipped with
gates of equal height and material with tl~e fence, and shall be provided with latches and
permanent locks. Above grc and s ~.~:......i;:g pools shall not be included within the
definition of swimming p~.,l a., t~J~.: in ~1.::; s::.;t:~.t.
(E) OTIIER FENCING
The zoning administrate r c.r desi~t~:.c . zay permit other fences similar in
character and design to one or more "of t~Y.e permitted fences herein, upon application.
('80 Code, Section 1309.04)
153.081 PERMIT AND INSPF.C1'ION.
Any fences which may be permitted shall require the issuance of a permit by the zoning
administrator or designee after the sai.ie has been ;.pproved.
(A) Upon permit applications, _a;,h property owner shall provide the fo?lowing:
(1) name an:: address of the owner of the lot for which the permit is
requested. .
(2) natn~ anJ address of ih;; person, firm or corporation that will carry
out tote actual irstallatior..
(3) an overal. plot plan incladii.g the shape and dimensions of the lot
together :: ah t:.~ location, material, height and location of all
propose.'. and existiag fends, potential visibility conflicts and the
drainage flw,~ a~r:,ss th;: lot. Section rnd elevation views of the
pro},osea fe~icc d~taili~lg its construction and method of fixture to
the ground, sl.ould also b~ subritted.
The zoning administrator or .designee may waive this requirement when the fence
location is such that encroachment is not in question. Upon obtaining a building permit
and constructing the fence, the property owner shall ascertain that the fence thus
constructed does not deviate from the.plans as approved by the Zoning Administrator or
designee issuing permits and does not encroach upon another lot or parcel of land. The
municipality shall furnish such insp~c::c.~, a~ is deemed necessary, to d,:termine that the
fence is constructed in accordance wit:. l,lars submitted for permit, provided however,
that such determination by tae mu:._ .:polity shall not be construed to mean the
municipality has verified the fence is n:,t ;,..c.;,a~iiing upon another lot, nor shall it relieve
the property owner cf the duty im~,oscd c p~ii ri~11/her herein.
153.082 MAINTENANCE.
Permitted fences, walls, sl~ruLb~ry, l_c..g;, o. s.r~:ctures shall be maintained in good
condition, be structurally soand ::n~: ::..a,~.c.:l~ tirished at all times. Any grounds
between such fences, ~~-~lls, ~'.-.~~.bb:,~ y, ._~c:g~ o_ structures and property lines shall be
well maintained at all time:, L;' the a,~r.~p:iate property owner. Supporting members for
walls and fences shall b;, iocut:,.: s;, us tc, not L~ visible from the adjoining property
unless the fence is designed su,;:i that ~h:; suppert:.~g members zre identical in appearance
on both sides of the fence or wall.
RECORD OF ORDINANCES
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. Ordinance 75-98 Amended
Ordinance No ...........................................................~...... Passed .................................................................., .......................
YE.~.R
153.083COMPLIANCE REQUIRED; CONFLICTING PROVISIONS.
(A) Fences shall be designed, erected, altered, reconstructed, moved, anchored,
positioned and maintained, in whole or in part, strictly in accordance with the provisions
of this subchapter and building code provisions applicable to fences.
(B) If these standards conflict in any way with the standards in any planned
development zoning text, then the most restrictive standards shall prevail. Standards in
this section applicable to matters not covered in the planned development zoning text
shall also apply.
Section 3. This Ordinance shall take effect and be in force from and after the earliest date
permitted by law.
Passed thi~,day of 2000.
yor - Presiding O icer
Attest:
Clerk of Council
Sponsor: Planning Division
I hereby cart'rfy thnt copies of this Ord'nancelResolution were posted in the
City of Dublin in accordance with Section 731.25 of the'3ftio Revised Code.
~~: Cler f Council, Dublin, Ohio