How to get a fence permit in Upper Arlington Ohio?

Upper Arlington Ohio Fence Regulations

The following is the sections of the Upper Arlington Development Ordinance relevant to fence installation.

Sec. 535.04 – FENCES

(A) No person shall install or cause to be installed along or adjacent to the boundary line of the front yard (as defined in the Unified Development Code) of any lot or parcel of ground in this city, any barrier composed of one (1) or more strands of wire, rope, cord, plastic or other type of line, stretched between stakes, poles, trees or other supports, located as described above; provided, however, that a temporary barrier of such type, so constructed or marked as to be readily visible, may be installed to prevent damage to a newly planted lawn, hedge, shrubbery or other planting, to be maintained only for such length of time as is reasonably necessary for the protection of such planting.

(B) No person shall install or maintain any fence or barrier as described in C.O. § 535.04, regardless of location, which is composed in whole or in part of barbed wire, or which has wire or metal spikes or prongs, or which is charged with electrical current.

Sec. 609(D)(12)(b)

Fences:

i. Every swimming pool (including existing pools) shall be completely enclosed by a fence of sturdy construction not less than forty-eight (48) inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing though or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds eighteen (18) inches, unless said pool is in use or is under the immediate observation of a responsible person. No part of any fence shall be located between the building setback line and the street on which the lot or parcel abuts.

Sec. 609(D)(13)

Fences:

(a) Purpose: The purpose of these fence regulations is to preserve and protect property values, to enhance safety and security, to provide privacy, and to improve the visual environment.

(b) Applicability: No fence, wall or barrier, other than a temporary construction or snow fence, shall be constructed, erected, installed or substantially replaced on any property without an approved fence permit from the Community Development Department. Minor repairs and maintenance do not require a fence permit. An underground/invisible pet fence shall not be subject to the limitations associated with fences, but shall not be located in city right-of-way.

(c) Prohibited fences: The following fences are prohibited:

i. Fences or walls having wire, metal prongs, spikes, or cutting points or edges of any kind whatsoever, or which is charged with electric current. Picket fences shall have points blunted. Chain link fences shall be coated with black, brown, or dark green vinyl, plastic, or other similar material.

ii. No fence or fences shall be constructed so that there are two (2) more or less parallel fences in the same yard on one (1) property unless there is a distance of at least five (5) feet between the fences or their appurtenances. This section is not intended to prohibit adjoining property owners from erecting abutting fences along a shared property line.

(d) Location and height: Fences may be located in yards as follows:

i. Front yard: As measured from the building setback line to the City right-of-way line:

A. Fences may extend fifteen (15) feet forward of the building line, provided such fence does not exceed three and one-half (3.5) feet in height, as measured above the elevation of the surface of the ground at such point.

B. Fence posts may exceed the height of the fence by a maximum of six (6) inches.

ii. Side and rear yards:

A. Fences shall not exceed six (6) feet in height, as measured above the elevation of the surface of the ground at such point.

B. Fence posts may exceed the height of the fence by a maximum of six (6) inches.

iii. For purposes of determining the location and height requirements, each yard abutting upon a street shall be considered as a front yard on each respective street.

iv. Fences or walls located completely within the buildable area are not subject to these height limitations.

v. Property line location: The accurate determination of the property line is the responsibility of the property owner or contractor securing the fence permit. The issuance of a fence permit does not indicate city review or approval of the property line location.

(e) Supporting elements: Fences or walls supported by posts on the side of the fence or wall shall be erected so that exposed posts and supporting cross elements face the property upon which the fence or wall is being constructed. This provision shall not apply if adjacent property owners file, with the Director of Community Development, written consent to have the fence erected so that such posts and cross elements face their property. Fences shall be erected so that no exposed posts or supporting cross elements face public property. This section shall not apply if the fence is the same on both sides, such as split rail or board and batten fences.

(f) Construction on a mound: Where a fence, wall, ornamental feature or hedge is constructed on a mound, or where the ground under the same has been raised to a higher level than the surrounding surface, the permissible height of the fence, wall, ornamental feature or hedge shall be reduced by the height of such mound or raised surface.

(g) Ornamental and entry features: May be located in yards as follows:

1. Shall not exceed forty-two (42) inches in height.

2. Shall not exceed twenty (20) feet in total length.

3. Shall not be located in city right-of-way, but may be located in any yard, provided they conform to intersection clearance zone requirements.

(h) Retaining walls and dry-stacked decorative stone walls: May be located as follows:

1. Shall not be located in city right-of-way, but may be located in the front yard, provided they conform to intersection clearance zone requirements.

2. Shall not exceed thirty-six (36) inches in height, if located in a front yard.

3. Retaining walls shall be constructed per the Residential Code of Ohio.

(i) Swimming pool fences: Every swimming pool shall be completely enclosed by a fence of sturdy construction not less than forty-eight (48) inches in height, as measured on the side of the fence that faces away from the swimming pool. Refer to Appendix G of the Residential Code of Ohio for additional requirements pertaining to swimming pool fences.