The height and transparency regulations shall apply to any fence
or wall located or proposed to be located in any front yard or in
any side yard between the front yard and a line drawn along the rear
yard or in any side yard between the rear lot line and a line drawn
along the rear building line.
Figure 11: Fence and Wall Regulations by Location.
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A. Fences and walls located in a rear yard shall not exceed eight feet
in height and shall have no restrictions on transparency.
B. Hedges shall be exempt from any height or transparency regulations
except the clear sight triangle requirements set forth in this chapter.
C. The following regulations shall apply to all fences and walls:
(1)
No fence or wall shall be erected, added to, replaced or relocated until a building permit has been issued by the Zoning Officer in accordance with §
330-1501 of this chapter relating to building permits. Prior to applying for a building permit, a property owner shall provide written notice to all adjoining property owners of his or her intention to erect, add to, replace or relocate a fence or wall and shall provide proof of the sending of such notices with the application for a building permit. No building permit to erect, add to, replace or relocate a fence or wall shall be issued without proof of the sending of such notices.
(2)
The replacement of a fence or wall with a new fence or wall
of the same design and materials shall not require the attainment
of a new certificate of appropriateness from the Historic Review Commission
or the attainment of a new variance from the Zoning Hearing Board
if the applicant provides proof that such a certificate and/or variance
was obtained in connection with the building of the prior fence or
wall.
(3)
Any fence or wall with poles or posts must be constructed so
that the poles or posts are on the side of the fence or wall facing
the lot of the landowner/developer constructing such fence or wall,
except for fences or walls where the poles or posts are an integral
part of the fence or wall so that both sides of the fence or wall
are identical.
(4)
If any fence or wall is painted, both sides of the fence or
wall must be painted the same color.
(5)
Any chain-link, chicken-wire or other metal mesh fence or wall
erected in the side yard or rear yard of a lot shall be galvanized
or otherwise treated to prevent the formation of rust.
(6)
No fence or wall containing barbed wire, razor wire, and/or
razor ribbon may be erected on any lot in or abutting an R-1, R-1A
or R-2 Residential Zoning District.
(7)
No electrified fence, fence or wall containing barbed wire,
razor wire and/or razor ribbon shall be permitted within any residential
zoning district nor upon any land(s) abutting a residential use. However,
nothing contained in this provision shall prohibit fences consisting
of underground electrical wiring and commonly referred to as "silent"
or "invisible" fences used to control pets. No building permit shall
be required to build such silent or invisible fences.
(8)
No chain-link, chicken-wire or other metal mesh fence or wall
may be erected in any front yard of a lot. For corner lots, no chain-link,
chicken-wire or other metal mesh fence or wall may be erected along
the area which abuts the front yard of an adjoining lot.
(9)
All fences or walls shall be maintained in a sturdy and good
condition. Fences or walls that overturn, collapse, fall, deteriorate
or become loose or rotted, whether in whole or in part, shall be repaired,
replaced or removed within 60 days of notice of said condition.
(10)
No fence or wall shall be constructed in any public right-of-way.
(11)
All fences must meet the clear sight triangle requirements set
forth in this chapter.
No lot shall be reduced in area that decreases any yard, setback,
parking area, buffer yard or dimension to less than the required minimum
determined by this chapter.
Unless otherwise prohibited by the Building Code or if the side
yard on a lot measures six feet or less, the following may encroach
into required setback defined in this chapter as provided:
A. Awnings, canopies, eaves, wing walls, chimney, bay windows, steps,
ramps and the like as follows:
(1)
Roof overhangs and projections of any principal structure may
encroach up to two feet into any required setback; and
(2)
Canopies, open balconies, pivoted or casement sash, cornices,
eaves, bay windows and similar architectural features may encroach:
(a)
Not more than four feet into the front setback if eight feet
or more of clear headroom is provided under such projection; and
(b)
Not more than three feet into any side or rear setback if seven
feet or more of clear headroom is provided under such projection.
(3)
Chimneys may encroach no more than two feet into any side or
rear setback if the portion of chimney structure that is encroaching
into said setback is not more than six feet wide.
B. Driveways.
(1)
The setback of a driveway from a lot line shall conform to the
requirements outlined in Table 3: Dimensional Table.
(2)
Every lot shall be permitted to have one driveway.
(3)
A lot may have a governor's drive, either connected to or independent
from any permitted driveway, provided it meets the following requirements:
(a)
In no event shall more than two curb cuts per lot on any one
street be authorized.
(b)
The distance between the center lines of the governor's drive
along the front property line shall be spaced at least 70 feet apart.
(c)
The governor's drive shall be no more than 12 feet in width
and have no turnaround areas.
(d)
The central portion of the governor's driveway shall be located
within 12 feet of an entrance to the principal building.
(e)
The dimensional criteria for driveway setbacks in Table 3 shall
apply.
(4)
Driveway access to a lot shall be located on the secondary right-of-way
of a lot unless more than half the lots on said block obtain driveway
access from the principal right-of-way.
(5)
All private garages and all off-street parking enclosed within
a principal building shall be connected directly to a public street
or public alley by a private driveway no wider than 12 feet. Where
there are multiple off-street parking spaces in a private garage or
enclosed within the principal building, the driveway may be widened
to access said parking spaces.
(6)
The entire flare of any return radius on a driveway shall fall
within the right-of-way.
C. Fences, walls and hedges subject to district regulations.
E. Sanitary sewer or water lift stations.
F. Signs, subject to Article
IX, Signage Regulations.
G. Irrigation water pumps, wells, utility meters and similar aboveground
telephone and cable company equipment typically found on single-family
residential lots.
H. Underground utilities, including stormwater pipes, culverts, septic
tanks, and drainfields.
I. Utility poles, transmission lines and service lines.
J. Other utility-related items.
(1)
All utilities for lots that have improvements or are redeveloped
shall be located underground unless otherwise approved by the Borough
Council.
(2)
Utility connections such as gas meters, electric meters, phone
and cable shall be located so as to minimize their visibility from
the street.
(3)
HVAC condenser units shall be located so as to minimize their
visibility from the street.
K. Private off-street parking areas in other than residential zoning
districts that are located no more than 200 feet from the northerly
right-of-way line of Ohio River Boulevard.
A buffer yard shall be established by the landowner and/or developer
of the following subject uses to buffer adjacent uses and shall have
the following required depths:
A. Buffer yards shall be located entirely on the lot of the subject
use and may be constructed within the required setbacks defined for
the lot.
B. All buffer yards shall be planted with shrub and tree plantings and/or
installed with walls, as permitted by this chapter, in a pattern that
creates no less than twenty-percent transparency, unless otherwise
specified by this chapter. Plant materials used in buffer yards shall
be at least three feet in height when planted, shall be planted no
more than three feet apart, and be of such species that will produce
within three years a complete year-round visual screen of at least
six feet in height. Trees that are used in the planting of a buffer
yard and elsewhere on the lot shall be in accordance with Borough
standards. In addition, grass or ground cover shall be planted on
the ground surface of the buffer yard. Buffer yards shall be maintained
and kept free of all debris and rubbish. The buffer yards shall be
maintained permanently, and any plant material which perishes shall
be replaced by the landowner and/or developer within one year.
C. No structure, manufacturing or processing activity or storage of
materials shall be permitted in buffer yards. However, utility easements
not more than 35 feet in width, access roads, service driveways and
sidewalks are permitted to cross a buffer yard but shall not reduce
the buffer yard by more than 20%.
D. No parking shall be permitted in buffer yards.
E. A clear sight triangle shall be maintained at all street intersections
and at all points where vehicular accessways intersect public streets.
F. Walls/fencing shall be permitted to comprise no more than 60% of the required perimeter length of the buffer yard. See also §
330-604.
G. In instances where the existing principal and/or building or structure
is located within the area to be set aside as the required buffer
yard, the buffer yard may be reduced in depth to the distance from
the existing building or structure to the lot line. This reduced buffer
yard width shall apply only to the yard area upon which the existing
structure encroaches. If the existing building or structure is located
within the required buffer yard on one side of the building or structure,
the required buffer yard as determined by Table 9, Buffer Yards shall
apply on all other sides where a buffer yard is required.