ORDINANCE AN ORDINANCE APPROVING AMENDMENTS TO THE VILLAGE OF SUNBURY ZONING CODE ESTABLISHING FENCE REGULATIONS

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Piers Nichols
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1 ORDINANCE AN ORDINANCE APPROVING AMENDMENTS TO THE VILLAGE OF SUNBURY ZONING CODE ESTABLISHING FENCE REGULATIONS WHEREAS, upon recommendation of the Planning and Zoning Commission, Sunbury Village Council has determined the need to amend the Village of Sunbury Zoning Code to include fence regulations; and WHEREAS, pursuant to Chapter S81.11 of the Village of Sunbury Zoning Code, the proper notices and public hearings have been held before the Sunbury Planning and Zoning Commission and the Sunbury Village Council; and WHEREAS, Council now wishes to approve said fence amendments and to incorporate said amendments into the current Village of Sunbury Zoning Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Sunbury, Delaware County, Ohio; SECTION I: The recommendation of the Sunbury Planning and Zoning Commission to approve amendments to the Village of Sunbury Zoning Code to include fence regulations, a copy of said proposed amendments being attached hereto as Exhibit A, is hereby approved. SECTION II: The Village of Sunbury Zoning Clerk is directed to incorporate said amendments to the Village of Sunbury Zoning Code which shall be entitled the Revised Zoning Ordinance of 2018 and shall be made available for purchase by the public on a cost basis. SECTION III: That all ordinances or parts of ordinances previously adopted by the Village of Sunbury, Ohio concerning matters of the Village of Sunbury, Ohio not specifically amended herein including but not limited to, ordinances zoning or re-zoning individual properties within the Village of Sunbury, are to remain in full force and effect. SECTION IV: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION V: It is found and determined that all formal acts of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public and in compliance with all legal requirements including Section of the Ohio Revised Code. WHEREFORE, this Ordinance shall take effect and be in force from and after the earliest time permitted by law.

2 VOTE ON ORDINANCE NO YEAS NAYS PASSED:, 2018 ATTEST: Tommy Hatfield, Mayor Kathy Belcher, Village Fiscal Officer CERTIFICATION I hereby certify on this day of, 2018, that the foregoing is a true and accurate copy of the Ordinance passed at the meeting held on, 2018, of the Village of Sunbury of the County of Delaware, State of Ohio. Kathy Belcher, Village Fiscal Officer

3 Exhibit A (page 1 of 4) Section S GENERAL DEVELOPMENT STANDARDS 23. FENCE REGULATIONS PURPOSE Fence regulations are established in order to protect the public health, safety, and general welfare by establishing regulations controlling the use of fences in order to assure property owners of privacy, security, and personal preference in landscape design within their own properties, with consideration of the surrounding environment, the appearance of the community as a whole, and the safety of the public and the individual. DEFINITIONS As used in this chapter: 1. Fence means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, directed in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partition, or decoration. Trellises or others structures for the purpose of supporting vines, flowers or other vegetation when erected in a positions to enclose, partially enclose or divide any premises or any part of a premises shall also be considered a fence. 2. Privacy fence means a fence made to inhibit public view and provide seclusion and, when viewed at right angles, having more than fifty percent (50%) of the area of its vertical plane (the area with a rectangular outlining closing all parts of the fence and its vertical plane) closed to light or air. Permitted privacy fences are: a. Basket weave or woven fence means offense of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket. b. Louver or ventilating fence means a fence made of a series of slats placed at an angle or position so as to provide air but to deflect light perpendicular to its vertical plane. c. Stockade fence - fence of contiguous or closely spaced usually pointed boards d. Dog ear fence - fence of contiguous or closely spaced boards with top of fence boards in dog ear shape e. Other like or similar privacy fences as approved by the zoning inspector which meet the criteria set forth above 3. Ornamental fence means a fence usually made of wood constructed for its beauty or decorative effect and when viewed at right angles having not less than 50% of the area of

4 its vertical plane (the area within a rectangular outlining closing all parts of the fence in its vertical plane) open to light and air. Permitted ornamental fences are: a. rail or split rail fence means a fence construction of narrow, wood or split, with Timbers placed horizontally between operate supporting posts. b. Picket fence means an open fence made of upright pales or slats. c. Wrought iron means an open fence made of the type compounds formed of iron that has been beaten out or shaped by hammering rather than cast. d. Other like or similar ornamental fences as approved by the zoning inspector which meet the criteria set forth above 4. Chain link fence means a fence usually made of metal consisting of loops or wire interconnected any series of joined links. 5. Barb wire fence means a fence made with metal wire having sharp points or barbs along its length. APPLICATION The provisions of this chapter shall apply to any zoning district except where expressly provided herein. FENCE STANDARDS FOR ALL DISTRICTS 1. Permit and Inspection Required: No fence shall be constructed prior to the issuance of a permit by the Village Zoning Inspector. Applications for permit shall include plans or drawings showing the actual and accurate shape and dimensions of the property on which the fence is to be built; the exact height, location, length, type of material, color, and type of construction of proposed fence; the location of all buildings on the lot; or any other information deemed necessary by the Sunbury Zoning Inspector. The Sunbury Zoning Inspector shall review each application to determine its compliance with the provisions of this Ordinance. Each property owner shall determine property lines and certify that the proposed fence does not encroach upon another lot or parcel of land. The issuance of a permit by the Village shall not be construed to mean the Village has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed herein. 2. Materials, Maintenance, and Repair: Approved fencing and wall materials include stone, brick, wood, metal, synthetic look-a-like products or other materials including hedges or other non-invasive plants as approved by the Sunbury Planning and Zoning Commission. Chain link fences shall be permitted for use on single family lots provided that they are located in the side or rear yard and approved by the Zoning Inspector. The smooth finished side of the fence shall be the side of the fence that faces outward from the yard being fenced. All of the framing or support members shall face the property

5 owner (inward). Fences and walls shall be maintained in good repair, be structurally sound, and be attractively finished at all times by the owner and/or occupant of the lot on which they are located. 3. Uniform Design: Whenever a development identification fence is proposed along a public or private right-of-way or there is an existing fence in the development, proposed fencing should be uniform in design and color. 4. Height and Location The permitted height of a fence shall be determined by its location on the property as follows: a) Front yards: Ornamental fences only may be erected in front yards. Ornamental fence means a fence constructed for its beauty or decorative effect, and having not less than fifty percent (50%) of the area of its vertical plan open to light and air. Examples of permitted ornamental fences are picket fence, split rail fence, wrought iron fence, and others by approval of the Sunbury Planning and Zoning Commission. Fence must be parallel to the building line to a height not exceeding three and onehalf (3 ½) feet and not nearer than one foot to the street right of way. Chain link and privacy fences are not permitted in front yards. b) Side and rear yards: (i) Ornamental fences may be erected in side and rear yards up to and parallel with a common property line to a height of not more than six feet. (ii) Chain link fences subject to the standards set forth herein shall be permitted in side and rear yards parallel to and adjacent to a common property line to a height of not more than six feet. (iii)privacy fences shall be permitted in rear and side yards only. Privacy fences in side yards may extend no closer than 20 feet to the front corner of the primary structure. Such fences shall not exceed six (6) feet in height above the natural grade. Privacy fence means a fence made to inhibit public view and provide seclusion and having more than fifty percent (50%) of the area of its vertical plane closed to light or air. c) Corner Lots: Where a rear or side yard abuts a street, privacy fences otherwise permitted in a side or rear yard shall not extend into required side or rear yards on the street side absent prior approval of the Sunbury Planning and Zoning Commission, provided however, that this provision shall not prohibit permitted rail or split rail fence is erected in such side or rear yards parallel to and not nearer than 1 foot to the side or rear property line, height not to exceed four (4) feet above the natural grade. 5. All fences on a single parcel shall have a unified style for all fence segments visible from off the premises from any single direction unless otherwise approved by the Sunbury Planning and Zoning Commission.

6 6. Fences are prohibited to extend further than the existing sidewalk. If no sidewalk exists and inadequate room exists within the existing right of way, the fence may be required to be set back far enough to allow the installation of a future sidewalk if deemed necessary in the discretion of the Zoning Inspector. 7. The Sunbury Planning and Zoning Commission may permit other fences which are similar in character and design to one or more of the fences permitted herein. 8. Prohibited Fences: Unless provided for elsewhere in this chapter, the following fences and walls are prohibited: a. Above-ground electrified fences, barbed wire, razor wire or sharp edged fences. b. Snow fencing except during the appropriate weather conditions Construction fencing is prohibited except during active construction and must be removed within 14 days of completion of construction. 9. Appeal: Should the Zoning Inspector fail or refuse to issue (deny) a permit after proper application has been made therefor, a person may appeal the failure or refusal to the Planning and Zoning Commission. The Planning and Zoning Commission shall have the power to approve applications upon appeal and the power to permit variances after hearing in accordance with the established rules and procedures of the Sunbury Planning and Zoning Commission. The power to grant variances to this chapter shall include, but not be limited to, the authority to grant variances with respect to prohibited fences. A person seeking a variance in the planning and zoning commission shall follow all the rules and procedures currently in force for the granting of variances as set forth in the relevant provisions of the Sunbury Zoning Code. 10. Fee: Anyone desiring to build or install a fence in the Village of Sunbury shall pay an application fee as provided by council. 12. Easements: A fence may be located within an easement provided the fence is not prohibited by the express terms of the easement and provided the fence will not prohibit the purpose of the easement. A fence removed within an existing easement shall be replaced within a reasonable amount of time not to exceed 30 days, weather permitting, and the responsibility for replacment will be as provided in the terms of the written easement or in default of a clear obligation in the written easement upon the property owner. Nothing herein shall require a fence completely removed from an easement to be replaced if not desired by the property owner 13. Nonconforming Fences: Fences existing as of the date of the enactment of this ordinance shall be allowed to remain. Replacement of nonconforming fences shall be made in compliance with the terms of the fence provisions in existence as of the time of the replacement.

ARTICLE 6.07 FENCES Division 1. Generally

FENCE REGULATIONS ARTICLE 6.07 FENCES Division 1. Generally Sec. 6.07.001 Definitions For the purpose of this article, the following terms, phrases and words shall have meanings respectively ascribed to