Independence amends ordinance on fences, hedges and walls – cleveland.com

INDEPENDENCE, Ohio -- The city has approved changes to its policies on fences, hedges and walls for both residents and businesses after a proposal from the building official.

The existing ordinance regarding fence type, fence height and placement of shrubbery had led to several questions and issues regarding property lines, neighbors and distances according to a letter from Building Official Michael Gero to Mayor Greg Kurtz.

The proposed changes were suggested to provide clarity and specification for residents and business owners.

The (modified) ordinance requires the property owner who is seeking a permit to verify property lines, notify adjacent property owners and resolve any potential conflicts before requesting the variance, Gero said.

The original ordinance -- Chapter 1363, according to codelibrary.amlegal.com -- outlined the rules for fence construction, gave height limitations for fences and said the Board of Zoning Appeals may permit exceptions to the restrictions on fences and walls when necessary.

The proposed changes add more information to the ordinance.

Gero outlined the additions: It specifies permit application requirements, eliminates the survey requirement specifies location requirements, (and) clarifies language which requires that any fence be installed in a location that allows the property owner, or their agent, to perform maintenance without entering any adjoining property.

These changes clarify that it is the property owners responsibility to identify property lines and communicate about their planned fence, wall or hedge construction with the owners of adjacent properties.

Gero said during the January City Council meeting, We are adding statements where the city is not approving, we are not responsible; but our goal now is if someone applies for a fence permit, my vision would be to have somebody from the city meet with the property owner and the neighbor to make sure that they both agree, or at least understand what the intent is.

He said that if a neighbor challenges the fence construction or location, it is the responsibility of the property owner who is requesting the variance to resolve the issue.

During the City Council meeting, Councilperson Tom Narduzzi said: Its a very uncomfortable situation for Mike, the Building Department, the person putting the fence up and the neighbor when things dont work out the way they are supposed to. It gets a lot of people involved that really shouldnt be involved. So, I think the mayor is doing the right thing by changing this legislation.

A resident must now provide a scale drawing with the location, height and type of fence, as well as the distance from structures, easements and swales. The city will inspect the property to ensure that the fence is constructed the way it is laid out in the plan submitted as part of the process for obtaining a permit.

Temporary fences that protect vegetation are exempt from needing a permit and must not be higher than 6 feet nor closer than 10 feet from a property line.

The changes to the ordinance also dictate the actual construction of a fence, including not being located within 3 feet of an adjoining propertys driveway or parallel structure, and having a gate to provide access for safety forces.

Gero said this is not a retroactive ordinance, meaning that any existing fencing can remain installed as it is.

Kurtz signed the legislation for these changes to take effect on Jan. 12, following the City Council meeting.

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Independence amends ordinance on fences, hedges and walls - cleveland.com