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28-09 OrdinanceRECORD OF ORDINANCES 28-09(Amended) Ordinance No. Form Yo. ~QU~ Passed , 20 - - ~ AN ORDINANCE AMENDING SECTIONS 153.080, 081, 082, 083 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING FENCES (CASE NO. 09-031ADM) WHEREAS, it is necessary from time to time to amend the Code in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, Sections 153.004 and 153.080-083 of the Dublin Codified Ordinance contain information related to maintenance of the fences in the City of Dublin; and WHEREAS, the purpose of this Code amendment is to provide for certain regulations related to requirements for fences and their maintenance within the City; WHEREAS, the City desires to create regulations that permit regular maintenance of fences in mature areas of the City with high quality materials while providing clear regulations and processes so that appropriate improvements can be achieved, after review and approval as part of the development review process; and WHEREAS, the Planning and Zoning Commission reviewed the Ordinance on June 11, 2009, and recommends the adoption of the Ordinance because it serves to improve the health, safety and welfare of the citizens of the City of Dublin; NOW, T~~FORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Chapter 153.004 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: § 153.004 APPLICATION. (A) New development. New development including the subdivision of land, construction and the use of land or structures shall conform with the regulations for the zoning district in which such development is located. (1) New s„bdivision. The subdivision or resubdivision of land shall not create lots less than the minimum size required for the zoning district in which such land is located nor shall lots be provided or intended for uses not allowed in the zoning district. (2) New structures. New structures and/or developments shall be permitted only on lots subdivided to meet the requirements of this chapter and in accordance with the subdivision regulations of the municipality and shall conform with the development standards of the zoning districts in which such construction is permitted, except as is otherwise provided for in division (C)(1) below. (3) New uses. Any new use of land or a structure shall be a permitted use or a conditional use for the zoning district in which such use is to be located. (4) Determination of use. In the case of any use of land or structure which cannot readily be determined to be a permitted, conditional or prohibited use within a zoning classification or within any zoning classification, any person may submit to the Manager an application for determination whether the use is either a permitted or conditional use in a specific zoning classification or in any zoning classification of the zoning regulations. A decision shall be made by the Manager who in turn shall notify Council prior to their following meeting of the action RECORD OF ORDINANCES Darion Lc,al Blank. Inc. O~ctinnnce No. 28-09(Amended) Page 2 of 9 Passed , ~0 lie has taken and Council shall have the right to override that decision. The determination by the Manager shall be for the purpose of enabling the applicant to otherwise comply with the zoning regulations regarding necessary applications or permits to be obtained and the decision shall in no way act as a commitment by the Planning and Zoning Commission or any other agency of the municipality as to future zoning, approval of conditional uses or any other zoning matter. (B) Existing conforming lots, structures or uses. Lots, structures or the use of lots and/or structures which conform with the regulations of the zoning district in which they are located maybe continued; and maybe altered, extended or changed in accordance with the following: (1) Conforming lots. A conforming lot maybe changed, altered, enlarged or reduced in dimension, provided however, that the remaining lot and/or resulting lots shall conform to the development standards for the zoning district in which the lot is located. (2) Conforming structure. A conforming structure may be altered, reconstructed or extended only in such manner as will comply with the development standards of the zoning district in which the structure is located. (3) Conforming use. A conforming use maybe expanded, modified or changed only in such a manner as will comply with the permitted use, or conditional use regulations and with the development standards of the zoning district in which the conforming use is located. (C) Nonconforming lots, structures or uses. Existing lots, structures and accessory development or the use of lots and/or structures which would be prohibited under the regulations for the zoning district in which they are located shall be considered as nonconforming. A nonconforming use in violation of a provision of the zoning ordinance shall not be validated by the adoption of the zoning ordinance. Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board. It is the intent of this chapter to permit these nonconforming situations to continue until they are removed, but not to encourage their continued use or expansion, except as follows: (1) Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Board of Zoning Appeals in accordance with the provisions of ~ 153.231(H).Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district in which such ownership is located. (2) Nonconforming structures and development. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with the regulations of the zoning district in which they are located maybe altered, reconstructed or extended only in such manner that the alteration, reconstruction or extension will RECORD OF ORDINANCES Ordinance No. 28-09(Amended) Page 3 of 9 Passed 20 comply with the development standards of the zoning district in which the structure and/or accessory development is located. Such alteration, reconstruction or extension shall include such additional development and compliance with the development standards of the zoning district as would be required of a new structure and/or accessory development to the extent practicable and so that the spirit and intent of the development standards are accomplished. (a) Exemptions. See Section 153.080. (3) Nonconfor~azing uses. The nonconforming use of a lot and/or a structure maybe continued, expanded or changed subject to the following: (a) Change of a nonconforming use shall be allowed to a permitted use of the zoning district in which the nonconforming use is located. (b) On approval of an appeal to the Board of Zoning Appeals a nonconforming use maybe changed to a use found to be more nearly in character with the zoning district in which the nonconforming use is located. (c) On approval of an appeal to the Board of Zoning Appeals a nonconforning use maybe expanded within an existing structure manifestly arranged or developed for such use. (d) No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of at least two years. The nonconforming use of any structure damaged by fire, explosion, flood, riot or act of God maybe continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner until completed. (D) Annexed territory. Territory annexed to the municipality after the effective date of the zoning ordinance shall be automatically rezoned to the R -Rural District as soon as such property is accepted by Dublin City Council. (1) Newly annexed township property shall be, as far as legally practicable, subject to regulations and procedures contained in this chapter and amendments thereto. (2) Newly annexed property may be rezoned, pursuant to the procedures outlined in this chapter, upon the application of the landowner. ('80 Code, ~ 1121.02)(Ord. 21-70, passed 7-13-70; Am. Ord. 51-81, passed 12-21-81; Am. Ord. 52-02, passed 4-8-02; Am. Ord. 28-08, passed 5-19-08) Section 2. Chapter 153.080 through 153.083 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: FENCES § 153.078 PURPOSE AND SCOPE. The purpose of these provisions is to establish regulations controlling the use and type offences, hedges, or walls. This is for the conservation and protection of property, the RECORD OF ORDINANCES D:ro[on Lceul Blank, Inc. _ Form \o. _004= 28-09(Ainended) Page 4 of 9 Orcti~zarzce No. Passed . 20 I 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. (Ord. 7~-98, passed 3-20-00) § 153.079 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning. FENCE -GENERAL. The word FENCE shall in general terminology mean any structure composed of wood, metal, stone, plastic, or other natural and permanent material erected in such a manner and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises, or other structures supporting, or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the word FENCE. Structures erected other than on lot lines or within five feet of lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises, separating premises from adjoining premises, hedges, retaining walls, or radio controlled fences, shall not be included within the definition of the word FENCE. Permitted solid fences are: (A) HEDGE. A row of dense, closely spaced living plant material composed of vines, trees, shrubs, bushes or combination thereof. (B) 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) BOARD ONBOARD or ALTERNATING BOARD ONBOARD. 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 other 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. (C) 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: RECORD OF ORDINANCES Dayton, Leal Blank, Inc Ordifzan~ce No. 28-09(Amended) Page 5 of 9 Passed r°~rta. ~o~~~_ 20 -i- (1) PICKET FENCE. A partially open fence made of upright wooden poles or slats. This fence maybe 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. (D) OPEN FENCE. A fence constructed for its functional, ornamental or decorative effect and, when viewed at right angles, having not less than 50% 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 devises 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 including vinyl plastic- coated or painted varieties. (3) ELECTRIFIED FENCE. All fences or structures, with a device or object that emits or produces an electric 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. 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" X 3" and designed in a horizontal grid. (5) WROUGHT IRON FENCE. A fence constructed of metal, including aluminum, iron or steel, pipe, 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 CONTROLLED FENCE. The use of insulated wire (typically low voltage and located underground) to transmit a radio signal to a receiving device. Radio controlled fences are exempt from these regulations. (7) RETAINING WALL. 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 two elevation levels to be placed adjacent to each other with an abrupt vertical change between them. (8) ACCENT FENCE. A fence that is used solely for ornamental purpose and does not enclose or partially enclose an area. (Ord. 75-98, passed 3-20-00) § 153.080 REGULATIONS ON USE. RECORD OF ORDINANCES Ordinance No. 28-09(Amended) Page 6 of 9 Passed . 20 (A) Regulations -general. Except as otherwise specifically permitted herein, no fence or wall shall exceed four feet in height. Supporting members for wall and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. No fence or wall shall be constructed in any platted no-build zone, conservation/no disturb zone, floodway, floodplain or drainage easement for any parcel or subdivision which would be detrimental to the public health, safety and welfare. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening. (1) The fence, wall, or hedge shall not be permitted 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. (2) The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. The height of the fence may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations. (B) Permitted fencing. Fences shall be permitted as follows, except as otherwise specifically permitted herein. (1) Open fences. (a) Open or partially open, (ornamental 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 maybe located only within the buildable area of the lot. These fences maybe used to enclose the entire perimeter of the rear yard if the total lot area is greater than 30,000 square feet. (b) Partially open or open accent fences shall be located within the buildable area forward of the primary structure if limited to four feet in height and designed to only partially enclose an area. These fences are permitted forward of the building line along scenic roadways but cannot exceed three feet in height and serve only an ornamental purpose. Fences within the front yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections. (2) Solid fences. Solid fences shall be permitted in all zoning districts only in rear yards. Solid fences shall be no greater than four feet in height, unless otherwise permitted herein, and shall not be used to enclose the entire perimeter of the property. Such fences shall be located within the buildable area of the lot and only be used to enclose a deck or patio. Solid fences shall not be located within 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 cannot 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) Clzain link fences. Chain link fences shall only be permitted in commercial zoning districts. Such fences may not be placed forward of RECORD OF ORDINANCES 28-09(Amended) Ordinance No. Page 7 of 9 Passed . ~0 the primary structure and are restricted to side and rear yards. Such fences maybe erected parallel to and on, or approximately on, the common property line to a height not exceeding six feet above the established grade. Permitted chain link fences shall be painted black or shall have a black plastic or vinyl coating. (4) Hedges. Hedges shall be permitted in all zoning districts. Hedges shall not be located within any no build zone, conservation zone/no disturb zone, drainage easement, floodway, flood plain or other area which would be detrimental to the public health, safety or welfare. (S) Arbors,- trellises. Arbors or trellises shall be permitted in all zoning districts. Arbors or trellises, which are detached from the building, may encroach on a required side yard, side yard which abuts a street and forward 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 SO% open. (C) Prohibited fencing. (1) Electrified, barbed wire, razor wire, and stockade fences are hereby prohibited in all zoning districts. This prohibition shall not be construed to prohibit electrified and/or barbed wire fences when used in conjunction with a purely agricultural use as defined by the Ohio Revised Code. (2) Vinyl clad, plastic or pvc (poly vinyl chloride) fences are hereby prohibited in all residential districts. (D) Other fencing. The Zoning Administrator or designee may permit other fences similar in character and design to one or more of the permitted fences herein, upon application. ('80 Code, ~ 1309.04) (Ord. 75-98, passed 3-20-00; Am. Ord. 18-07, passed 4-9-07) § 153.081 PERMIT AND INSPECTION. Any fences which maybe permitted shall require the issuance of a Certificate of Zoning Plan Approval after the same has been approved. (A) Upon permit application, each property owner shall provide the following: (1) Name and address of the owner of the lot for which the permit is requested. (2) Name and address of the person, firm or corporation that will carry out the actual installation. (3) An overall plot plan including the shape and dimensions of the lot together with the location, material, height and location of all proposed and existing fences, potential visibility conflicts and the drainage flow across the lot. Section and elevation views of the proposed fence RECORD OF ORDINANCES Ordil~ance No. 28-09(Amended) Page 8 of 9 Passed . 20 detailing its construction and method of fixture to the ground should also be submitted. 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 inspection, as is deemed necessary, to determine that the fence is constructed in accordance with plans submitted for permit, provided however, that such determination by the municipality shall not be construed to mean the municipality has verified the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him/her herein. (Ord. 75-98, passed 3-20-00) § 153.082 MAINTENANCE. A. Permitted fences, walls, shrubbery, hedges or structures shall be maintained in good condition, be structurally sound and completely finished at all times. Any grounds between such fences, walls, shrubbery, hedge or structures and property lines shall be well maintained at all times by the appropriate property owner. Supporting members for walls and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. B. Normal Repairs and Maintenance. None of the provisions of this Code shall be interpreted to prevent normal repairs and maintenance or to strengthen or correct any unsafe condition of any fence. C. Nonconforming Materials. Except that any maintenance that replaces more than ten percent (10%) of the surface area of an existing fence, which has non- conforming materials, within a twelve (12) month period shall require reconstruction of the entire fence with a material permitted by this ordinance. (Ord. 75-98, passed 3-20-00) § 153.083 COMPLIANCE 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. (C) Not withstanding any other provision in this Code, in all residential districts fences erected prior to the effective date of Ord. 75-98 shall not be considered non-conforming structures and shall be permitted to be replaced in the same location and at the same or lesser height as existed on the effective date of Ord. 75-98. In addition, the replacement fence shall be of a material as provided in ~ 153.080 (C). A Certificate of Zoning Plan Approval shall be required. RECORD OF ORDINANCES Ordinance No. 28-09(Amended) Page 9 of 9 Passed 20 _- - - + (Ord. 75-98, passed 3-20-00) Section 3. This Ordinance shall take effect on the earliest date provided by law. Passed this ~, day of , 2009. ~n -Presiding Officer ATTEST: Clerk of Council CITY OF DUBLN Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council ---j . From: Terry Foegler, City Manager p // ~~; Date: June 12, 2009 Initiated By: Steve Langworthy, Director, Land Use and Long Range Planning Memo Re: Ordinance 28-09 (Amended) -Amending Sections 153.004 and 153-079 - 153.083 of the Dublin Zoning Code regarding Non-Conforming Fences Summary At the May 4, 2009 City Council meeting, Council requested information regarding provisions in the Zoning Code that regulate the location and types of fences and the consequences of the 2000 Code amendments on fences that existed prior to those changes. At the May 18 Council meeting, Council determined that an additional Zoning Code amendment was needed and directed Planning to prepare language for Council's consideration. Ordinance 28-09 received a first reading by Council on June 1, where it was referred to the Planning and Zoning Commission for review and recommendation. The Commission reviewed the proposed ordinance on June 11 and voted to recommend Council approval of the proposed amendment with certain modifications, as noted in the attached Record of Action of that meeting. First Reading- City Council Comments At the first reading of Ordinance 28-09, Council members expressed concerns regarding the proposed language concerning fencing materials. Council's desire was to ensure that only materials permitted by current Code could be used for replacement fences. In addition, there was the desire for a limitation percentage for replacement of non-conforming materials that would trigger full compliance with the materials permitted by current Code. The related language was amended by staff for review by the Planning and Zoning Commission. Current Zoning Code The Code was amended in 2000 to have a more uniform approach to fence regulations across the community and to be more consistent with deed restrictions and PUD texts which had stricter fence rules than the City's Code. The Code amendment reduced the maximum permitted height of fences to four feet and restricted their location to the buildable area of the lot in all zoning districts. An exception was made for lots larger than 30,000 square feet, where fences are permitted along the property line. Non-ConfoYnzaties Currently, the Code permits the alteration of non-conforming fences (those taller than four feet or located outside of the buildable area of the lot) only if the structure is brought into compliance with current regulations. While the precise number of non-conforming fences is not known, it is likely that many built prior to the 2000 amendment do not currently conform to the Code. Memo re. Ordinance 28-09(Amended) -Code Amendment re. Non-Conforming Fences June 12, 2009 Page 2 of 2 Currently, normal maintenance on non-conforming fences is permitted, such as repairheplacement of missing, deteriorated or weather-damaged materials. However, if materials are removed by the owner for any other reason, the fence loses its non-conforming status and must conform to the cun'ent regulations. Recommendation of the Planning and Zoning Commission The Planning and Zoning Commission heard the proposed Code modification at their June 11, 2009 meeting and discussed minor clarifications to the language. Specifically, the Commission requested that the language "lineal distance" be removed from Section 153.082 B. and that the language instead use "surface area" of the fence as the measurement for material compliance. The Commission also requested that the language in this Section be clarified to be applicable only to existing fences that are non-conforming due to fencing material. Planning suggested creating a new paragraph C. Norzcorzfonning Material. and moving the requirement that addresses the replacement ofnon-conforming material with permitted material from Section B. to the new Section C. The Commission also added that only a fence with non-conforming material would require full reconshuction. The Commission voted to recommend Council approval of the proposed Code amendment with the modifications incorporated into Ordinance 28-09(Amended). Recommendation Council's direction was to provide a Code amendment that includes maintenance and replacement provisions for non-conforming fences that existed prior to 2000. The proposed regulation [Section 153.083 (C)) declares fences that were lawfully constructed prior to the date of the 2000 amendment to be considered conforming. The proposed regulation also permits an existing fence to be replaced in the same location, at the existing height and with the same materials as permitted by Code. A provision was added to Section 153.082 to clarify maintenance of existing fences. Planning recommends City Council approve Ordinance 28-09(Amended) at the second reading/public hearing on June 15, 2009. TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) AN ORDINANCE AMENDING SECTIONS 153.080, 081, 082, 083 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING FENCES (CASE NO. 09-031ADM) WHEREAS, it is necessary from time to time to amend the Code in order to protectthe health, safety and «~elfare of the citizens of the City of Dublin; and WHEREAS, Sections 153.044 and 153.080-083 of the Dublin Codified Ordinance contain information related to maintenance of the fences in the City of Dublin; and WHEREAS, the purpose ofthis Code amendment is to provide for certain regulations related to requirements for fences and their maintenance within the City; WHEREAS, the City desu•es to create regulations that permit regular maintenance of fences in mature areas of the City with high quality materials while providing clear regulations and processes so that appropriate improvements can be achieved, after review and approval as part of the development review process; and WHEREAS, the Planning and Zoning Commission reviewed the Ordinance on June 11, 2009, and recommends the adoption of the Ordinance because it serves to improve the health, safety and welfare of the citizens of the City of Dublin; NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublu7, State of Ohio, of the elected members concurring that: Section 1. Chapter 153.004 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: § 153.004 APPLICATION. (A) New development. New development including the subdivision of land, construction and the use of land or structures shall conform with the regulations for the zoning district in which such development is located. (1) New subdivision. The subdivision or resubdivision of land shall not create lots less than the minimum size required for the zoning district in which such land is located nor shall lots be provided or intended for uses not allowed in the zoning district. (2) New structures. New structures and/or developments shall be permitted only on lots subdivided to meet the requirements ofthis chapter and in accordance with the subdivision regulations of the municipality and shall conform with the development standards of the zoning districts in which such construction is permitted, except as is otherwise provided for in division (C)(1) below. (3) New uses. Any new use of land or a structure shall be a permitted use or a conditional use for the zoning district in which such use is to be located. (4) Determination of use. In the case of any use of land or structure which cannot readily be determined to be a permitted, conditional or prohibited use within a zoning classification or within any zoning classification, any person may submit to the Manager an application for determination whether the use is either a permitted or conditional use in a specific zoning classification or in any zoning classification of the zoning regulations. A decision shall be made by the Manager who in turn shall notify Council prior to their following meeting of the action TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) Page 2 he has taken and Council shall have the right to override that decision. The determination by the Manager shall be for the purpose of enabling the applicant to otherwise comply with the zoning regulations regarding necessary applications or permits to be obtained and the decision shall in no way act as a commitment by the Planning and Zoning Commission or any other agency ofthe municipality as to future zoning, approval of conditional uses or any other zoning matter. (B) Existing conforming lots, structures or uses. Lots, structures or the use of lots and/or structures which conform with the regulations of the zoning district in which they are located may be continued; and may be altered, extended or changed in accordance with the following: (1) Conforming lots. A conforming lot may be changed, altered, enlarged or reduced in dimension, provided however, that the remaining lot and/or resulting lots shall conform to the development standards for the zoning district in which the lot is located. (2) Conforming structure. A conforming structure maybe altered, reconstructed or extended only in such manner as will comply with the development standards of the zoning district in which the structure is located. (3) Conforming use. A conforming use may be expanded, modified or changed only in such a manner as will comply with the permitted use, or conditional use regulations and with the development standards of the zoning district in which the conforming use is located. (C) Nonconforming lots, structures or uses. Existing lots, structures and accessory development or the use of lots and/or structures which would be prohibited under the regulations for the zoning district in which they are located shall be considered as nonconforming. A nonconforming use in violation of a provision of the zoning ordinance shall not be validated by the adoption of the zoning ordinance. Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board. It is the intent of this chapter to permit these nonconforming situations to continue until they are removed, but not to encourage their continued use or expansion, except as follows: (1) Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Board of Zoning Appeals in accordance with the provisions of § 153.231(H).Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district in which such ownership is located. (2) Nonconforming structures crud development. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with the regulations of the zoning district in which they are located may be altered, reconstructed or extended only in such manner that the alteration, reconstruction or extension will TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) Page 3 comply with the development standards of the zoning district in which the structure and/or accessory development is located. Such alteration, reconstruction or extension shall include such additional development and compliance with the development standards of the zoning district as would be required of a new structure and/or accessory development to the extent practicable and so that the spirit and intent of the development standards are accomplished. (a) Exemptions. See Section 153.080. (3) Nonconforming uses. The nonconforming use of a lot and/or a structure may be continued, expanded or changed subject to the following: (a) Change of a nonconforming use shall be allowed to a permitted use of the zoning district in which the nonconforming use is located. (b) On approval of an appeal to the Board of Zoning Appeals a nonconformng use may be changed to a use found to be more nearly in character with the zoning district in which the nonconforming use is located. (c) On approval of an appeal to the Board of Zoning Appeals a. nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use. (d) No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of at least two years. The nonconforming use of any structure damaged by fire, explosion, flood, riot or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner until completed. (D) Annexed territory. Territory annexed to the municipality after the effective date of the zoning ordinance shall be automatically rezoned to the R -Rural District as soon as such property is accepted by Dublin City Council. (1) Newly annexed township property shall be, as far as legally practicable, subject to regulations and procedures contained in this chapter and amendments thereto. (2) Newly annexed property maybe rezoned, pursuant to the procedures outlined in this chapter, upon the application of the landowner. ('80 Code, ~ 1121.02)(Ord. 21-70, passed 7-13-70; Am. Ord. 51-81, passed 12-21-81; Am. Ord. 52-02, passed 4-8-02; Am. Ord. 28-08, passed 5-19-08) Section 2. Chapter 153.080 through 153.083 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: FENCES § 153.078 PURPOSE AND SCOPE. TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) Page 4 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. (Ord. 75-98, passed 3-20-00) § 153.079 DEFINITIONS. For the purpose ofthis subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning. FENCE -GENERAL. The word FENCE shall in general terminology mean any structure composed of wood, metal, stone, plastic, or other natural and permanent material erected in such a manner and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises, or other structures supporting, or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the word FENCE. Structures erected other than on lot lines or within five feet of lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises, separating premises from adjoining premises, hedges, retaining walls, or radio controlled fences, shall not be inchided within the definition ofthe word FENCE. Permitted solid fences are: (A) HEDGE. A row of dense, closely spaced living plant material composed of vines, trees, shrubs, bushes or combination thereof. (B) 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) BDARD ONBOARD or ALTERNATING BOARD ONBOARD. 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 maybe 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 other 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. (C) 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 TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) Page 5 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. (D) OPEN FENCE. A fence constructed for its functional, ornamental or decorative effect and, when viewed at right angles, having not less than 50% 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 devises 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 including vinyl plastic- coated or painted varieties. (3) ELECTRIFIED FENCE. All fences or structures, with a device or object that emits or produces an electric 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. 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" X 3" and designed in a horizontal grid. (5) WROUGHT IRON FENCE. A fence constructed of metal, including aluminum, iron or steel, pipe, 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 CONTROLLED FENCE. The use of insulated wire (typically low voltage and located underground) to transmit a radio signal to a receiving device. Radio controlled fences are exempt from these regulations. (7) RETAINING WALL. 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 two elevation levels to be placed adjacent to each other with an abrupt vertical change between them. (8) ACCENT FENCE. A fence that is used solely for ornamental purpose and does not enclose or partially enclose an area. TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) Page 6 (Ord. 75-98, passed 3-20-00) § 153.480 REGULATIONS ON USE. (A) Regulations -general. Except as otherwise specifically permitted herein, no fence or wall shall exceed four feet in height. Supporting members for wall and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. No fence or wall shall be constructed in any platted no-build zone, conservation/no disturb zone, floodway, floodplain or drainage easement for any parcel or subdivision which would be detrimental to the public health, safety and welfare. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening. (1) The fence, wall, or hedge shall not be permitted 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. (2) The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. The height of the fence may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations. (B) Permitted fencing. Fences shall be permitted ~ ,_ as follows, except as otherwise specifically permitted ~ec~ herein °~ (1) Open fences. (a) Open or partially open, (ornamental 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. (b) Partially open or open accent fences shall be located within the buildable area forward of the primary structure if limited to four feet in height and designed to only partially enclose an area. These fences are permitted forward of the building line along scenic roadways but cannot exceed three feet in height and serve only an ornamental purpose. Fences within the front yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections. (2) Solid fences. Solid fences shall be permitted in all zoning districts only in rear yards. Solid fences shall be no greater than four feet in height, unless otherwise permitted herein, and shall not be used to enclose the entire perimeter of the property. Such fences shall be located within the buildable area of the lot and only be used to enclose a deck or patio. Solid fences shall not be located within 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 cannot exceed three feet in height. Fences within the front yard shall be TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) Page 7 safely placed so as not to obstruct visibility at driveway or roadway intersections. (3) Chain link fences. Chain link fences shall only be permitted in commercial zoning districts. Such fences may not be placed forward of the primary structure and are restricted to side and rear yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding six feet above the established grade. Permitted chain link fences shall be painted black or shall have a black plastic or vinyl coating. (4) Hedges. Hedges shall be permitted in all zoning districts. Hedges shall not be located within any no build zone, conservation zone/no disturb zone, drainage easement, floodway, flood plain or other area which would be detrimental to the public health, safety or welfare. (5) Arbors; trellises. Arbors or trellises shall be permitted in all zoning districts. Arbors or trellises, which are detached from the building, may encroach on a required side yard, side yard which abuts a street and forward 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) Electrified, barbed wire, razor wire, and stockade fences are hereby prohibited in all zoning districts. This prohibition shall not be construed to prohibit electrified and/or barbed wire fences when used in conjunction with a purely agricultural use as defined by the Ohio Revised Code. (2) Vinyl clad, plastic or pve (poly vinyl chloride) fences are hereby prohibited in all residential districts. (D) Other fencing. The Zoning Administrator or designee may permit other fences similar in character and design to one or more of the permitted fences herein, upon application. ('80 Code, § 1309.04) (Ord. 75-98, passed 3-20-00; Am. Ord. 18-07, passed 4-9-07) § 153.081 PERMIT AND INSPECTION. Any fences which may be permitted shall require the issuance of a Certificate of Zoning Plan Approval _ ,_ ,~.~ after the same has been approved. (A) Upon permit application, each property owner shall provide the following: (1) Name and address of the owner ofthe lot for which the permit is requested. TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) Page 8 (2) Name and address of the person, firm or corporation that will carry out the actual installation. (3) An overall plot plan including the shape and dimensions of the lot together with the location, material, height and location of all proposed and existing fences, potential visibility conflicts and the drainage flow across the lot. Section and elevation views ofthe proposed fence detailing its construction and method of fixture to the ground should also be submitted. 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 inspection, as is deemed necessary, to determine that the fence is constructed in accordance with plans submitted for permit, provided however, that such determination by the municipality shall not be construed to mean the municipality has verified the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him/her herein. (Ord. 75-98, passed 3-20-00) § 153.082 MAINTENANCE. A. Permitted fences, walls, shrubbery, hedges or structures shall be maintained in good condition, be structurally sound and completely finished at all times. Any grounds between such fences, walls, shrubbery, hedge or structures and property lines shall be well maintained at all times by the appropriate property owner. Supporting members for walls and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. B. Normal Repau•s and Maintenance. None of the provisions of this Code shall be interpreted to prevent normal repairs and maintenance or to strengthen or 1 .,Jr correct any unsafe condition of any fence. ~'-°,~„++'~•~+ __ , ____ ~,+~~,•,~,-~ +', •,+ „1.,,,:,~, , +h.,., +,,., .. .,+ /1 no%~ ,.4•+b.,, 1;.,.x.,1 ,~;r+.,,.,,,, „f +h,, ~ ,.-f.,,,„ C. Nonconforming Materials. Except that any maintenance that replaces more than ten percent (10%) of the surface area of an existing fence, ~j~hich has non- conforming materials, ~~~ithin a tr~~elve (12) month period shall require reconstruction of the entire fence ~~~ith a material permitted by this ordinance. (Ord. 75-48, passed 3-20-00) § 153.083 COMPLIANCE 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. TEXT CHANGES REDLINED NEW TEXT HIGHLIGHTED CHANGES MADE BY PZC HIGHLIGHTED 28-09(Amended) Page 9 (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. (C) Not ~~~ithstanding any other provision in this Code, in all residential districts fences erected prior to the effective date of Ord. 7~-98 shall not be considered non-conforming structures and shall be permitted to be replaced in the same location and at the same or lesser height as existed on the effective date of Ord. 7~-98. In addition, the replacement fence shall be of a material as proj~ided in ~ 1 X3.080 (C). A Certificate of Zoning Plan Approval shall be requu•ed. (Ord. 7~-98, passed 3-20-00) Section 3. This Ordinance shall take effect on the earliest date provided by law. Passed this day of , 2009. Mayor -Presiding Officer ATTEST: Clerk of Council D~~~'T PLANNING AND ZONING COMMISSION RECORD OF ACTION Lando:e and JUNE 11, 2009 Long Range Planning 5800 Shier-Rings Rood Dublin, Ohlo 4 30 1 6-1 23 6 Phone/ TDD:614-410-4600 Fax: 614-410-4747 Web Site: www.dublin.oh.us The Planning and Zoning Commission took the following action at this meeting: 2. Nonconforming Fence Maintenance Code Amendment 09-031ADM Administrative Request Proposal: Modifications to Code Sections 153.004 and 153.080 through 153.083 to include a maintenance and replacement provision for nonconforming fences that existed prior to 2000. Request: Review and recommendation of approval to City Council of a Code amendment under the provisions of 153.234. Planning Contact: Steve Langworhty, Director. Contact Information: (614) 410-4653, slangworthy@dublin.oh.us. MOTION: To recommend approval to City Council of this Administrative Request because it permits regular maintenance offences in mature areas of the city, with the following condition: Condition 1) That Section 153.082 (B) be amended, and that Section 153.082 (C) be added as follows: B. Normal Repairs and Maintenance. None of the provisions of this Code shall be interpreted to prevent normal repairs and maintenance or to strengthen or correct any unsafe condition of any fence. C. Nonconforming Materials. Except that any maintenance that replaces more than ten percent (10%) of the surface area of an existing fence, which has non- conforming materials, within a twelve (12) month period shall require reconstruction of the entire fence with a material permitted by this ordinance. VOTE: 5 - 0. RESULT: This Administrative Request was approved. STAFF CERTIFICATION Steve Langworthy Director PLANNING RII;P012T PLANNING AND ZONING COMMISSION C;iY t)I I}3IL€~i.. lend gsa and JUNK 11, 2009 Long ApngB Plnnning 58Cg ShiervHingi Road DoUlin, Ohb A3016~1236 Phone/IUD; 6I4dIGAdgg Fax: 61 A~A IO~A)A) WeU Sila: viww.dubl'm.ohus S1;CTION I - CAS>J INFORMATION 2. Nonconforming Fence Maintenance Code Amendment 09-031ADM Administrative Request Proposal: Modifications to Code Sections 153.004 and 153.080 through 153.083 to include a maintenance and replacement provision for nonconforming fences that existed prior to 2000. Request: Review and recommendation of approval to City Council of a Code amendment under the provisions of 153.234. Planning Contact: Steve Langworthy, Director. Contact Information: (614) 410-4653, slangworthy adublin.oh.us. Case Summary '1"his is a request for review and recommendation for amendments to Section 153.004 and 153.080 through 153.033 of the Dublin Zoning Code to permit regular maintenance of nonconforming fences. The proposed Code revisions require review and recommendation by the Planning an<t Zoning Commission, which will be forwarded to City Council for final consideration. Planning recommends approval of the proposed amendments. Case Background At the May 4, 2009 City Council meeting, information was requested regarding provisions iu the Toning Code that regulate the location and types of fences and the consequences of a Code amendment enacted in 2000 on fences that existed prior to those changes. At the May 18, 2009 meeting, Council determined a Zoning Code amendment allowing replacement and maintenance of nonconforming fences was appropriate. 'the first reading of the ordinance was introduced at the June 1, ?.009 Council meeting and referred to the Planning and Zoning Commission for a recommendation. Council discussed some refinements to the proposed language to ensure only permitted materials would be used and a percentage of the fence change requiring full replacement was included in Che amendment. Planning has addressed these comments in the; proposed ordinance. Fence Code History The Code was amended in 2000 to create a more uniform approach to fence regulations throughout the community and to be more consistent with deed restrictions and PUD Dublin Planning and Toning Commission Planning Report -June 11, 2009 Application No. 09-031ADM -Page 2 of 3 feet and restricted their location to the buildable area of the lot in all coning districts. The Code amendment also included an exception for lots larger than 30,000 square feet, where fences are permitted along the property line. Nvn-Conformities Currently, the Code pea'mits the alteration of non-conforming fences (those taller than four feet or Located outside of the buildable area of the lot) only if the fence structure is brought into compliance with current regulations. While the precise number of non- conforming fences is not known, it is clear that many built. prior to the 2000 amendment do not currently conform to the Code. Non-conforming fences are currently permitted normal maintenance activities, such as replacement of missing or deteriorated pieces, or can be repaired if damaged by an Act of Uod. However, once removed by the owner for auy other reason, the new fence loses its non-conforming status and must conform to the current regulations. Proposed Amendments The solution sought by Council is to adopt a Code amendment that includes a maintenance and replacement provision for non-conforming fences that existed prior to 2600 (tlae adoption of the present fence related language in the Code). The proposed regulation (153.083 (C)) declares fences that were lawfully constructed prior to the date of the 2000 amendment to be considered conforming. The proposed regulation also permits an existing fence to be replaced in the same location, at the existing height and with materials permitted within Section 153.080. This will allow a fence constructed with a permitted material, but a height that exceeds four feet, or a location outside of the buildable area of a lot to be replaced entirely with the same height and location. A fence that is constructed of uaterials not permitted by the Code would have to he replaced with a permitted material. A provision was also added to Section 153.082 to clarify the point at which maintenance of existing fences requires adherence to the fence Code provisions. Planning proposes that any maintenance that exceeds 10 percent of the length of the fence within a 12 motrth period be required to comply. Section 153.004 (B) Existing conforming lots, structures or uses was also amended to provide for an exception to the language on non-conformities for fences as covered in the proposed changes to the Code. SRCTION II - RI~:VI7JW STANDARDS Case Procedure: The current Code Section 153.232(B) grants the Planning and Zoning Commission the ability to review "amendments to the zoning map and to the zoning ordinance and recommendation of action to Council," The Commission should review the Dublin Planning and Zoning Commission Planning Report --June 11, 2009 Application No. 09-031 ADM -Page 3 of 3 modifications, provide input where necessary, and vote on the changes. The draft amendments will then be forwarded to City Council for final review and approval. SI/CTION III - It~COMMENllATION In Planning's opinion, the proposed amendment permits regular maintenance of fences in mature az~eas of the city with high quality materials while providing cletu• regulations and processes so that appropriate improvements can he achieved, after review and approval as part of the development review process. Planning recommends approval to City Council for the amendment. PROPOSED CODE AMENDMENT TE~LT CHAilIGES: NONE NEW TEXT HIGHLIGHTED § 153.004 APPLICATION. (A) New development. New development including the subdivision of land, construction and the use of land or structures shall conform with the regulations for the zoning district in which such development is located. (1) New subdivision. The subdivision or resubdivision of land shall not create lots less than the minimltm size required for the zoning district in which such land is located nor shall lots be provided or intended for uses not allowed in the zoning district. (2) New structures. New structures and/or developments shall be permitted only on lots subdivided to meet the requirements of this chapter and in accordance with the subdivision regulations of the municipality and shall conform with the development standards of the zoning districts in which such construction is permitted, except as is otherwise provided for in division (C)(1) below. (3) New uses. Any new use of land or a structure shall be a permitted use or a conditional use for the zoning district in which such use is to be Located. (4) Determination of use. In the case of any use of land or structure which cannot readily be determined to be a permitted, conditional or prohibited use within a zoning classification or within any zoning classification, any person may submit to the Manages an application for determination whether the use is either a permitted or conditional use in a specific zoning classification or in any zoning classification of the zoning regulations. A decision shall be made by the Manager who in turn shall notify Council prior to their following meeting of the action he has taken and Council shall have the right to override that decision. The determination by the Manager shall be for the purpose of enabling the applicant to otherwise comply with the zoning regulations regarding necessary applications or permits to be obtained and the decision shall in no way act as a commitment by the Planning and Zoning Commission or any other agency of the municipality as to future zoning, approval of conditional uses or any other zoning matter. (I3) Existing conforming lvts, structures or uses. Lots, structures or the use of lots and/or structures which conform with the regulations of the zoning district in which they are located may be continued; and may be altered, extended or changed in accordance with the following: (1) Conforming lots. A conforming lot may be changed, altered, enlarged or reduced in dimension, provided however, that the remaining lot and/or 09-031 ADM Administrative Report COdC A-Ilen(llllenl Nonconforming F'cncc Maintenance PROPOSED CODE AMENDMENT resulting lots shall conform to the development standards for the zoning district in which the lot is located. (2) Conforming structure. A conforming structure may be altered, reconstructed or extended only in suclx manner as will conxply with the development standards of the zoning district in which the structure is located. (3) Conforming use. A conforming use may be expanded, modified or changed only in such a manner as will comply with the permitted use, or conditional use regulations and with the development standards of the zoning district in which the conforming use is located. (C) Norxconfc~rnaing lots, structures or uses. F,xisting lots, structures and accessory development or the use of lots and/or structures which would be prohibited under the regulations for the zating district in which they are located shall he considered as nonconforming. A nonconforming use in violation of a provision of the zoning ordinance shall not be validated by the adoption of the zoning ordinance. Whether a nonconforming use exists shall be a question offact and shall he decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board. It is the intent of this chapter to permit these nonconforming situations to continue until they are removed, but not to encourage their continued use or expansion, except as follows: (1) Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or tot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than mininxnm lot az•eaand/or minimum [ot width shall be obtained only through action of the Board ofLoning Appeals in accordance with the provisions of § 153.231(H).Such nonconfornxitxg lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted only in accordance with the development standards of tlxe zozxing district in which such ownership is located. (2) Nonconforming structures and development. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with the regulations of the zoning district in which they are located may be altered, reconstructed or extended only in such manner that the alteration, reconstruction or extension will comply with the development standards of the zoning district in which the struchue and/or accessory development is located. Such alteration, reconstruction or extension shall include such additional development and compliance with the development standards of the zoning district as would be required of a new structure and/or accessory development to the extent practicable and 09-031 ADNI Adnxinisd alive Report Code Amendment Nonconforming Fence Mai~zlenancc PROPOSED CODE AMENDMENT so that the spirit and intent of the development standards aro accomplished. {a) I ;tiemhtinr7s. Sec Section 153.080. (3) Nonconforming uses. The nonconforming use of a lot and/or a structure tnay be continued, expanded or changed subject to the following: (a) Change of a nonconfas ming use shall be allowed to a permitted use of the zoning district in which the nonconforming use is located. (b) On approval of an appeal to the Board of Zoning Appeals a nonconforming use may be changed to a use found to be more nearly in character with the zoning district in which the nonconforming use is located. (c) On approval of an appeal to the Board of 7.,oning Appeals a nonconforming use may be expanded within an existing structure maaxifestly arranged or developed for such use. (d) No nonconforming use may he reestablished where such nonconforming use has been discontinued for a period of at least two years. The nonconforming use of any structure damaged by fire, explosion, flood, riot or act of Uod may be continued and used as before any such calamity, provided the building or structure has not been destroyed to ati extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner until completed. (D) .4nnea ecI territory. Territory annexed to the municipality after the effective date of the zoning ordinance shall be automatically rezoned to the R -Rural District as soon as such property is accepted by Dublin City Council. (1) Newly annexed township property shall be, as far as legally practicable, subject to regulations and procedures contained in this chapter and amendments thereto. (2) Newly annexed property may be rezoned, pursuant to the procedures outlined in this chapter, upon the application of the landowner. ('80 Code, § 1121A2)(Ord. 21-70, passed 7-13-70; Am. Ord. 51-81, passed 12-21-81; Am. Ord. 52-02, passed 4-8-02; Am. Ord. 28-08, passed 5-19-08) 09-031 ADNI Administrative Report Code Amen<hnent Nonconforming 1"ence Maintcnance PROPOSED CODE AMENDMENT TEXT CHANGE S REDLII~IED NEW TEXT HIGHLIGHTED FENCES § 153.078 PURPOSE AND SCOPE. 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. (Ord. 75-98, passed 3-20-00) § 153.079 DEFINITIONS. For the put•pose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning. FENCE -GENERAL. The word FENCE shall in general terminology mean any structure composed of wood, metal, stone, plastic, or other natural and permanent material erected in such a manner and positioned as to enclose ot• partially enclose any premises or any part of any premises. Trellises, or other structures supporting, or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the word FENCE. Structures erected other than on lot lines or within five feet of lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises, separating premises from adjoining premises, hedges, retaining walls, or radio controlled fences, shall not be included within the definition of the word FENCE. Permitted solid fences arc: (A) HEDGE. A row of dense, closely spaced living plant material composed of vines, trees, shrubs, bushes or combination thereof. (B) SOLID FENCE. A fence designed to inhibit public view and provide seclusion and, when viewed at right angles, having more than SO percent of its vertical surface area closed to light and air. (1) BOARD ONBOARD or ALTERNATING BOARD ON BOARD. A fence constructed of vertical wood boards or other natural and permanent 09-031 ADS Administrative Report Code Amendment Nonconforming Fence Maintenance PROPOSED CODE AMENDMENT material with one-inch nominal size boards between, or upon, a frame of 2-inch nominal members azld 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 other having more than 50% of the area of its vertical plane closed to light or air. (5) WALL,, STONE or RRICK A solid fence constructed oP stone or brick. {C) PARTIALLY OPEN I%ENCE. 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. (D) OPEN FENCE. A fence consh•ucted for its functional, ornamental or decorative effect atid, when viewed at right angles, having not less than 50% of its vertical surface area open to light and air. Permitted open ornamental fences are: (I) SECURITY or INDUSTRIAL PENCE. A fence made with metal wire having sharp points, barbs, edges or other attached devises designed to discourage physical contact along its length. (2) CTIAIN LINK FENCE. A fence usually made of metal, loops of wire interconnected in a series ofjoined links and including vinyl plastic-coated or painted varieties. (3) F,LF.,CTRIFIF.D FENCF,. All i'ences or structures, with a device or object that emits or produces an electric charge, impulse or shock when the same comes into contact with any other object or any person, animal or thing, or 09-031 ADM Administrative Report Code Amendment Nonconforming Pence Maintenance PROPOSED CODE AMENDMENT which causes or may cause bums to any person or animal. So-called wireless or radio eaatrolled fences that utilize radio signals and control collars are exchided from this definition. (4) SM007'H RAIL, SPLIT RAIL, MILLED RAIL or CON"I'EMPURARY RAIL FENCE. 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 contempoz•azy rail fences may have supplemental wire fencing or mesh attached to the interior of the fence. Such wire shad be painted or coated black. For the purpose of improved containment, the opening size shall be not less than 3" X 3" and designed in a horizontal grid. (5) WROUGHT IRON FENCE. A fence constructed of metal, including aluminum, iron or steel, pipe, 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 CONTROLLED FENCE. The use of insulated wire (typically low voltage azad located underground) to transmit a radio signal to a receiving device. Radio controlled fences are exempt from these regulations. (7} RETAINING WALL. A wall composed of wood, stone, brick or other masonry material designed to hold back a portion of higher ground fz•om a lower one. A retaining wall permits two elevation levels to be placed adjacent to each other with an abrupt vertical change between them. (8) ACCENT PENCE. A fence that is used solely for ornamental purpose and does not enclose or partially enclose an area. (Ord. 75-98, passed 3-20-00) § 153.080 RI'CULATIONS ON USI;. (A) Regulatzoras - gevzeYal. Except as othezwise specifically pez•zaaitted herein, no fence or wall shall exceed four feet in height. Supporting mcznbezs for wall and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appeazance on both sides of the fence or wall. No fence or wall shall be constructed in any platted no-build zone, conservation/uo disturb zone, floodway, floodplain or drainage easement for any parcel or subdivision which would be detrimental to the public health, safety and welfare. All portions of the property shall remain accessible froze outside the fence area by means of a gate or other opening. 0)-031 ADM Administrative Report Code Amendutent Nonconforming Pence Maintenance PROPOSED CODE AMENDMENT (1) The fence, wall, or hedge shall not be permitted 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. (2) 'I'lle height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. The height of the fence may not be anti#icially increased by the use of mounding unless otherwise required by the zoning dish•ict regulations. (B) Permitted fencing. Fences shall be permitted ~~;-rd~ as follows, except as otherwise specifically permitted t~~ec,~~i<1cd herein i+rd~ ~roittlt~~ rt~~Eil~ltiE~~ls E,1~ ~>ktae~ ~t~~tez~nEt-t~3t~i~i#3~~~~eE{li~at~ee~. (1) Open fences. (a) Open or partially open, (ornamental 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 1•ear yard if the total lot area is greater than 30,000 square feet. (b) Partially open or open accent fences shall be located within the buildable area forward of the primary structure if limited to four feet in height and designed to only partially enclose an area. These fences are permitted forward of the building line along scenic roadways but cannot exceed three feet in height and serve only an ornamental purpose. Fences within the front yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections. (2) Solid fences. Solid fences shall be permitted in all zoning districts only in rear yards. Solid fences shall be no greater than four feet in height, unless otherwise permitted herein, and shall not be used to enclose the entire perimeter of the property. Such fences shall be located within the buildable area of the lot and only be used to enclose a deck or patio. Solid fences shall not be located within 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 cannot exceed three feet in height. I~ences within the front yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections. 09-031 ADNI fldministrative Report COCK ~nlelldillellt NOnCOllf01'1111ng Fe11Ce M~ulltenSllce PROPOSED CODE AMENDMENT (3) Chain Zink fences. Chain link fences shall only Ue permitted in commercial zoning districts. Such fences may not be placed forward of the primary structure and are restricted to side and rear yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding six feet above the established grade. Permitted chain link fences shall be painted black or shall have a black plastic oz• vinyl coating. (4) /icdges. Hedges shall be permitted itt all zoning districts. Hedges shall not be located within any no build zone, conservation zone/no disturb zone, drainage easement, floodway, flood plain or other area which would be deh•imentat to the public health, safety or welfare. (5) Arbors; trellises. Arbors or trellises shall be permitted in all zoning districts. Arbors or trellises, which are detached from the building, may encroach on a required side yard, side yard which abuts a street and forward of the structure provided that: (a) "the maximum height is eight feet; (b) The maximum width is five feet; (c) 'the maximwn depth is three feet and; (d) The surface of the arbor or trellis shalt be at least SO% open. (C) Prohibi[ed,fencing. (1) Electrified, barbed wire, razor wire, and stockade fences are hereby prohibited in all zoning districts. This prohibition shall not be construed to prohibit electrified and/or barbed wire fences when used in conjunction with a purely agricultural use as defined by the Ohio Revised Code. (2) Viuyl clad, plastic or pvc (poly vinyl chloride) fences are hereby prohibited in all residential districts. (D) Other fencing. The Zozting Administrator or designee may permit other fences siznilaz• iit cltai•acter and design to one or more of the permitted fences herein, upon application. ('80 Code, § 1309.04) (Ord. 75-98, passed 3-20-00; Atn. Oi•d. 18-07, passed 4-9-07) 09-031 AAM Administrative Report Code Amendment Nonconfornung Fence Maintenance PROPOSED CODF, AMENDMENT § 153.081 YEI2MI'I' ANll INSl'I;CTION. Any fences which may be permitted shall require the issuance of a Certificate of Zoning Plan Approval peiaaa,~t-ley tlae-Zorziag-,A dzsz+n+st;~ztar-~;~-sib e~ after the same has been approved. (A) Upon permit application, each properly owner shall provide the following: (1) Name and address of the owner of the lot for which the permit is requested. (2) Name and address of the person, frm or corporation that will carry out the actual installation. (3) An overall plot plan including the shape and dimensions of the lot together with the location, material, height and location of all proposed and existing fences, potential visibility conflicts and the drainage flow across the lot. Section and elevation views of the proposed fence detailing its construction and method of fixture to the ground should also be submitted. 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 asceztain 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. "17te municipality shall furnish such inspection, as is deemed necessary, to determine that the fence is constructed in accordance with plans submitted for permit, provided however, that such determination by the municipality shall not be construed to mean the municipality has verified the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him/her herein. (Oz•d. 75-98, passed 3-20-00) § 153.082 MAINTrNANCG. A. Pez•naitted fences, walls, shrubbery, hedges oz• structures shall be maintained in good conditiozr, be structurally sound and completely finished at all times. Any grounds between such fences, walls, shrubbery, hedge or structures and property lines shall be well maintained at all times by the appropriate property owner. Supporting members for walls and fences shall be Located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. 09-03] AAM Adu~iuish•ative Report Code Amendment Nonconforming rcnce Maintcuance PROPOSED CODE AMENDMENT B. Normal Repairs and Maintenance. None of the provisions of this Code shall be interpreted to prevent normal repairs and maintenance to strengthen or correct any unsafe condition of any fence. Except that any maintenance that replaces more than ten percent (10%) of the lineal distance of the surface material of an existing fence within a twelve (12) month period shall require reconstruction of the entire fence with a material permitted by this ordinance. (Ord. 75-98, passed 3-20-00) § 153.083 COMPLIANCE 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 coning 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. (C) Not withstanding any other provision in this Code, in all residential districts fences erected prior to the effective date of Ord. 75-98 shall not be considered non-conforming structures and shall be permitted to be replaced in the same location and at the same or lesser height as existed on the effective date of Ord. 75-98. In addition, any replacement fence shall be of the same or better quality material as the existing fence except as provided in~~' 153.080 (C). A Certificate of Toning Plan Approval shall be required. (Ord. 75-98, passed 3-20-00) 09-031 AUIVI Administrative Report Code Amendment Nonconforming Fence Maurtcnancc DRAF' (Excerpt of draft Council minutes of June 1, 2009) Ordinance 28-09 Amending Section 153.078 -153.083 of the Dublin Codified Ordinances (Zoning Code) regarding Nonconforming Fences (Case No. 09-031ADM). Mr. Gerber introduced the ordinance. Mr. Gunderman stated that this Code amendment is presented in response to direction given by Council at their May 18t" meeting. This legislation will amend Sections 153.078 - 083. The proposed text changes are noted in the redlined version of the ordinance provided in Council packets. The basic intent of the amendment is defined on page 6, item C, which is to permit fences that were erected prior to the effective date of Ordinance 75-98 (4119/00) to be replaced in the same location and at the same or lesser height as existed on the effective date of Ordinance 75-98. In addition, the replacement fence shall be of the same materials as the existing fence or other materials permitted in §153.079, except as provided in §153.080(C). A Certificate of Zoning Plan Approval shall be required. This is a first reading of the legislation and the Code requires referral of the proposed amendment to the Planning and Zoning Commission for consideration and recommendation to Council. Mr. Gerber requested that the proposed Code amendment be scheduled for a Commission hearing as soon as possible and a recommendation be forwarded for Council's June 15t" Council meeting. Mr. Foegler stated that Mr. Langworthy has indicated that, based on Council's discussion regarding the urgency of this matter, this item could be scheduled for the June 11 Planning Commission agenda. In regard to the last paragraph's reference to fence materials, Vice Boring indicated that she believes Council had specified that the revised language should not permit all previous materials, but should read, "as specified by Code." This would avoid the possibility of permitting the continued use of chain link fencing material. Mr. Gunderman stated that maintenance of an existing chain link fence has always been permitted, and maintenance of an existing fence would continue to be permitted with this Code amendment. However, if a property owner changes out the fencing material for an existing fence, it must be comply with current Code requirements. The City's Code does not permit chain link fencing in a residential area. Mr. Keenan asked if wrought iron is a permitted fence material. Mr. Gunderman responded that the permitted materials are listed in Section 153.079, which begins on page one. Section 153.080 covers the use regulations, which provides additional restrictions to Section 153.079. Mayor Chinnici-Zuercher requested clarification of the word "or" used in the proposed amendments, which state: "In addition, the replacement fence shall be of the same materials as the existing fence or other materials permitted in §153.079." This 09-031 ADM Administrative Report Code Amauimcnt )\IOnCOllT01'lllltl~ FCIICC Mal11tC11a11C0 Dfid~FT indicates that there is an option of replacing a chain link fence with a chain link fence. However, the intent is that if the entire fence is being replaced, it cannot be replaced with the previous material if it is no longer permitted by current Code. Only for a repair can the same materials be used. Ms. Readier concurred that the language does indicate that an existing chain link fence could be replaced with another fence of the same material or with different materials. To ensure that a full replacement fence is constructed only of materials permitted by current Code, the language will need to be revised. Ms. Salay stated that, typically, when a certain percentage of a structure is being remodeled, compliance with current Code is required. Shouldn't this language contain a percentage requirement? Otherwise, it would be possible to replace an entire fence in a piecemeal fashion and continue to use the existing materials. Mr. Foegler responded that is the method that has typically been used to replace non-conforming fences with the same non-conforming materials - by replacing a section at a time. However, there is a section of the Code that addresses abandoning the right to use anon-conforming material when a certain percent is replaced. Staff will review that section in line with this new section to determine if it creates challenges or obstacles. Mr. Gunderman stated that staff would also revise the language in this section of Ordinance 28-09 to provide additional clarity. Ms. Salay asked about the language regarding "hedges." The Community Development Committee has a pending item relating to the use of landscaping as fences. Nearly every lot in Dublin has some level of landscaping that is used as a privacy fence or perimeter fence. Committee members believed it would be problematic to keep the current Cade requirements, because there are so many cases in which landscape material is used as fencing. Because Council desired a change, this seemed to be a way to achieve that. However, addressing that issue with this Code change may delay the recommendation from the Planning Commission. Mr. Gunderman stated that the issues of hedges and other landscaping used as a fences does need to be addressed. However, he understands that the objective of this amendment is to address the fence issue raised at the last Council meeting. Future legislation will be necessary to address other related issues. Mr. Keenan reiterated that the intent is to have this Code change adopted and effective in the 2009 construction season. Vice Mayor Boring asked if the proposed legislation would be revised before it is forwarded to the Planning Commission for review. Mr. Gunderman responded that a modified draft, based on tonight's discussion, will be provided to the Planning Commission. 09-031 ADM Administrative Report Code Amendment Nonconforming Fence Niamtenance ~._.:~` ii _ Ilt+r la ~ ~ t~ Mr. Gerber moved to refer Ordinance 28-09 to the Planning and Zoning Commission for review and recommendation. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Mayor Chinnici-Zuercher requested a clarification of the time frame in which the Planning and Zoning Commission would review the amendment. Mr. Foegler responded that it would be scheduled for the June 11 Commission meeting. 09-031 ADM Administrative Report Code Amendment Nonconforming ~cnce Maintenance Attachment Ordinance 28-09 06-01-09 FIRST READING VERSION FOLLOWS Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 CITY OF DUBLIN,. Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of Dublin City Council From: Terry Foegler, City Manager"~r~~e/ Date: May 28, 2009 U Initiated By: Steve Langworthy, Director, Land Use and Long Range Planning Re: Ordinance 28-09 Code Amendment -Non-Conforming Fences Summary At the May 4, 2009 City Council meeting, information was requested regarding provisions in the Zoning Code that regulate the location and types of fences, and the consequences of Code amendments which were enacted in 2000 on fences that existed prior to those changes. At the May 18`x' meeting, Council determined that a Zoning Code amendment was appropriate and directed Planning to prepare language for consideration by Council to refer to the Planning and Zoning Commission for formal consideration. Current 7,oning Code The Code was amended in 2000 to have a more uniform approach to fence regulations across the community and to be more consistent with deed restrictions and PUD texts for most neighborhoods, which historically had stricter fence rules than the City's Code. The Code amendment reduced the maximum permitted height of fences to four feet and restricted their location to the buildable area of the lot in all zoning districts. The Code amendment also included an exception for lots larger than 30,000 square feet, where fences are permitted along the property line. Non-Conformities Currently, the Code permits the alteration of non-conforming fences (those taller than four feet or located outside of the buildable area of the lot) only if the structure is brought into compliance with current regulations. While the precise number of non-conforming fences is not known, it is clear that many built prior to the 2000 amendment do not currently conform to the Code. Non-conforming fences are currently permitted normal maintenance activities, such as replacement of missing or deteriorated pieces, or can be repaired if damaged by an Act of God. However, once removed by the owner for any other reason, the new fence loses its non-conforming status and must conform to the current regulations. Recommendation The solution desired by Council is to adopt a Code amendment that includes a maintenance and replacement provision for lawfully non-conforming fences that existed prior to 2000 (the adoption year of the present fence-related language in the Code). The proposed regulation [Section 153.083 (C)] declares fences that were lawfully constructed prior to the date of the 2000 amendment to be Memo re. Ordinance 28-09 -Code Amendment re. Non-Conforming Fences May 28, 2009 Page 2 of 2 considered conforming. The proposed regulation also permits an existing fence to be replaced in the same location, at the existing height and with the same materials or other materials listed in Section 153.079. A provision was also added to Section 153.082 to clarify maintenance of existing fences. Planning recommends Council consider the proposed language and refer the proposal to the Planning and Zoning Commission for review and recommendation of an amendment to the Zoning Code. RECORD OF ORDINANCES TEXT CHANGES REDLINED Dayton Lcsal Blank. Inc. Ordi~zcince No. 28-09 Pcissed AN ORDINANCE AMENDING SECTIONS 153.080, 153.081, 153.082, 153.083 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING FENCES. ao WHEREAS, it is necessary from time to time to amend the Code in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, Sections 153.080-153.083 of the Dublin Codified Ordinances contain information related to fences in the City of Dublin; and WHEREAS, the purpose of this Code amendment is to provide for certain regulations related to requirements for fences within the City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: FENCES § 153.078 PURPOSE AND SCOPE. The purpose of these provisions is to establish regulations controlling the use and type offences, 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, the following definitions shall apply, unless the context clearly indicates or requires a different meaning. FENCE -GENERAL. The word FENCE shall in general terminology mean any structure composed of wood, metal, stone, plastic, or other natural and permanent material erected in such a manner and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises, or other structures supporting, or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the word FENCE. Structures erected other than on lot lines or within five feet of lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises, separating premises from adjoining premises, hedges, retaining walls, or radio controlled fences, shall not be included within the definition of the word FENCE. Permitted solid fences are: (A) HEDGE. A row of dense, closely spaced living plant material composed of vines, trees, shrubs, bushes or combination thereof. (B) 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) BOARD ONBOARD or ALTERNATING BOARD ONBOARD. 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. RECORD OF ORDINANCES TEXT CHANGES REDLINED ~.~,~,~„ L~~.~i si~~~~:. ~„~. N-1~/Z3'~'EXT HIGHL~'~~ID~= Ordirzrnice No. 28-09 pasSe~ Page 2 Of 6 , 20 ~~ (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 other 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. (C) 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. (D) OPEN FENCE. A fence constructed for its functional, ornamental or decorative effect and, when viewed at right angles, having not less than 50% 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 devises 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 including vinyl plastic- coated or painted varieties. (3) ELECTRIFIED FENCE. All fences or structures, with a device or object that emits or produces an electric 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. 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" X 3" and designed in a horizontal grid. RECORD OF ORDINANCES TEXT CHANGES REDLINED Ordinmzce No. 28-09 Passed Page 3 of 6 20 (5) WROUGHT IRON FENCE. A fence constructed of metal, including aluminum, iron or steel, pipe, 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 CONTROLLED FENCE. The use of insulated wire (typically low voltage and located underground) to transmit a radio signal to a receiving device. Radio controlled fences are exempt from these regulations. (7) RETAINING WALL. 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 two elevation levels to be placed adjacent to each other with an abrupt vertical change between them. (8) ACCENT FENCE. A fence that is used solely for ornamental purpose and does not enclose or partially enclose an area. § 153.080 REGULATIONS ON USE. (A) Regulations -general. Except as otherwise specifically permitted herein, no fence or wall shall exceed four feet in height. Supporting members for wall and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. No fence or wall shall be constructed in any platted no-build zone, conservation/no disturb zone, floodway, floodplain or drainage easement for any parcel or subdivision which would be detrimental to the public health, safety and welfare. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening. (1) The fence, wall, or hedge shall not be permitted 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. (2) The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. The height of the fence may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations. (B) Permitted fencing. Fences shall be permitted ~•, ~°^~~~~~~~' ~~^,-,a~, as follows, except as otherwise specifically permitted pre~i~led herein c-}erri~~ r~bulat-ie~~-~~~~„ ,a ,~~`s. (1) Open fences. (a) Open or partially open, (ornamental 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 maybe located only within the buildable area of the lot. These fences maybe used to enclose the entire perimeter of the rear yard if the total lot area is greater than 30,000 square feet. RECORD OF ORDINANCES "TEXT CHANGES REDLINED ~,i~~ton ~~~<,~ sia„t~. ~~,~. _ NEW TEXT HIGHLIG~I~I~'~~- Ordi~~ance No. 28'09 Passed Page 4 of 6 Zp (b) Partially open or open accent fences shall be located within the buildable area forward of the primary structure if limited to four feet in height and designed to only partially enclose an area. These fences are permitted forward of the building line along scenic roadways but cannot exceed three feet in height and serve only an ornamental purpose. Fences within the front yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections. (2) Solid fences. Solid fences shall be permitted in all zoning districts only in rear yards. Solid fences shall be no greater than four feet in height, unless otherwise permitted herein, and shall not be used to enclose the entire perimeter of the property. Such fences shall be located within the buildable area of the lot and only be used to enclose a deck or patio. Solid fences shall not be located within 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 cannot 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 fences. Chain link fences shall only be permitted in commercial zoning districts. Such fences may not be placed forward of the primary structure and are restricted to side and rear yards. Such fences maybe erected parallel to and on, or approximately on, the common property line to a height not exceeding six feet above the established grade. Permitted chain link fences shall be painted black or shall have a black plastic or vinyl coating. (4) Hedges. Hedges shall be perritted in all zoning districts. Hedges shall not be located within any no build zone, conservation zone/no disturb zone, drainage easement, floodway, flood plain or other area which would be detrimental to the public health, safety or welfare. (5) Arbors; trellises. Arbors or trellises shall be permitted in all zoning districts. Arbors or trellises, which are detached from the building, may encroach on a required side yard, side yard which abuts a street and forward 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) Electrified, barbed wire, razor wire, and stockade fences are hereby prohibited in all zoning districts. This prohibition shall not be construed to prohibit electrified and/or barbed wire fences when used in conjunction with a purely agricultural use as defined by the Ohio Revised Code. (2) Vinyl clad, plastic or pvc (poly vinyl chloride) fences are hereby prohibited in all residential districts. RECORD OF ORDINANCES TEXT CHANGES REDLINED Ordinance No. 25-09 Passed Page 5 of 6 Zp (D) Other fencing. The Zoning Administrator or designee may permit other fences similar in character and design to one or more of the permitted fences herein, upon application. § 153.081 PERMIT AND INSPECTION. Any fences which may be permitted shall require the issuance of a Certificate of Zoning Plan Approval pc: - ~ i~i4trate~~r-dcsi~n~c after the same has been approved. (A) Upon permit application, each property owner shall provide the following: (1) Name and address of the owner of the lot for which the permit is requested. (2) Name and address of the person, firm or corporation that will carry out the actual installation. (3) An overall plot plan including the shape and dimensions of the lot together with the location, material, height and location of all proposed and existing fences, potential visibility conflicts and the drainage flow across the lot. Section and elevation views of the proposed fence detailing its construction and method of fixture to the ground should also be submitted. 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 inspection, as is deemed necessary, to determine that the fence is constructed in accordance with plans submitted for permit, provided however, that such determination by the municipality shall not be construed to mean the municipality has verified the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him/her herein. § 153.082 MAINTENANCE. A. Permitted fences, walls, shrubbery, hedges or structures shall be maintained in good condition, be structurally sound and completely finished at all times. Any grounds between such fences, walls, shrubbery, hedge or structures and property lines shall be well maintained at all times by the appropriate property owner. Supporting members for walls and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. B. Normal Repairs and Maintenance. None of the provisions of this Code shall be interpreted to prevent normal repairs and maintenance or measures to strengthen or correct any unsafe condition of any fence. § 153.083 COMPLIANCE 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. RECORD OF ORDINANCES TEXT CHANGES REDLINED Ordinance No. 28-09 Passed Page 6 of 6 20 (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. (C) Not withstanding any other provision in this Code, in all residential districts, fences erected prior to the effective date of Ordinance 75-98 (4/19/00) shall not be considered non-conforming structures and shall be permitted to be replaced in the same location and at the same or lesser height as existed on the effective date of Ordinance 75-98 (4/19/00). In addition, the replacement fence shall be of the same materials as the existing fence or other materials permitted in §153.079, except as provided in §153.080 (C). A Certificate of Zoning Plan Approval shall be required. Section 2. This Ordinance shall take effect on the earliest date provided by law. Passed this day of , 2009. Mayor -Presiding Officer ATTEST: Clerk of Council