Bratenahl City Zoning Code
CHAPTER 1171
Fences
1171.01 PURPOSE.
The purpose of this Chapter is to establish regulations controlling the use of fences and walls whereby the lot owner in a residential district may have the privilege of privacy and landscape design within his own lot with due consideration to the environment of his neighbor, the appearance of the community, the safety of the public and the individual, and the preservation of open space.
(Ord. 3054. Passed 1-17-01.)
1171.02 SCOPE.
(a) This Chapter shall apply to all single-family dwellings in standard residential districts in the Village. Fences located within a planned residential development district shall be reviewed pursuant to the development plan review procedures set forth in Chapter 1164.
(b) The fence regulations herein shall not apply to any permanent fence structure erected prior to the effective date of this ordinance except as noted in Section 1171.08.
(c) Retaining walls are exempt from the height standards but shall be constructed in accordance with manufacturer’s specifications or generally accepted engineering standards.
(d) Shrubs, hedges and other such vegetation shall not be considered fences and shall not be subject to these regulations except as provided in Section 1171.09.
(Ord. 4116. Passed 9-22-21.)
1171.03 DEFINITIONS.
(a) The word “fence” and “wall” mean any structure composed of wood, metal, stone, brick or other material erected in such a manner and position as to enclose, partially enclose or divide any premises or any part of any premises.
(b) Trellises or other structures supporting or for the purpose of supporting vines, flowers or other vegetation when erected in such a position as to enclose, partially enclose or divide any premises or any part of any premises shall also be considered a fence.
(c) “Hedge” means any plant material, including trees, stump growth or shrubbery that has been planted to form a continuous barrier to prevent passage, provide protection or obstruct a view.
(d) “Open fence” means a fence with evenly spaced openings in the vertical surface of the fence. The percentage of openness of a fence shall be calculated when viewed from an angle perpendicular to the fence.
(Ord. 4116. Passed 9-22-21.)
1171.04 GENERAL PROVISIONS.
The following regulations shall be observed as to fences and walls regulated hereunder:
(a) Vision Clearance. No person shall construct or maintain or permit any fence, wall or other structure on a corner which obstructs the view so as to interfere with traffic visibility, either on a curve or at an intersection.
(b) Fence and Wall Height. Fences and walls may be erected in any yard up to the property line, in compliance with the following height and openness regulations:
(1) In a front yard in all Residential Districts and in the Shoreline Setback area in the RLF and R-1 Districts:
A. Solid fences and walls, and fences with less than 75% openness shall not exceed 30 inches in height.
B. Open fences with a minimum of 75% openness, shall not exceed six (6) feet in height.
(2) In a required side or rear yard, fences and walls shall not exceed six (6) feet in height.
(3) Fences and walls that are located in a side or rear yard in compliance with the minimum setbacks set forth in Section 1155.05 shall not exceed eight (8) feet in height, except when a fence is at least seventy-five percent (75%) open.
(c) Materials.
(1) All fences and walls on a property shall be of uniform design, except as otherwise approved by the Architectural and Design Review Board.
(2) Fences and walls shall be constructed of permanent material, such as wood, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, or other materials that are similar in durability.
(3) Chain link fences shall be permitted only in side and rear yards.
(4) No barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury shall be used for fencing on residential lots and no fence shall be electrified.
(d) Required Landscaping. Whenever a fence in a side or rear yard is visible from a street, landscaping shall be planted to substantially screen the fence from street view.
(e) Construction and Maintenance Standards.
(1) No wall shall be located or erected in a manner that interrupts, impedes or otherwise alters the natural flow of water off the site.
(2) All fences and walls shall be erected so that the finished side faces out, and the unfinished side and supporting members face the property of the applicant. This regulation shall not apply to fences or walls that are designed so that the supporting members are identical in appearance on both sides of the fence or wall.
(f) Fences and Walls on Adjoining Lots Under Common Ownership. Adjacent lots in common ownership shall be treated as a single lot for the purposes of determining fences and walls permitted on the property.
(Ord. 4116. Passed 9-22-21.)
1171.05 CONSTRUCTION ON EMBANKMENTS.
Where a fence or wall is constructed on an embankment, or where the ground under a fence or wall has been graded to a higher level that the surrounding ground, the permissible height of the fence or wall, as set forth in this Chapter shall be reduced by the height of the embankment or grading. (Ord. 4116. Passed 9-22-21.)
1171.06 PERMIT AND INSPECTION.
(a) No fence or wall shall be erected or constructed until an application therefor has been filed with the Building Commissioner, accompanied by evidence that adjoining property owners and any property owner directly across the street from the property on which the proposed fence or wall is to be erected or constructed have been given at least ten (10) days written notice of the proposed application. Such notice shall include a drawing which adequately represents the location of the proposed fence or wall, the height of same and its design, materials and color. The notice shall be deemed given when delivered personally or three (3) days after having been posted, certified U.S. mail, return receipt requested to the residence address of the person to whom notice is required to be given.
(b) The Building Commissioner shall review each application to determine its compliance with this Chapter. No permit shall be issued before the notice period described in Section 1171.06(a) has expired.
(c) The Building Commission shall forward the application to the Architectural and Design Review Board for its review and comment and notify the applicant and any party filing an objection of the Board’s review whenever:
(1) A fence or wall includes gates and/or decorative supporting structures that are located in a front yard and are visible from a public street.
(2) The fence or wall is located in the Shoreline Setback area an RLF or R-1 District.
(3) The applicant proposed to erect more than one style or type of fence on a property.
(4) In any case where the Building Commissioner has determined that the submission may not comply with the regulations hereunder or where a party to whom notice is required to be given has filed an objection.
(d) If the Architectural and Design Review Board does not approve of such application, the Building Commissioner shall not issue the permit.
(e) Each property owner shall determine property lines and ascertain that the fence or wall thus constructed does not deviate from the plans as approved by the Building Commissioner and does not encroach upon another lot or parcel of land.
(f) The Village shall furnish such inspection as is deemed necessary to determine that the fence or wall is constructed in accordance with approved plans, provided, however, that the issuance of such permit by the Village shall not be construed to mean the Village has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed on him/her herein.
(Ord. 4116. Passed 9-22-21.)
1171.07 MAINTENANCE.
All fences and walls permitted under these regulations or existing prior to the enactment thereof and any required screening shall be maintained in good, structurally sound repair, and in neat, clean and attractive condition so as not to create conditions which endanger the health, comfort and safety of the public or become a detriment to property in the area.
(Ord. 4116. Passed 9-22-21.)
1171.08 NONCONFORMING FENCES.
A nonconforming fence is defined as a fence that was constructed prior to the enactment of legislation regulating fences. Nonconforming fences shall be repaired and maintained, and shall be replaced in its entirety with conforming fences whenever more than fifty percent (50%) of any such fence requires replacement, is destroyed, or removed.
(Ord. 4116. Passed 9-22-21.)
1171.09 VEGETATION.
The Building Commissioner may order appropriate remedial action to remove, cut or prune any shrubs, hedges and other such vegetation when the Commissioner determines that such vegetation threatens public safety, unreasonably impedes adjacent lot visibility or adequate air flow, or otherwise has become a public nuisance, or when located in an RLF or R-1 District, is not in compliance with Sections 1155.05(c) or 1155.06(b).
(Ord. 4116. Passed 9-22-21.)
1171.10 RIGHT OF APPEAL.
(a) An appeal to the Architectural and Design Review Board may be perfected:
(1) By the applicant and any objecting party, by payment of the required appeal fee within ten (10) days of the referral of the application under Section 1171.06(b), or
(2) By any person to whom an order of the Building Commissioner is directed pursuant to Section 1171.11 by a notice in writing of such appeal to the Board with a copy of the order appealed from attached together with payment of the required appeal fee within ten (10) days of the date of such order.
(b) The Village and persons perfecting an appeal hereunder shall be parties to such appeal entitled to be heard.
(c) On appeal from a decision of the Building Commissioner, the Architectural and Design Review Board may permit adjustments or exceptions to these regulations in cases where the Board determines that exceptional physical conditions or practical difficulties exist or where the established regulations or standards of this chapter are inappropriate or inapplicable in light of the purposes of this Chapter and the requested adjustments or exceptions will not unduly adversely affect adjoining property.
(d) Actions taken by the Architectural and Design Review Board on such appeals shall be considered final and shall not be appealable to the Board of Zoning Appeals.
(Ord. 4116. Passed 9-22-21.)
1171.11 PENALTY.
If any provision of this chapter is violated, the Building Commissioner may order that the fence, wall or vegetation be removed, modified, cut or pruned. If the fence, wall or vegetation is not removed, modified, cut or pruned within ten (10) days of the order, or within ten (10) days after the decision of the Board of Building Code Appeals if an appeal is taken as provided herein, the owner shall be fined according to the fees and penalties separately established by the Village Council.
(Ord. 3054. Passed 1-17-01.)
1173.01 Prohibited uses.
1173.01 PROHIBITED USES.
The following uses are hereby prohibited in all use districts:
(a) Cultivation, processing or dispensing marijuana for a medical purpose with the following definitions:
(1) Medical Marijuana. Marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose.
(2) Cultivate. To grow, harvest, package and transport medical marijuana pursuant to Chapter 3976 of the Ohio Revised Code.
(3) Cultivator. An entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code.
(4) Dispense. The delivery of medical marijuana to a patient or the patient’s registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who has an active patient registration with the State of Ohio Board of Pharmacy, authorizing them to receive medical marijuana.
(5) Dispensary. An entity licensed pursuant to Sections 3796.04 and 3796.10 of the Ohio Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
(6) Plant-Only Processor. A cultivator that has received a license from the Ohio Department of Commerce for the limited purpose of packaging, selling and delivering finished plant material directly to a licensed dispensary for sale to a patient or caregiver.
(7) Processor. An entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
(8) Manufacture. The process of converting harvested plant marijuana into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.
(9) Medical Marijuana Product. A product that contains cannabinoids that has been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a registered patient, including but not limited to oils, tinctures, edibles, patches and other forms approved under division (A)(6) of Section 3796.06 of the Ohio Revised Code.
(10) Plant Material. The leaves, stems, buds and flowers of the marijuana plant, and does not include seedling, seeds, clones, stalks or roots of the plant or the weight of any non-marijuana ingredients combined with marijuana.
(Ord. 3935. Passed 12-20-17.)
(Ord. 3935. Passed 12-20-17.)
(b) Limited lodging with the following definitions and penalty:
(1) Limited lodging. The use of all or part of a dwelling unit, other than a private club, by rental for temporary occupancy for dwelling, sleeping, or lodging on the property, with or without the owner/proprietor present, during said use for no more than thirty (30) consecutive days by the same lodger. Limited lodging includes the arrangement of such rental by the Owner through a Booking Agent.
(3) Booking Agent. Any person or entity that facilitates reservations or collects payment for Limited Lodging accommodations on behalf of or for an owner. Merely publishing an advertisement for accommodation in a Dwelling Unit for Limited Lodging does not make the publisher a Booking Agent.
(4) Lodger. A person who is a renter of all or part of a Dwelling Unit and has mere use of the Dwelling Unit.
(5) Temporary occupancy. The accommodation of a Lodger conducted in a Dwelling Unit, the primary use of which is for household living and where the total accommodations of a Lodger provided is for no more than thirty (30) consecutive days.
(6) Owner. Owner means a titled Owner of a property who is in possession and control of the Dwelling Unit.
(7) Penalty. Any person who is the Owner of the Dwelling Unit knowingly permits Limited Lodging to occur or exist in said Dwelling Unit, shall, by each action or mission, be fined not more than five hundred dollars ($500.00). Each day during such act or omission is done, committed, omitted or continue, shall constitute a separate offense.
(Ord. 3993. Passed 11-20-18.)
 |
 |
 |
 |
CODIFIED ORDINANCES OF BRATENAHL