87-84 Amend sect 1319.03(a) Bldg - front yard fences

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1319.03 REGULATIONS AND RESTRICTIONS (a) No fence, wall, building or portion of a building shall be erected, placed or extended above the curb level between a building line and the street line, and no living fence shall be permitted to exceed three feet in height above the curb line provided, however, on corner lots the Building Commissioner may issue a permit for a fence to be erected along the property line abutting the side street to extend from the rear property line to the front building line upon determination by the Chief of Police and the Building Commissioner that such fence does not obstruct the view of traffic or constitute a hazard. A decorative fence may be permitted to be erected above the curb line between the building line and the street line provided: 1. Fence shall not exceed 42" in height. One pole not exceeding 7' in total height may be installed if used for illumination. 2. Total length of the fence shall not exceed 55% of the founda- tion width of the structure. e No portion of the fence shall be situated further than 8' from any part of the structure excluding entry stairs and landing and provided further, that no portion of said fence shall be closer than 10' from the inside edge of the public sidewalk. 4. No gate shall be installed. Only wooden fences known as picket, slat, and split-rail shall be allowed and the location of said fence shall be subject to the approval of the Building Commissioner and the Chief of Police. Any type of wooden fence other than that enumerated in sub- paragraph "(a)5" above must be approved by the Architectural Board of Review. The Architectural Board of Review is authorized to approve any wooden fence as shown in the Sixth and Seventh Editions of the Architectural Standards that it deems to be decorative. In its decision, the Board shall consider and take cognizance of the development of adjacent, contiguous and neighbor- ing buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Seciton 121.22 of the Ohio Revised Code. Section 3. That this ordinance is hereby declared to be an emer- gency measure for the reasons stated in the preamble hereof and provided it receives the affirmation vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise it shall take effect and be in force after the earliest period allowed by law.