08-2021 - Amend Sec. 103.02 and Chapter 1153 Fences

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Please Substitute OrlinaJ 1st read & referred to HP 2/16/ l; 2nd reading 3/1/21; sub. referred to Planning Commission 3/1/21; new sub. recommended by Planning Commission 5/6/21 Bullock, Kepple, Litten, Neff, ORDINANCE NO. 08-2021 By: O'Malley, Shachner AN ORDINANCE to take effect August 1, 2021, amending Section 103.02 Definitions and Chapter 1153 Fences of the Codified Ordinances of the City of Lakewood in order to clarify fence installation requirements within the City of Lakewood. WHEREAS, the fence code in Lakewood has not been substantially updated in nearly two decades; and WHEREAS, the Division of Housing and Building, who is responsible for permitting and inspecting fence installations has run into situations which require further clarification; and WHEREAS, updating the code at this time will provide further clarification for the Division of Housing and Building, contractors, property owners seeking a permit and neighboring property owners in addition to assisting in avoiding disputes prior to installation of a new fence; now, therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD: Section 1. That Chapter 1153 Fences, currently reading as follows: 1153.01 DEFINITIONS. (a) FENCE means an unroofed structure erected in such a manner and in such a location as to enclose, secure, partially enclose or secure, provide privacy for, decorate, define, or enhance all or any part of a lot. (b) LIVING FENCE means a grouping of plants including, but not limited to, hedges, shrubs, bushes, or trees, arranged and/or growing in such a manner as to enclose, secure, partially enclose or secure, provide privacy for, decorate, define, or enhance all or any part of a lot. 1153.02 REGULATIONS. (a) No fence, or living fence greater than thirty-six (36) inches above grade, shall be erected, placed, or extended in front of the building line; however, fences may be permitted in front of the building line along a side or rear property line where a residential lot abuts a lot containing a non- residential use. (b) On a corner lot, no fence, or living fence greater than thirty-six (36) inches above grade, shall be erected or placed on the side lot line adjacent to the side street and extending from the rear property line to the front building line or part thereof, except upon a determination by the Commissioner that such fence or living fence does not obstruct the view of vehicle or pedestrian traffic, or constitute a hazard. Said fence must be located a minimum of twelve (12) inches from the public right-of-way. (c) Fences are permitted along a rear or side property line or portion of a rear or side property line provided that: (1) Fences less than or equal to seventy-two (72) inches above grade may be of any type, subject to subsection (g); (2) Fences greater than seventy-two (72) inches above grade but less than or equal to ninety- six (96) inches above grade shall be constructed such that at least fifty percent (50%) of any lineal foot of such fence is open for the through passage of light and air;