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City council held first readings on proposed modifications to the city's fence regulations in its meeting Tuesday.
First readings were held for two ordinances that would see recently proposed updates to the city's regulations regarding the construction of fences, and if approved would modify section 1147.04 of chapter 1147 part eleven, title three, section 1194.01 of chapter 1194 part eleven, title seven of the codified ordinances of the city of Salem respectively. Both ordinances were read with the emergency clause, meaning that should the council elect to approve the ordinances following the second and third readings they would take effect immediately rather than having a 30-day waiting period from passage.
The proposed changes, which were discussed at length in the Jan. 25 Residential Committee meeting, are intended to address issues with fences being built without appropriate space between for maintenance of the property line, or fences being built with a shared wall without a formal agreement for a shared wall between neighbors which has led to fences collapsing from the additional load, or being destroyed by wind. At that meeting City Planning and Zoning Officer Chip Hank explained that these issues can be traced back to the original passage of the city's fence ordinance, which was modeled off the Cuyahoga Fall's Division of Zoning and Planning but excluded the section of that ordinance stating that if residents could not agree to a shared fence line, that fences must be built three feet off the property line to allow for necessary maintenance. Hank also said that to his knowledge there was no reason for the exclusion of the section when the ordinance was originally passed.
The changes, which the committee voted unanimously to forward to City Law Director Brooke Zellers and the City Council for review, include: all fencing located along adjacent lot lines shall be constructed so that either the face of the fence is on the property line, or the face of the fence is at least 3 feet from the property line, and any areas set back 3 feet or more from the property line, which could become enclosed by other similarly located fences must provide at least one gate for access and maintenance equipment; a written agreement between neighboring property owners that they will share a fence wall and the responsibilities that come with it will be submitted to the zoning department upon new construction permit application; and a property survey must be completed by the property owner and shared with the zoning department to build a new fence.
Councilman Evan Newman, who chairs the Residential Committee, said that since that meeting, he had received feedback on the proposed changes, particularly surrounding the proposed mandate to have a property survey conducted prior to building a new fence, and urged anyone with concerns to contact either him or their council representative so they can be addressed.
"I'd like to note I've already received two pieces of feedback from the community regarding the survey. I understand there's been some points of contention and concern around that, so I really would encourage you to reach out to me if you have any thoughts on that front so we can amend it if necessary prior to the second and third readings, or reach out to your ward's representative so those concerns can be brought forward. We certainly want to hear all concerns in regard to the survey," said Newman.
The ordinances, and the proposed modifications they represent, still require approval by the zoning committee and two additional readings by the city council prior to passage.
Council also approved an ordinance vacating the East Alley which runs north and south between West State Street and Service Road "A." Prior to approval of the ordinance, council voted unanimously to permit Councilman Jake Gano to abstain from voting on the ordinance, as he owns the properties adjacent to the alley. All other members of council voted in favor of the ordinance. As the ordinance was approved without the emergency clause it will take 30 days to take effect.
Zellers explained that when the city vacates an alley, ownership of the property and the associated responsibilities are split between the adjacent property owners.
"When we vacate an alley, the property owner on each side of the alley gets one half of it, and it becomes their issue and their responsibility to maintain it," said Zellers.
Other matters approved included a routine ordinance authorizing City Service Safety Director Joe Cappuzzello to advertise for bids and enter contracts for the purchase of gas and diesel to be used by the city for a "one-year period," which was passed with the emergency clause.
City Council will meet next at 7 p.m. Feb. 20.