Euclid’s Planning and Development team has proposed replacing a large amount of their city planning codes in regard to fences for both residential and commercial zones. The legislation, known as Chapter 1388, is currently on the second of three readings at Euclid City Council and is set for a final vote at the Nov. 4 meeting. According to the new code, new fences, “installed on a property line, a signed and notarized agreement from all abutting property owner(s) impacted by the installation regarding the location of the fence shall be provided.” Accordingly, if a notarized agreement is not able to be provided, a property line survey would have to be carried out by a professional surveyor or engineer and would also have to have been in the past 10 years of the permit being applied for. Planning and Development Director Patrick Grogan-Myers said that’s part of the reason they wanted to address the sometimes-unclear zoning code, on both sides of the fence, is to avoid any unnecessary disagreements in the future. “Fences are always one of those issues that if neighbors aren’t talking to each other sometimes a fence goes up without another neighbor knowing about it so it can cause a lot of tension,” Grogan-Myers said. “So, part of what we always do is look through our request for variances that go through the Planning and Zoning Commission and questions that commonly come up from applicants to see what are themes. “As we amend the codes, sometimes we don’t amend the code exactly the way it needs to be to fix the problem, or it inadvertently creates a problem,” he added. “So we are always doing a review of our zoning code to make sure that we are dialed in and not only delivering what the community asks for but also that it is something that makes sense in the built environment.” Fences in residential front yards would be limited to “Decorative, natural, and split rail only,” with no chain link, vinyl or other permanent materials being allowed. Decorative fences would have a limit of three feet from grade. Natural fences would also be limited to three feet between the building line and street line if “in the opinion of the Zoning Commissioner, such vegetation constitutes a pedestrian or traffic hazard, or otherwise declared a nuisance.” While the change in code is expansive, Grogan-Myers said that they, rather than amending a large amount of the code, decided to replace a section of code completely. He said that they also added graphics to the zoning code due to several complaints that the text of the code was confusing, particularly with the clear site requirements. “One of the things we did do is we added a graphic in the section around what a ‘clear site triangle’ is,” Grogan-Myers said. “That’s where you have a corner of intersection where two roads come together. We did include a graphic because that was a common question that we were hearing from residents and sign contractors… So, we did include that just to provide clarity around that and make our expectations abundantly clear what expectations are with the code.” He said while most fences already in place will be grandfathered in, the exception is fences made out of natural materials like shrubs or bushes, will have to meet the new zoning requirements within five years of the zoning code being enacted. “It’s what we call a ‘sunset provision’ and the reason being is with natural fences those are a little more easily changed than a fence that had been constructed out of wood or vinyl or whatnot,” Grogan-Myers said. “…So, we try to give residents plenty of time to make those changes to their natural fence.” “They wouldn’t have to change it immediately,” Grogan-Myers added. “If it passes and it becomes effective within 30 days, the 31st day we won’t be out on your door knocking and saying you need to get it corrected, you would be given up to five years to get that corrected. Otherwise, any new proposed fences would need to be in conformity.”