Russell Township Trustees voted against an amendment to the zoning code regulating fences during a trustees meeting Aug. 4, much to the dismay of one trustee.
Russell Township Trustees voted against an amendment to the zoning code regulating fences during a trustees meeting Aug. 4, much to the dismay of one trustee.
Russell Township Zoning Commissioner member Barry Rogers told trustees during the public hearing the commission had spent most of a year creating the amendment. They took most of the verbiage from the Geauga County model zoning code and checked the zoning codes in neighboring townships.
One issue is whether a permit to erect a fence should be required. About half of those fence regulations they studied required a permit, Rogers said.
“We don’t want it to be a burden on the residents of the township,” he said, adding the commission members decided a permit or certificate was necessary.
“We tried to keep it simple and understandable,” Rogers said.
Height limits for front yard fences were set at 3-4 feet and for back and side yard fences at 6 feet.
However, if no permit is required, Trustee Kristina Port asked how residents putting up fences would even know about the restrictions.
Trustee Gary Gabram said it sounded to him as though the commission is trying to act as an architectural review board.
“I don’t think the township zoning commission should be involved in architectural review,” he said.
Fences on properties in subdivisions and developments can be regulated by deed restrictions, Gabram said.
No review process for proposed fences was included in the amendment, Rogers said.
The “good” side of a fence would need to be on the outside, or road side, per the model, he said.
However, any fence already in place would be “grandfathered” and would not need to meet the new regulations, Rogers said.
Gabram said only one fencing situation has arisen and that one gave rise to the perception the township needs fence regulations. That fence, already in place, would not fall under zoning.
Adding the amendment to the zoning code would “look like big brother stepping on toes,” he said.
After more than 20 minutes of discussion, Port and Gabram voted to not approve the amendment. Trustee Jim Mueller, who left the meeting early for a medical appointment, said he was in favor of the amendment.
When informed Thursday morning the amendment had not been approved, Mueller was surprised.
“You’ve gotta be kidding me,” he said, adding he regretted leaving early for his annual physical.
Mueller said he initiated the amendment with the zoning commission primarily because of a 15-foot-tall fence in the Deepwood development that brought complaints from neighbors.
“It was solid wood and looked like Fort Apache,” he said. “The whole neighborhood kind of exploded.”
Not requiring a permit does not mean the township doesn’t have the authority to require fences meet the zoning code.
Mueller said most townships in Geauga County have regulations on fencing. Agricultural fences are exempt from the regulations.
Mueller said he would suggest the zoning commission resubmit the amendment to trustees in the future.
“I appreciate the time the zoning commission put in – I just don’t feel comfortable doing it,” Gabram said.
In other business, Port said she has been working with Geauga Growth Partnership to improve the communication processes among township officials and departments.
Problems include time wasted through excessive emailing and the rejections of invoices and proposals, she said.
Better communication processes at the department level will ensure seamless and more effective operation, especially since two trustee positions are up for election in November, Port said.
