Ordinances Recently Adopted by the Riverlea Village Council

The Village of Riverlea recognizing the need for internal regulation adopted the ‘Code of Ordinances of the Village of Riverlea.’ These are available to our residents and to the general public on the Web site of the American Legal Publishing Corporation. This page is intended only to let our residents know of recent ordinances.

Ordinance 09-2009

An Ordinance to Clarify the Requirements for the Maintenance of Certain Fences, Hedges and Shrubs in the Village

Introduced by Mr. Tettenhorst

WHEREAS, current provisions of the Riverlea Code permit the erection, construction and maintenance of certain fences, shrubs and hedges along shared property lines in the Village provided that the height of such fences, shrubs and hedges either do not exceed 42 inches in height, or comply with certain other exemptions as described in the Code; and

WHEREAS, the Council of the Village of Riverlea desires to expand such requirement to permit the maintenance of fences that do not exceed 48 inches in height, and to clarify that no variance is required for the erection of such fences in the side or rear yard setbacks, provided certain requirements are met;

BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF RIVERLEA, STATE OF OHIO:

Section l. Amendment of Location Restrictions for Certain Fences, Shrubs and Hedges. That Riverlea Code Section 151.044 is hereby amended by deleting the current version thereof and replacing it in its entirety with the following:

§ 3151.044 LOCATION RESTRICTIONS

  1. No fence, hedge, building or wall of any kind shall be constructed in any front yard or any side yard abutting on a public street.
  2. Corner lots.
    1. On a corner lot, no vegetation or foliage shall be placed or maintained within 20 feet of the street line if such vegetation or foliage is greater in height than 2-1/2 feet above street grade.
    2. Trees are permitted if trimmed so that no foliage is less than 10 feet above street grade.
    3. If, in the judgment of the Planning Commission or the Marshal, the otherwise permitted vegetation or foliage will materially obstruct the view of a driver of a vehicle approaching a street intersection, that vegetation shall be removed within a reasonable time by the owner.
    4. Where vegetation is not trimmed or removed to comply with this section within 10 days after notice from the Mayor, the Mayor’s designee, or the Marshal, it shall be lawful for persons employed by the village to enter upon such property and trim the shrubbery or hedge at the expense of the property owner. Any vegetation, tree, shrub or hedge found to be located upon public property may be removed by the village at any time.
  3. No fences, hedges or shrubbery over 48 inches in height above the plane of the finished grade of the lots at the division line between lots shall be erected, planted or maintained along or within 10 feet of the division line between lots. No trees shall be planted or maintained within 10 feet of the division line between lots unless no foliage of such trees is less than 10 feet above the finished grade of the lots at the division line between lots.
  4. The restrictions of Subsection 151.044(C) shall not apply if any of the following events exist or occur:
    1. All parts of the fence, hedge or shrubbery are located 20 feet or more from any building located on the lot upon which the fence, wall, hedge or shrubbery is to be located and are also 20 feet or more from any building located upon the property upon which the fence, hedge or shrubbery borders;
    2. All lot owners upon whose property the fence, hedge or shrubbery borders have given written consent, which consent has been filed with the Planning Commission and the Clerk-Treasurer of the Village; or
    3. A certificate of appropriateness has been issued for the construction, erection or maintenance of the fence, hedge or shrubbery in such location.

      Nothing in this Section shall alter any other requirement of the Codified Ordinances that a property owner first obtain a permit, certificate or variance before constructing, erecting or maintaining a fence or other structure; provided, however, that no variance shall be required for the erection, construction or maintenance of a fence within 10 feet of the division line between adjacent lots if the fence height is either (a) less than 48 inches in height above the plane of the finished grade of the lots at the division line between lots, or (b) less than 72 inches in height above the plane of the finished grade of the lots at the division line between lots and one or more of the events described in Subsection 151.044(C) has occurred.

Section 2. The Statutes To Be Amended. That pursuant to the requirements of Sections 731.19, Ohio Revised Code, the existing Riverlea Code Section 151.044, which is amended by Section 1 above, is hereby set forth:

§ 151.044 LOCATION RESTRICTIONS.

  1. No fences, hedges or walls of any kind shall be constructed in any front yard or any side yard abutting on a public street.
  2. Corner lots.
    1. On a corner lot, no vegetation or foliage shall be placed or maintained within 20 feet of the street line if such vegetation or foliage is greater in height than 2-1/2 feet above street grade.
    2. Trees are permitted if trimmed so that no foliage is less than 10 feet above street grade.
    3. IIf, in the judgment of the Building Inspector, the otherwise permitted vegetation or foliage will materially obstruct the view of a driver of a vehicle approaching a street intersection, that vegetation shall be removed within a reasonable time by the owner.
    4. Where vegetation is not trimmed or removed to comply with this section within 10 days after notice from the Building Inspector, it shall be lawful for the employees of the village to enter upon such property and trim the shrubbery or hedge at the expense of the property owner. Any shrub or hedge found to be located upon public property may be removed by the village at any time.
  3. No fences, walls, hedges or shrubbery over 3-1/2 feet in height above the plane of the finished grade of the lots at the division line between lots shall be erected along or within 5 feet of that division line. This prohibition shall not apply if:
    1. All parts of the fence, wall, hedge or shrubbery are 20 feet or more from any building located on the lot upon which the fence, wall, hedge or shrubbery is to be located or upon the property upon which the fence, wall, hedge or shrubbery borders; or
    2. All lot owners upon whose property the fence, wall, hedge or shrubbery borders have given written consent, which consent has been filed with the Building Inspector.”

Section 3. Effective Date. That this Ordinance shall take effect from and after the earliest date permitted by law.Section 4. Open Meetings. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with law.

Section 5. Publication. That pursuant to Ohio Revised Code Section 731.25, the Council of the Village of Riverlea hereby determines that publication of this Ordinance in a newspaper is unnecessary and does hereby determine that this Ordinance shall be published by posting copies hereof in the five following places which are determined to be the five most public places in the Village of Riverlea, Ohio:

  1. The Circle on West Riverglen Drive.
  2. The Ravine Park on West Riverglen Drive.
  3. The Northwest corner of Beverly Place and Dover Court.
  4. Lot 75 on West Riverglen Drive.
  5. Lot 7 on West Southington Avenue.

Copies of this Ordinance shall be posted continuously in the above-mentioned places for a period of fifteen (l5) days and at the expiration thereof this Ordinance shall become effective.Passed this 21 day of December, 2009.

John A. Schaer, President of Council

ATTEST:

Pamela M. Colwell, Clerk of Council

Mary Jo Cusack, Mayor

I hereby certify that on the 22 day of December, 2009, I posted a copy of the above Ordinance in each of the five places heretofore designated by Council as the most public places in the Village of Riverlea and that the same remained there posted continuously for fifteen (l5) days.

Pamela M. Colwell, Clerk of Council