File #: O-122-21    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 2/19/2021 In control: City Council
On agenda: 3/2/2021 Final action: 3/2/2021
Title: Amending Toledo Municipal Code (TMC), Part Eleven, Subsection 1108.0404 (B), Walls Fences and Berms; and declaring an emergency.
Attachments: 1. Plan Commission Report
Label
Zoning & Planning Committee

Title
Amending Toledo Municipal Code (TMC), Part Eleven, Subsection 1108.0404 (B), Walls Fences and Berms; and declaring an emergency.

Body
SUMMARY & BACKGROUND:
This request is for the review of Toledo Municipal Code Section 1105.0304 which pertains to the type of building materials with which to construct fencing within a residential zoning district. Currently, materials used to construct fencing must be durable and constructed of wood, decorative rigid vinyl (polyvinyl chloride), metal, or wrought iron. Fence posts must be structurally stable. The finished side of the fence must face the adjacent property, street, or place.

There have been recent incidents of fence installations involving materials that technically meet this definition, but were not manufactured as a fence material (for example, metal slats). Alternative materials are acceptable in commercial and industrial zoning districts, but they lead to unsightly conditions in residential neighborhoods.

In order to encourage neighborhoods to preserve safe environments for families and pets and discourage blight, staff recommends an amendment to TMC 1108.0404 (B) requiring fencing materials to not be constructed of used or discarded materials in a state of disrepair, including but not limited to: pallets, doors, tires, corrugated metal, tree trunks, or other similar items. Staff recommends the approval of the amendment to TMC 1108.0404 (B) as the text amendment clarifies the stated fencing materials of the Zoning Code.

Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

SECTION 1. That Toledo Municipal Code, Part Eleven, Subsection 1108.0404, which reads as follows:

1108.0404 Walls, Fences or Berms.

A wall, fence, or berm, whether or not intended to satisfy the landscape and screening requirements of this chapter, must comply with the following standards.

A. Walls. Any wall must be constructed to be durable, in b...

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