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Home My WebLink AboutA004 - Memo to Council from City Manager asking for Council direction Memo V1 City Manager's Office ariug People '�"r � , Quality Programs Exceptional Service TO: Mayor and City Council FROM: Steven L. Schainker, City Manager DATE: June 11, 2002 SUBJECT: Fences On May 20, City Council members received the attached e-mail from Suzanne Zilber expressing dissatisfaction with the fence that was erected by her neighbor. Ms. Zilber pointed out that she was aware that other cities required the following: "If you put up a privacy fence, you either need to put the nicer side toward your neighbor or do an alternating style fence that looks the same on both sides." She is concerned that the City of Ames does not have a similar requirement. At your last meeting, you asked that this issue be placed on the next agenda so that you could discuss it in more detail. In order to assist you with the discussion, I have attached the relevant section of our Municipal Code ( Section 29.408 )that deal with fences. Over the years, staff has received very few complaints regarding this issue. Typically,these issues are resolved between neighbors and do not require any intervention on the part of the City. Apparently, this did not happen between Suzanne and her neighbor. Suzanne is correct in that we currently do not attempt to assure that the"nicer side" of a fence is constructed so as to face a neighbor's property. Our emphasize has been focused on height and placement of the fence. If you would like the City Attorney to do so, an attempt can be made to draft such an ordinance. Given the multitude of fence designs, it might be difficult to create wording that will satisfy every configuration. There will no doubt be differing opinions as to what constitutes the"nicer side"of a fence. However, apparently other cities have successfully developed an ordinance that would accomplish what Suzanne is seeking. Unfortunately, any change in fence requirements will be applied prospectively and, therefore,not resolve Suzanne's situation. \sls c: Suzanne Zilber, 801 Crystal Street Attachments 1 GROSS FLOOR AREA GROSS FLOOR AREA REQUIRING INITIAL REQUIRING SECOND GROSS FLOOR AREA BERTH(SQUARE BERTH(SQUARE REQUIRING ADDITIONAL FEET) FEET) BERTHS All Categories 10,000 40,000 One per 100,000 sf between 80,000 and 480,000 sf plus one per 200,000 sf above 480,000 sf INSTITUTION AL All Categories 10,000 100,000 One per 200,000 sf above 200,000 sf INDUSTRIAL All Categories 5,000 40,000 One per 80,000 sf between 80,000 sf and 320,000 sf plus one per 150,000 sf above 320,000 sf MULTIPLE USES Where buildings or sites contain multiple uses,off-street loading spaces must be supplied for each category of use in the number required for the square footage of that use. In the alternative,where multiple uses are situated in such a manner that the uses can be equally and conveniently served by common loading spaces,the building or site may be treated as though the entire square footages were employed under the Use Category for which the greatest number of s aces would be re uired. (2) Loading Berth Location. Required off-street loading berths must be provided on the same or adjacent lot as the structure for which the space is required and must be designed in such a manner that loading activities will not block any required parking area,public right-of-way,public or private access,or sidewalk. Loading berths shall be designed to minimize visibility of loading berths from sidewalks and streets. (3) Off-Street Loading in the DCSC Zone. In the DCSC Zone,the following conditions and exceptions apply: (a) When a site is adjacent to an alley,access to off-street loading shall be from the alley. If a site is not adjacent to an alley,street access to off-street loading shall be from the adjacent street having the least volume of vehicle or pedestrian traffic. (b) Existing structures may be renovated without off-street loading if space is not available on the site. (4) Loading Berth Dimensions. Required off-street loading berths must be at least 35 feet long and 12 feet wide and have a vertical clearance of 14 feet. Sec.29.408. OTHER GENERAL DEVELOPMENT STANDARDS. (1) Vibration. (a) All Uses. Every use shall be operated so that continuous,frequent or repetitive vibrations inherently or recurrently generated may not be perceptible to a person of normal sensitivities on any point of any property line of the lot on which the use is located. (b) Exemptions. Vibrations from temporary construction work and vehicles which leave the lot,such as trucks,trains and helicopters,are exempt from this Section,as are vibrations lasting less than 5 minutes per day. VibratioFfrorimarily on-site vehicles and equipment are not exempt. (2) Types of Fences. These standards apply to walls,fences and screens of all types whether open,solid,wood,metal,wire,masonry or other material. (b) Location and Height. 0) The maximum height for fences in required front building setbacks is 4 feet,except: a. In the case of through lots a maximum fence height of six (6) feet is permitted along the functional rear lot line,subject to a five-foot setback being provided with a landscaping element equal to one landscape tree for every 50 lineal feet and two high or three low shrubs for every ten lineal feet of area to be planted. The landscaping shall be planted within the five-foot setback area; b. In no instance is a fence that is taller than four feet in height permitted Sup#2002-2A Chapter 29,Article 4-16 Rev.6-1-02 within the functional front yard. For the purposes of this section,the functional front yard is defined as the area located between the main front wall of the residence and the front lot line. (ii) The maximum height for fences in required side or rear building setbacks is 8 feet. (iii) The maximum height for fences that are not placed in required setbacks is 10 feet. (iv) In the case of retaining walls and supporting embankments,the above requirements shall apply only to that part of the wall above ground surface of the retained embankment. (v) All fencing shall meet the requirements of the visibility triangle as defined in Section 29.408(5)of the Municipal Code. (Ord No. 3629, 9- - 3 Garbage Collection Areas. All outdoor garbage cans in outside collection areas shall be screened from all public rights-of-way other than alleys and from any adjacent properties to the L3 or F2 standards set forth in Section 29.403. Trash receptacles for pedestrian use are exempt.- (4) Mechanical Equipment. Mechanical equipment located on the ground,such as cooling or heating equipment,pumps or generators,shall be substantially screened from the street and any abutting residential properties by a partially sight obscuring fence and/or shrubs. Such fence and/or shrubs shall be at least six inches higher than the height of the mechanical equipment. Mechanical equipment on roofs shall be completely screened from the ground level of any abutting residentially zoned lot and substantially screened from all other adjacent properties at any level. (Ord.No. 3610, 4-10-01) (5) Visibility at Intersections. (a) Definition. "Visibility Triangle"means the area created by the intersection of property lines at the corner of 2 abutting streets and a line connecting 2 points on these property lines 20 feet from the point of intersection. (b) Within the Visibility Triangle on any comer lot located in Agricultural, Residential, or Hospital/Medical districts,no fence,wall,or other structure shall be erected and no foliage plant permitted to grow to a height of more than 3 feet above the elevation of the established street grade measured at the curb line at the intersection of the streets abutting the comer lot. (6) Height Near Airports. Heights of buildings constructed within 750 feet of the property boundary of any airport shall be in compliance with height restrictions from the Federal Aviation Administration. (7) Requirements for Private Garages and Other Accessory Buildings. (a) The following requirements apply to private garages and accessory buildings in Agricultural, Residential and Hospital/Medical districts: (i) Location Within Setbacks. a. No detached garage or accessory building is allowed in the front yard. (Ord.No. 3595, 10-24-00) b. A detached garage or accessory building wholly or partially within the side yard shall meet all the same side setbacks as required for the principal building except in the case of a corner lot. In the case of a corner lot a garage or accessory building may be placed within 3 feet of the side lot lines,provided the garage is set back a minimum of 25 feet from the abutting streets and provided the garage or accessory building is located in the side yard that does not abut the front yard where the principal building is addressed. (Ord.No3591, 10-10-00; Ord.No. 3595, 10-24-00) C. A detached garage or accessory building wholly within the rear yard shall be a minimum of 3 feet from the abutting property line. (ii) Height. a. A detached garage or accessory building on the same lot with a 1 story principal building shall not exceed the height of that principal building. b. Detached garages or accessory buildings on the same lot with a principal building that is taller than 1 story shall not exceed 80%of the height of the principal building or 20 feet,whichever is lower. (iii) Size. a. Detached garages and accessory buildings in the rear yard shall notoccupy more than 25%of the rear yard. b. The maximum gross floor area shall not exceed 900 sf for a detached garage or accessory building to a Single Family Dwelling or 1,200 sf for accessory uses to a Two Family Dwelling. (Ord.No. 3595, 10-24-00) C. In any Agricultural or Residential district the number of parking spaces Sup#2002-2A Chapter 29,Article 4-17 Rev.6-1-02 r r - "Zilber, Suzanne" To: "Quirmbach, Herman"<hcgbach@iastate.edu>, <szilber@iastate.edu> "'dvoss@city.ames.ia.us'"<dvoss@city.ames.ia.us>, "'tedjoanie@aol.com'"<tedjoanie@aol.com>, 05/20/2002 10:58 AM "'sharonwirth@yahoo.com"'<sharonwirth@yahoo.com>, "'steve.goodhue@fabg.net"'<steve.goodhue@fabg.net>, dvegge@sauer-danfoss.com"'<dvegge@sauer-danfoss.com>, judiehoffman@yahoo.com"'<judiehoffman@yahoo.com>, "'russcross@financial.wellsfargo.com <russcross@financial.wellsfargo.com> Subject: ordinance about fences Dear City Council Members and City Clerk, I have learned that in most other cities, there are ordinances stating that if you put up a wooden privacy fence you either need to put the nicer side toward your neighbor or do a alternating style fence that looks the same on both sides. This might be a policy that Ames should add. Ames also allows an 8 foot fence in the backyard. Our neighbor's company did a very poor job of creating a straight support structure which is disorienting to look at and the fence is 7 1/2 feet at points. It is very imposing. I believe it will lower our property value. You are welcome to take a look - we don't have our back yard locked in. Sufferer of the policy not being in place! Suzanne Zilber 801 Crystal Street Ames, IA 50010 515-232-9379 work 515-294-0171