HomeMy WebLinkAboutA001 - Council Aciton Form dated August 10, 2004 ITEM #
DATE 08/10/04
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT TO THE ZONING ORDINANCE AMENDING THE
REGULATIONS REGARDING FENCING HEIGHT WITHIN SIDE YARD SETBACKS
BACKGROUND:
Prior to May of 2000, the Zoning Ordinance required that corner lots provide a front yard
setback and a side yard setback for side yards adjacent to public right-of-way. Fences were
limited to a maximum of four (4) feet in height when located in the front yard setback.
Fences located in the side yard setback area, adjacent to public right-of-way, were limited
to a maximum of six (6) feet in height.
In May of 2000, the City Council adopted a new Zoning Ordinance. The new Ordinance
required that corner lots provide two front yard setbacks adjacent to public right-of-way.
Fences were still limited to a maximum of four (4) feet in height when located in the front
yard. Under the new regulations, this meant that corner lots had two front yards and all
fences adjacent to the public right-of-way, even if they enclosed the functional side yard,
were limited to four (4) feet in height.
In the Fall of 2003, the Ordinance was amended regarding building setbacks in corner lot
situations. The amendment essentially changed the setback requirements for corner lots
located in the "RL" Residential Low Density, "RM" Residential Medium Density, and
"UCRM" Urban Core Residential Medium Density Districts, back to the way that they were
regulated prior to May of 2000 — one front yard and one side yard adjacent to public
right-of-way. This change was in response to numerous Variance requests (which were
typically approved by the ZBA), to allow building additions on older homes that met the
previous side yard setback (typically 15 feet), but did not meet the new front yard setback
(typically 25 feet). The fencing regulations were modified to limit fences to four (4) feet in
height in front yards and in side yards adjacent to public right-of-way.
Consequently, the current fencing regulations are as follows:
(2) Fences.
(a) 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.
(i) The maximum height for fences in required front building setbacks,
and the side yard setbacks adjacent to public right-of-way, in the case
of corner lots, is four (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 (4) feet in
height permitted 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 six (6) feet.
(iii) The maximum height for fences that are not placed in required
setbacks is eight (8) 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.
The intent of limiting the height of fencing within the setback areas adjacent to public
right-of-way to four (4) feet is to try to reduce the effects of the "blank wall" that occurs
when taller fences are built right up to the property line adjacent to public right-of-way, as
illustrated in the photo below.
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Since May of 2000, there have been 15 applications submitted to, and reviewed by, the
Zoning Board of Adjustment requesting Variances to allow fences in excess of four(4)feet
in height along the functional side yards of corner lots. The Zoning Board of Adjustment
has approved 12 of these requests. In all three cases that were denied, the Zoning Board
of Adjustment cited visibility concerns with the proposed fences and adjacent driveways or
alleys.
With each fence Variance request, the applicants provided numerous photos of existing
six-foot high fences located in the side yards adjacent to the public right-of-way in the
immediate neighborhoods where the Variance request were taking place. Therefore, it was
hard for the Board to make the determination that a precedent would be set if they granted
the Variance request. That is ultimately the reason that the majority of the fence Variance
requests were approved by the Board.
As a result of the increase in Variance requests to allow fences taller than four (4) feet
within the side yard setbacks adjacent to public right-of-way, staff is proposing a text
amendment to the fence regulations of the Zoning Ordinance.
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ANALYSIS:
Working with the Zoning Board of Adjustment, staff has created the following text
amendment to the fence regulations of the Zoning Ordinance (changes are in bold italics).
(2) Fences.
(a) 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.
(i) The maximum height for fences in required front building setbacks,
and the side yard setbacks adjacent to public right-of-way, in the case
of corner lots directly abutting the front yard area of an adjacent
residential property, is four (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 the case of fences located within the side yard setback
adjacent to public right-of-way on a corner lot which is not
directly abutting the front yard area of an adjacent
residential property, a maximum fence height of six (6)
feet is permitted 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.
C. In no instance is a fence that is taller than four (4) feet in
height permitted 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 six (6) feet.
(iii) The maximum height for fences that are not placed in required
setbacks is eight (8) 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.
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These proposed modifications would allow property owners on corner lots to place six-foot
high fences within the required side yard setback adjacent to public right-of-way, subject to
a five-foot setback and landscaping being provided—as long as the side yard setback does
not directly abut the front yard setback of an adjoining interior lot, as illustrated in the aerial
photo below.
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Front Yard of
Interior Lot
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The purpose for restricting fences to only four(4)feet in a side yard setback, which directly
abuts the front yard of an adjacent interior lot as illustrated above, is to minimize the impact
of a taller fence on the adjoining property. The interior lot is only permitted to have up to a
four(4)foot high fence within the front yard area. Therefore, a taller fence on the adjoining
corner lot could impact the front yard of the interior lot, as illustrated in the photo below.
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Staff believes that the proposed five-foot setback requirement and landscaping element will
soften the impact of the tall, solid fences along the public streets. An existing example of
this is illustrated below.
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The photo illustrates that the starkness of the six-foot high fence is lessened by the
existence of landscaping. The six-foot high wooden fence on the right side of the photo is
not visible due to the existence of the landscaping.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
With a vote of 5-0, the Planning and Zoning Commission recommended approval of this
text amendment to the Zoning Ordinance amending the regulations regarding fencing
height within side yard setbacks at its meeting of July 21, 2004.
ALTERNATIVES:
1. The City Council can approve the recommended text amendments to the Zoning
Ordinance regarding fencing.
2. The City Council can deny the recommended text amendments to the Zoning
Ordinance regarding fencing.
3. The City Council can approve the recommended text amendments to the Zoning
Ordinance regarding fencing, with modifications.
4. The City Council can refer the recommended text amendments to the Zoning
Ordinance regarding fencing back to staff for further review and comment.
CITY MANAGER'S RECOMMENDED ACTION:
Staff is agreeable to a modification of the current regulations, as proposed in the report.
Staff believes that it is important to include the five-foot setback requirement and
landscaping element for fences that are taller than four(4)feet located within the side yard
setback area adjacent to public streets in order to reduce the impact of these tall fences on
pedestrians and motorists within our neighborhoods and communities. Staff also believes
that it is important to limit the height of fences to four (4)feet in those side yards adjacent
to public right-of-way which directly abut the front yard areas of adjacent interior lots, as
illustrated in this Action Form. Staff believes that this text amendment allows property
owners the ability to enclose their functional side and rear yards with fences up to six (6)
feet in height, while still protecting the appearance of neighborhoods and the community.
Therefore, it is recommended that Alternative#1 be adopted. Alternative#1 recommends
that the text amendments to the Zoning Ordinance regarding fencing, as outlined in this
Action Form, be approved.
COUNCIL ACTION:
Attachment
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