HomeMy WebLinkAboutA001 - Commission Action Form dated October 20, 2010 i ~
ITEM # 7
DATE 10-20-10
Caring People
Quality Programs
Exceptional service COMMISSION ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT RELATED TO FENCES
BACKGROUND:
The City Council recently reviewed work priorities for the Planning Division, one of
which was "Zoning Code Clean-Up." The zoning regulations for fences were amended
partially in 2004, as a result of an increase in setback variances along street
rights-of-way. However, there is still a lack of clarity and organized structure in the way
that the regulations are formatted. Fences were one item listed within planning staff's
presentation to Council regarding zoning code clean-up. There are other subjects of the
zoning code that will be brought forward as separate amendments.
Below is a summary of the proposed formatting and organization improvements of the
fence zoning code:
• Headings added to each categorical standard instead of the broad standard with
various subsequent exceptions and variations.
• Setback and landscaping requirements have been consolidated into one section
instead of being repeated.
• Front yard openness potentially being blocked by a neighboring owner's side
yard fence is more concisely defined versus broadly referenced.
• The term "functional" as it pertains to front yard has been taken out because
there is an existing definition for "yard" already in the zoning code that
accomplishes the same policy.
Below is a summary of proposed changes which introduce new text. Most changes are
housekeeping amendments to provide clarity. There are a few substantive changes
pertaining to exemption of fences in industrial zones and also pertaining to fence
heights on retaining walls.
• Prohibition of barbed wire, razor wire, and electric fences:
o Urban zoning codes across the country typically have restrictions against
fence materials that could injure people; particularly in densely populated
areas where the likelihood of people coming in contact with fences is very
high.
• Exemption of fence zoning code for industrial zones:
o Fences for industrial sites are much different than for residential and
commercial sites. Security and safety are the main objectives for industrial
site fences, which frequently encompass front yards. Current code does
not allow fences over four feet in the front yard, which conflicts with the
common six-foot chain link security fence. The majority of the existing
fence code is written to maintain open space in developed areas,
particularly along street corridors. Exempting fence regulations in
1
dustrial zones would accomplish the existing policy in non-industrial
zones. It would also decrease the number of fence nonconformities for
Caring People those that were previously installed in front yards. Additionally, the new
Quality Programs
FxcepslnnalSe we prohibition of barbed wire would be allowed in industrial areas, which is a
common addition on top of six-foot security fences.
• Clarification of retaining wall applicability:
o Interpreting and enforcing maximum fence heights when fences are
combined with retaining walls has been challenging for city staff.
Establishing a more specific definition for the applicability of the maximum
fence height will provide clear direction to the staff and the public. The
existing fence code has no definition of a retaining wall or embankment in
the zoning code. The existing and the proposed policies allow fences to be
the same height on top of retaining walls as they would be if not on top of
retaining walls. This policy allows the owner of an elevated lot with a
retaining wall to be afforded the same fence provisions as an owner of a
level lot. The proposed language specifies that the grade next to the
retaining wall must extend at least 20 feet beyond the wall. Or if the
available area is less than 20 feet, the grade would need to extend to the
principle structure. This language prevents a berm from being erected in
order to take advantage of an effectively taller overall fence, which would
be contrary to the purpose of the fence regulations, particularly along front
yards and street rights-of-way where there is an established policy of a
four-foot maximum.
The draft amendments to Municipal Code Section 29.408(2) are included below in a
strikeout/underlined version and a formatted version for the Commission's
consideration. To assist the Commission in understanding the overall proposed revision,
it should be noted that the number of overall words in the fence code is proposed to
increase slightly from 371 words to 377 words.
Strikeout/Underline Version
Section 29.408(2)
(2) Fences.
(a) Applicability. These standards apply to all zoning districts except
General Industrial (GI) and Planned Industrial (PI).
{a-)(b) Types of Fences. These standards apply to walls, fences and
screens of all types whether open, solid, wood, metal, wire,
masonry, earthen or other material.
M(c) Location and Height.
The maximum ,eight fr per fenGeS it Fequir d frent building
setbaGkse and the side yard setbacks ad7aGeRt W ni ihlir`
2
right of way, in the rase Of e8re r lets directly ab fitting the
front yard area of an adjacent resdential property,
CaringPeopLe feet except•
Quality Programs •
Exceptional Service a In the rose of through I I
nts a i a maximm fence he;gh ^f
+
sox (6) feet is peFmitted al,�� th�rii �Bonne) Fe,,��aear l` vi v,
line si�bie e a five foot seotbbaaGk being provided �ni�v h
,T,n�I.�avJcE�t being rvv-rcr
a landscaping element equal to one landscape tree
for every 50 lineal feet and two high er three love,
shrubs ffoor_every ten l�_� ineal feet of area to he planted
The-landscaping shallall be planted within the five foot
settb-aGk arest
Der- he 1. aCe.�c.�TTcrR GeS IeGGaated withIrR the side yard
setback adjacent +e public right_ef_way en a corner lot
adjaGent—residential property, a maximur nfenGe
height oef six (weet is permitted subfeEtto a five feet
setback being previded with a landscaping element
equal to one landSGane_ tTee for every 50 lineal feet
and two three loin, shrubs for ever" ten lineal
c.�-rvvv-or--n shrubs
feet of ar an landscaping shall he
rest-v rc+-tea-t t �r._rc�p�r r9-shall
planted within the five feet setba k area.
G. In Re instance is a fence that is taller than four (4) feet
in height permitter) Mhin the functional fmn+ y-Ard for
the�e purposes of this seGtien the functional front kart)
-ITr-.TO �F1TGCl�TTaTZTPfTI�QTCf
0 s defiRed as the area located between rthe main front
wall of the residenc�e
Fand the front lot line
The maximum height-foi fences in required side er rear
.�rfTu�rT" .J. -r�l-rG� Crrrc.�JiuG-GTr�.Q-r
building setbacks is six (6) feet
The maximum height for fences that _aare net r�l n
toga aired setbacks is eight (8) feet.
h' `"
(i) Height in Front Setbacks & Yards. The maximum height of
fences in front setbacks and front yards is four (4) feet.
(ii) Height in Side and Rear Setbacks. The maximum height for
fences in side or rear setbacks is six (6) feet, except as
further limited by this section in setbacks abutting street
rights-of-way.
(iii) Height in Setbacks Abutting Rights-of-way. The maximum
height of fences in any setback abutting a street right-of-way
is four (4) feet, except that up to six (6) feet of fence is
allowed in any side or rear setback if:
a. The lot does not abut the front yard of any other
residential property along the same side of the street.
b. The fence is it is at least five (5) feet from the property
line abutting a street right-of-way. Within this five (5) foot
area, landscaping is required consisting of 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.
3
(iv) Height Outside of Setbacks. The maximum height for fences
that are not placed in setbacks is eight (8) feet, except that in
Caring People
Q-1ityP-gra— any portion of a front yard fences shall not exceed four (4)
EweptionalSe ice feet.
{+v)(v) Retaining Wall. In the case of retaining walls and supporting
embankments, the above requirements shall apply only to
that part of the wall above finished grade ground su of
the retained embankment, provided that the finished grade
at the top of the wall or embankment extends at least 20 feet
or if the available area is less than 20 feet, the grade
extends to the principal structure. Otherwise, it will be
considered an earthen berm and will be subject to the height
limitation for fences.
(vi) Visibility Triangle. All fencing shall meet the requirements of
the visibility triangle as defined in section 29.408(5) of the
Municipal Code.
(d) Prohibited Materials. Barbed wire, razor wire, electric, and similar
types of fences are prohibited.
Formatted Version
Section 29.408(2)
(2) Fences.
(a) Applicability. These standards apply to all zoning districts except
General Industrial (GI) and Planned Industrial (PI).
(b) Types of Fences. These standards apply to walls, fences and
screens of all types whether open, solid, wood, metal, wire,
masonry, earthen, or other material.
(c) Location and Height.
(i) Height in Front Setbacks & Yards. The maximum height of
fences in front setbacks and front yards is four (4) feet.
(ii) Height in Side and Rear Setbacks. The maximum height for
fences in side or rear setbacks is six (6) feet, except as
further limited by this section in setbacks abutting street
rights-of-way.
(iii) Height in Setbacks Abutting Rights-of-way. The maximum
height of fences in any setback abutting a street right-of-way
is four (4) feet, except that up to six (6) feet of fence is
allowed in any side or rear setback if:
(a) The lot does not abut the front yard of any other
residential property along the same side of the street;
(b) The fence is it is at least five (5) feet from the property
line abutting a street right-of-way. Within this five (5)
foot area, landscaping is required consisting of one
4
landscape tree for every 50 lineal feet and two high or
three low shrubs for every ten lineal feet of area to be
Caring People
Q-1ify P-rame planted.
h"`e``onalSe" e (iv) Height Outside of Setbacks. The maximum height for fences
that are not placed in setbacks is eight (8) feet, except that in
any portion of a front yard fences shall not exceed four (4)
feet.
(v) Retaining Wall. In the case of retaining walls and supporting
embankments, the above requirements shall apply only to
that part of the wall above finished grade of the retained
embankment, provided that the finished grade at the top of
the wall or embankment extends at least 20 feet or if the
available area is less than 20 feet, the grade extends to the
principal structure. Otherwise, it will be considered an
earthen berm and will be subject to the height limitation for
fences.
(vi) Visibility Triangle. All fencing shall meet the requirements of
the visibility triangle as defined in section 29.408(5) of the
Municipal Code.
(d) Prohibited Materials. Barbed wire, razor wire, electric, and similar
types of fences are prohibited.
ALTERNATIVES:
1. The Planning and Zoning Commission may recommend to the City Council to adopt
the amendments as proposed.
2. The Planning and Zoning Commission may recommend adoption of the proposed
amendments, with modifications.
3. The Planning and Zoning Commission may recommend that the City Council not
adopt the proposed amendments.
4. The Planning and Zoning Commission can refer this back to staff for additional
analysis.
RECOMMENDED ACTION:
The proposed amendments provide needed organization and clarity on fence
regulations. Staff believes that these changes would be in keeping with the intent of
existing regulations, but would provide more easily defined provisions for their
application. It is staff's recommendation that the Planning and Zoning Commission act
in accordance with Alternative #1, which is to recommend that the City Council adopt
the changes as proposed.
S:\PLAN_SHR\Council Boards COmmissions\PZ\Commission Action Forms\Text Amendments\Fences_zoning_PZ_10-15-10.doc
5