HomeMy WebLinkAboutA003 - Council Action Form dated November 9, 2010 r
ITEM # 24
DATE 11-09-10
COUNCIL 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 standards:
• Headings have been added to each subsection to help the reader quickly identify
pertinent standards.
• Setback and landscaping requirements have been consolidated into one section
instead of being repeated in multiple sections.
• 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 standards for industrial zones:
o The current fence standards do not refer to specific zoning districts.
Therefore staff has applied them city wide. The current and proposed
fence standards do not allow fences over four feet tall in front yards.
However, six foot security fences in front yards are common in industrial
zones. This has resulted in some of the fence nonconformities in industrial
zones. The proposal completely removes the applicability of the fence
standards from the industrial zones. Staff believes that this new exemption
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is consistent with the intent statement of the industrial zone, which is "to
provide a desirable industrial environment and to promote economic
development of a type generally not appropriate for or compatible with
retail sales areas." (Section 29.901(1))
o Additionally, because fences in industrial zones would be exempt from
standards, the prohibition of barbed wire, razor wire and electric fences
would not apply in industrial zones.
• 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. However the proposed language specifies that the grade next to
the retaining wall must extend at least 20 feet beyond the wall, or extend
to the principal structure. This language prevents a berm from being
erected for the sole purpose of achieving a taller fence than otherwise
allowed by code.
The draft amendments to Municipal Code Section 29.408(2) are included below in a
strikeout/underlined version and a formatted version for the Council's consideration.
Strikeout/Underlined Version
Section 29.408(2)
(2) Fences.
(a) Applicability. These standards apply to all zoning districts except
General Industrial (GI) and Planned Industrial (PI).
4y(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.
{b}(c) Location and Height.
The maximum height for fenne0 in required front building
l r1�^
setbaGks, and the side aFd setbaGks adjanGent to p blir
rightfw�in the nece of ngrnar IcASdFeGtly abutting thee
e
feet evnent•
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a In the nose of through Into a maximum fence height of
six (6) feet permitted along the fune+ionol rear In+
line, si Ihieet to a five-foot setback being provided with
avJ�
a landscaping element equal to one landSGape tree
ferevery 5- linea! feet and tye high er three le
shrubs for every ten lineal feet of area to he planted_
ThelangSGani�ng shall he planted within the five fno
setback area_
,
h In the e e of feneeS1eated �"�i�o4hrin—ttte side��r���r r��as c;�r-rcr-r
setback adjacent to pl Ibhe right_ef_way on a earner lot
which is not darectl y abutting the front Marrs area of an
iadja.GeRt .Fes.ide.nt-I.al property,—c-}--.1-11avim,im fence
height of six (6) feet is permitter) sl ihieet to a five-foot
Sethaek being preyided with a lanrlseaping element
equal to one rlscape tree for every 50 line-al feet
ar}dtwc) high
gr_thee lew shrubs for every ten lineal
ferret of area to he planted Thti_landSG@ning shall
plaRted withiR the five fGGt setback area.
G. Ip Re IRStaRGe i��s aa feR e that is faller than four (4) feet
in height permitter) within the fi Inetional front yawl Fer
the purposes of this section the f inctignal fronted
is defined as the area located hetweer the ma*n front
wall of the res;dence and the fro-,A Int line
The maximum height feer feREeSr i R rcqured side orreaarr
building setbacks is six (6) feet
The maximum beech+ far fences that are net placer) in
The T9TZ��'1-r[..T
required sethaeks is eight (8) feet.
(i) Height in Front Setbacks & Yards. The maximum height of
fences in front setbacks and front yards is four (4) feet.
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.
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.
(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.
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4v�(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 grey nd s u4aGe 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
landscape tree for every 50 lineal feet and two high or
three low shrubs for every ten lineal feet of area to be
planted.
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(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.
Planning & Zoning Commission. At its meeting of October 20, 2010, the Planning and
Zoning Commission discussed the proposed changes to the fence zoning code. For
clarification purposes, the Commission presented several fence scenarios for staff to
explain. There was no public input at the meeting. With a vote of 4-0, the Planning and
Zoning Commission recommended approval of the proposed text amendments related
to fences.
ALTERNATIVES:
1. The City Council can adopt the amendments as proposed.
2. The City Council can adopt the proposed amendments, with modifications.
3. The City Council can decide not to adopt the proposed amendments.
4. The City Council can refer this back to staff for additional analysis.
MANAGER'S 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. Therefore, it is the recommendation of the City Manager that the City
Council act in accordance with Alternative #1, which is to adopt the changes as
proposed.
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