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Item 6BItem 6B 2nd reading for Ordinance No. 480-UUU Amendments to Zoning Ordinance No. 480 related to fencing and screening Amendment Summary Change references to “Section 39 Screening” in Sections 37, 43, 47 and 49 to “Section 39 Screening and Fencing” Previous Action Planning & Zoning Commission: June 19, 2008; Approved (4-0) subject to changing “wood fence” in Section 42.7 to “opaque fence meeting the material requirements in Section 39.2.b” and adding “ornamental metal” in Sections 39.2.b, 39.5.d.4 and 39.6.g.1. Changes that were recommended by P&Z are highlighted in orange on the following slides. City Council: July 1, 2008; Approved 1st reading (5-0) on consent. Section 33.2 - Fences Moved to Section 39.1 33.2 FENCES - Except as otherwise provided in this ordinance, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard as a screening, decorative or containment element not to exceed eight (8) feet in height, provided the following shall be observed: (As amended by Ordinance No. 480-C.) a. At Intersections - On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow except in accordance with the site triangle provision as defined in the Subdivision Ordinance No. 483 as now existing or hereafter amended. (As amended by Ordinance No. 480-C.) b. At Interior Lots - On an interior lot in any district nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property. (As amended by Ordinance No. 480-C.) Section 33.3 – Use of Barbed Wire or Electric Fences Moved to Section 39.2 Fencing Standards 33.3 USE OF BARBED WIRE OR ELECTRIC FENCES a. Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities; provided, however, no barbed wire fence shall be located on any platted property which is zoned for single family residential use. b. Electric Fences ‑ Electric fences and fence charging devices (UL approved only) are allowed only in conjunction with agricultural and related activities for the purposes of containing horses and livestock, or for the security of crops grown on the premises, and shall be plainly labeled for ease of identification. Section 42.7 - Required Structures in Bufferyards Original a. Walls and Fences: Whenever a wall or fence is required within a bufferyard, it shall be six feet (6') in height and constructed in accordance with the specifications and designs set forth in Illustration B, "Illustration of Required Structures" attached to this section. A"finished" side of a wall or fence shall face the residential or less intense use. Revision a. Fences- F1: An 8’ opaque fence meeting the material requirements in Section 39.2b. b. Masonry Wall – F2: An 8’ masonry wall meeting the material requirements in Section 39.2b. (Removed Illustration B) Section 39 – Screening and Fencing REVISIONS 39.1 Moved subsections 33.2 and 33.3 from Supplementary District Regs 39.2 Added subsection on fencing standards 39.4 Added subsection on bufferyards 39.5 Added subsection on fencing along arterials and collectors adjacent to residential districts 39.6 Added subsection on fencing along arterials and collectors adjacent to non-residential districts and changed requirements for screening where a non-residential use abuts a residential use to require “a solid fence meeting the material standards of Section 39.2(b)” 39.7 Changed subsection name to Outdoor Storage Screening 39.8 Added subsection of Fence Maintenance Requirements Section 39.2 (a) Fencing Standards 39.2 FENCING STANDARDS a. Fencing, as herein referred, shall mean any construction or hedge greater than thirty (30) inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and retaining walls for the purpose of retaining soil are not classified as a fence. Added definition from Section 4 - Definitions Section 39.2 (b) Fencing Standards b. Acceptable materials for fencing and decorative posts include but are not limited to: brick, stone, masonry; synthetic materials; natural and treated woods; ornamental metal or wrought iron; decorative aluminum or metal having a factory applied non-metallic matte finish, and chain link. 1. PVC and other synthetic materials used for both residential and commercial fencing applications shall meet the minimum quality standards set forth in the ordinance. 2. Accept as otherwise required by this ordinance, chain link shall only be permitted in AG, SF-1A, SF-1B, SF-2, SF-20A, SF-20B, SF-30, RE, CS, I-1, I-2, and B-2 zoning districts.. 3. Corrugated metal panels or materials having similar properties shall not be permitted. Added acceptable materials Subsections C and D moved from Section 33.2 Section 39.4 Bufferyards a. Walls and Fences within Bufferyards – Whenever a wall or fence is required within a bufferyard, it shall be eight feet (8’) in height and constructed in accordance with the specifications and designs set forth in Section 42.7a. A “finished” side of a wall or fence shall face the residential or less intense use. Added subsection reference to Section 42.7 Sections 39.5 and 39.6 Residential and Non-Residential Districts The fence shall be constructed of one of the following: Masonry Ornamental metal or wrought iron stained cedar board-on-board with cap and masonry columns with a maximum of 14 feet from column center to column center, or some combination of the above, if approved by the Administrative Official. Added standards for fences adjacent to arterials and collectors that are not covered in the Corridor Overlay Regulations Sections 39.5 and 39.6 Residential and Non-Residential Districts 2) For platted subdivisions, the fence shall be consistent in material and color for the entire length of the fence that is adjacent to the subdivision. Section 39.6 Non-Residential Uses Abutting Residential Uses Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a solid fence meeting the material standards of Section 39.2(b) shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. Section 39.8 Fence Maintenance Requirements 39.8 FENCE MAINTENANCE REQUIREMENTS - A fence or fences shall be maintained by the owner of the property in compliance with the requirements of the currently adopted Property Maintenance Code and with the requirements of this section including but not limited to the following maintenance standards: (As amended by Ordinance 480-UUU) Section 39.8 (a) Fence Maintenance Requirements A fence more than four (4) feet in height shall not be out of vertical alignment more than one (1) foot from the vertical measured at the top of the fence. A fence four (4) feet or less in height shall not be more than six (6) inches from the vertical measured at the top of the fence. Section 39.8 (b) Fence Maintenance Requirements The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days upon receipt of notice from the City with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. The Administrative Official may, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The Administrative Official shall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the Administrative Official a written scope and schedule detailing materials and estimated time period of the completed replacement for approval. Section 39.8 (c) Fence Maintenance Requirements A fence not required by a specific order of the City Council, by city ordinance, or by building code, may be completely removed within the 10 day period rather than repaired. Section 39.8 (d) Fence Maintenance Requirements A fence shall be maintained in sound structural condition. Section 39.8 (e) Fence Maintenance Requirements The property owner shall maintain fences, including those existing prior to the adoption of this section, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed. Section 39.8 (f) Fence Maintenance Requirements Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces that are covered with paint to prevent rusting, peeling or blistering surfaces. Section 39.8 (g) Fence Maintenance Requirements Property owners shall remove graffiti, writings and other symbols on a fence except for those which are permitted as signs under Sign Ordinance 704, as amended. Example of a symbol allowed on a fence. Section 39.8 (h) Fence Maintenance Requirements Existing fences that were constructed prior to the adoption of this section that were constructed with materials not currently permitted by this section may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance. If the Administrative Official determines the existing fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this section or removed. The repairs must be made in complete sections extending a minimum of support post to support post. If the Administrative Official determines the extent of repair on any existing fence (materials in non-compliance) is in excess of fifty (50) percent of the linear length of the total fence or more than a combined 100 linear feet then the entire fence must be replaced with materials approved by this section. Section 39.8 (i) Fence Maintenance Requirements The construction of a fence or wall on the property line shall not preclude the property owner’s responsibility to maintain and keep the area defined between the property line to the back of curb or edge of the pavement free and clear of debris and high weeds. Questions?