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HomeMy WebLinkAboutItem 5.1MEMORANDUM DATE: September 8, 2005 TO: Members of the Planning Commission FROM: Carl Cahill, Planning Director C C- RE: Proposed fence ordinance recommended by the Ad Hoc Planning Committee In response to recent concerns about fence requirements, the City Council formed an Ad Hoc Planning Committee authorized to review the current fence ordinance and develop proposed changes. Over the past two months the Ad Hoc Committee has been meeting almost weekly to formulate its recommendations, which are incorporated in the proposed fence ordinance attached for your review and comment. The current fence ordinance is also attached for reference. Major changes in the proposed fence ordinance are shaded in gray, and include the following areas: • A statement of purpose was added in Section 10-1.507(a) to articulate the Town's philosophical basis for establishing the fence requirements. • Certain types of permit requests listed in Section 10-1.507(e) will require notification of neighbors and a site development hearing. • The maximum height of open space/conservation easement perimeter fences was reduced from 6 feet to 41/2 feet in Section 10-1.507(f)(6). • Fences placed on slopes greater than 30% will be limited to a 41/2 -foot high split rail fence under Section 10-1.507(f)(7). • Fences in or around officially designated wildlife corridors will be limited to a 41/2 -foot high split rail fence under Section 10-1.507(f)(8). • Replacements of existing nonconforming fences must conform to the requirements of the new ordinance as per Section 10-1.507(g). • Requirements for exceptions and variances have been clarified in Section 10- 1.507(h). Please review the proposed fence ordinance and prepare to comment at the meeting. Comments will be considered by the Ad Hoc Committee and the final proposed ordinance will be returned to the Planning Commission for a noticed hearing. Attachments: Proposed fence ordinance and current fence ordinance PROPOSED FENCE ORDINANCE RECOMMENDED BY THE AD HOC PLANNING COMMITTEE Title 10, Chapter 1: Zoning (b) Permits required. No fence, wall, gate, or column structure shall be erected or replaced without the prior issuance of a zoning or site development permit from the Town. (c) Definitions. The following definitions are established for the purpose of this Article and the meaning and construction of words and phrases is as follows: Legal Nonconforming Structure: Refer to Section 10-1.401(h) of the Zoning Ordinance. Column: A round or square pillar, pole, or post flanking an entrance way constructed of such materials as brick, stone, concrete, or other materials. Includes mailbox columns. Wall: An upright structure of wood, stone, brick, or other substance or combination of substances serving to enclose, divide, or support and usually having greater mass than a fence. Fence: A structure serving as a barrier or screen constructed of wood, metal, wire, masonry, glass, plastic or any other material (not including graded berms or living hedges). Gate: A movable frame or solid structure that swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation. Open Fence or Gate: A fence or gate constructed in such a way so that no more than fifty (50%) percent of the surface area obstructs a ground level view through the fence or gate. Solid Fence or Gate : A fence or gate constructed in such a way so that more than fifty (50%) percent of the surface area obstructs a ground level view through the fence or gate. (d) Prohibited fences, walls, gates, columns types. The following fences are prohibited: (1) Chain-link or cyclone fences, including any fence with bare lengths of wire stretched between metal poles, with the exception of dark green, black, or brown vinyl -coated chain-link fences with matching vinyl -coated cross bars and caps. (2) Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors. (3) Electric fences, including any fence designed to produce an electric shock, except where necessary for animal husbandry operations. Proposed Fence Ordinance Page 1 (4) Any perimeter fence, wall, gate, or column where the color reflectivity value exceeds 50%. (5) Any fence, wall, gate, or column located within a public or private road right-of-way or pathway easement except for a mailbox column with an approved permit. (1)Fences, 'W a+ te$£and bpjt 11 11 nns„„t#ak.require, t_q ', cyy o eX`ia scree,"iTig vogefafioq;{ �tnd� slirub�)� (2) Solid',leiices*ati'� 'gtneawgabor`'ewsasdefiugd`'S,ec¢up`9©2t (f) Development Standards for Fences, Walls, Gates, and Columns. (1) Open Fences (1) OPEN FENCES AND GATES Minimum setback from centerline of adjacent public or rivate road right-of-way 30' Maximum height of open fences and gates at the minimum setback from the centerline of adjacent public or private road right-of-way 4'h' Minimum setback from centerline of adjacent public or private road right-of-way for 6' tall open fences and gates located between adjacent public or private roadways and the structural setback line for the particular property 45' Proposed Fence Ordinance Page 2 (2) Solid Fences, Gates, and Walls (3) Open Driveway Gates (4) Columns (2) SOLID FENCES, GATES, AND WALLS Maximum height of outdoor athletic court fencing located beyond the structural setback line for the particular property Minimum setback from centerline of adjacent public or private road right-of-way 30' Maximum height of solid fences, gates, and walls at the minimum setback from the centerline of adjacent public or private road right-of-way 3' i �llllll� Minimum setback from centerline of adjacent public or private road right-of-way for 6' tall solid fences, gates, and walls located between adjacent public or private roadways and the structural setback line for the particular property 60' (3) Open Driveway Gates (4) Columns (2) SOLID FENCES, GATES, AND WALLS Maximum height of outdoor athletic court fencing located beyond the structural setback line for the particular property Minimum setback from centerline of adjacent public or private road right-of-way 30' Maximum height of solid fences, gates, and walls at the minimum setback from the centerline of adjacent public or private road right-of-way 3' Minimum setback from centerline of adjacent public or private road right-of-way for 6' tall solid fences, gates, and walls located between adjacent public or private roadways and the structural setback line for the particular property 60' (3) OPEN DRIVEWAY GATES Minimum setback from centerline of adjacent public or private road fight -of -way 30' Maximum height of open driveway gates at the minimum setback from the centerline of adjacent public or private road right-of-way 4Yz' (average) Minimum setback from centerline of adjacent public or private road right-of-way for open driveway gates with a 6' average height (T maximum height) located between adjacent public or private roadways and the structural setback line for the particular property 45' (4) COLUMNS Minimum setback from centerline of adjacent public or private road right-of-way 30' Maximum height of columns at the minimum setback from the centerline of adjacent public or private road right-of-way 6' 7' (w/lights) Maximum height of columns located between adjacent public or private road right-of-way and the structural setback line for the particular property 6' 7' (w/lights) (5) OUTDOOR ATHLETIC COURT FENCING Maximum height of outdoor athletic court fencing located beyond the structural setback line for the particular property 10' Proposed Fence Ordinance Page 3 (6) OPEN SPACE/CONSERVATION EASEMENT PERIMETER FENCES Maximum height of open space/conservation perimeter !!=: ences W, Minimum distance of lowest fence strand or rail from ground 1 12" above grade Open space/conservation easement perimeter fences and fences obstructing any designated wildlife corridors shall provide openings sufficient to accommodate the free passage of q- �''k ;���%rrstY�'• A •'r �, �.�..., wildlife through the easement. A split-rail};h j WOOD wood fence (see exhibit) or equivalent design — - • Vit' shall be required. Where a pathway is located within an open space/conservation easement, the perimeter fence shall be required to have�., •�,, ..F,• at least two openings at least as wide as the width of the pathway easement. (6) Open space/conservation easement perimeter fencing (7) Any fence,p7 red 6R oP x eater t!)atj 0 � w Q kt) " tequtrelnnents spectfiYd h$:f an 6pen'sgacconserJafid easemen'f penmaYer#erxa, (8)' (9) No fence, wall, gate, or column shall be located within a public or private road right-of- way or pathway easement. A four -foot (4') tall mailbox post or column may be granted an exception to be located within a road right-of-way. An encroachment permit from the Engineering Department is required to install a mailbox post or column within a road right-of-way easement. Any existing fence, wall, gate, or column located within any road right-of-way may be required to be removed at the owner's expense. (10) Solid walls, fences, or gates shall not exceed a maximum height of three (3') feet and all shrubs and plants shall be pruned to a height not to exceed three (3') feet above the road level at its nearest point in an area bounded ;SFe.1 by the center line of intersecting roads or easements for vehicular access, public or private and a straight line joining points on such center lines eighty (80') feet distant from their intersection (see so exhibit). All side limbs of trees in such area shall be pruned to a height of not less than six (6') feet above the road surface. The ighMax purpose of the provisions of this section is to provide an unobstructed view of approaching traffic on the intersecting roads. The City Engineer may prescribe greater restrictions than the height set forth in this paragraph where unusual conditions make such additional restrictions desirable in the interests of the public safety. Proposed Fence Ordinance Page 4 (g) (11) Any fence or wall may be required to be landscaped. Screen plantings required as a condition of approval for any fence or wall shall be maintained in good condition by the property owner. (12) The vertical dimension of any fence, wall, gate, or column shall be measured from the finished grade on both sides of any such fence, wall, gate, or column to any point on top of the fence, wall, gate, or column, including post/column caps and any ornamental features. � g�atf` the Y6. G'""�` f ce} „Wadi;"`•; or, ,eg1umn" a2g gompatibe wtth oth_r eneesittf e^n fa�ilid, (2) The proposedzet*o uggetatigna`d,1es aS�'d di''tttt7,anee,to natt)cdlgterraf have been ntin�m5zeX,and Proposed Fence Ordinance Page 5 CURRENT FENCE ORDINANCE TITLE 10. ZONING AND SITE DEVELOPMENT Chapter 1: Zoning Section 10-1.507 Fences, Walls, Gates, and Columns (a) Permits required. No fence, wall, gate, or column shall be erected or replaced without the prior issuance of a permit(s) from the Town. (b) Definitions. The following definitions are established for the purpose of this Article and the meaning and construction of words and phrases is as follows: Legal nonconfomLng structure: For the purposes of this section, a legal nonconforming structure is one which was legally permitted at the time it was constructed, or legally perniltted by an approved variance but which does not comply with one (1) or more of the Town's current Zoning Code provisions. Column: A round or square pillar, pole, or post flanking an entrance way constructed of such materials as brick, stone, concrete, or other materials. Fence: A structure serving as a barrier or screen constructed of wood, metal, masonry, glass, plastic or any other construction material (not including graded berms or living hedges). Oven Fence: A fence constructed in such a way so that no more than fifty (50%) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence. Solid Fence: A fence constructed in such a way so that more than fifty (50%) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence. Gate: A movable frame or solid structure that swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation. Open Gate: A gate constructed of such materials as wood, wrought iron, extruded metal, or other materials where no more than fifty (50%) percent of the surface area of the face of the gate when in a closed position obstructs a view through the gate from a position perpendicular to the gate. Solid Gate: A gate constructed entirely of solid opaque material or such material as wood, wrought iron, extruded metal, or other materials where more than fifty (50%) percent of the surface area of the face of the gate when in a closed position obstructs a view through the gate from a position perpendicular to the gate. Mailbox Columns or Posts: A round or square pillar or post flanking an entrance way constructed of such materials as brick, stone, concrete, wood or other materials no greater than 18" in width containing a mail receptacle. Rev. 06/30/05 (5) All fences, walls, gates, and columns shall meet the following standards, provided they are not located in the public or private right-of-way or within any pathway easement or other easement precluding their construction: (b) Solid Fences, Gates, and Walls (e) Open Driveway Gates Rev. 06/30/05 a OPEN FENCES AND GATES Minimum setback from centerline of adjacent 30' public or private road right-of-way Maximum height of open fences and gates at the 4%:' minimum setback from the centerline of adjacent public or private road right-of-way Minimum setback from centerline of adjacent public or private road right-of-way for 6' tall 45' open fences and gates located between adjacent public or private roadways and the structural setback line for the particular property SOLID FENCES, GATES, AND WALLS Minimum setback from centerline of adjacent 30' public or private road right-of-way Maximum height of solid fences, gates, and walls 3' at the minimum setback from the centerline of adjacent public or private road right-of-way Minimum setback from centerline of adjacent public or private road right-of-way for 6' tall 60' solid fences, gates, and walls located between adjacent public or private roadways and the structural setback line for the particular pro c OPEN DRIVEWAY GATES Minimum setback from centerline of 30' adjacent public or private road right-of-way Maximum height of open driveway gates at 4'/z' the minimum setback from the centerline of (average) adjacent public or private road right-of-way Minimum setback from centerline of adjacent public or private road right-of-way 45' for open driveway gates with a 6' average height (T maximum height) located between adjacent public or private roadways and the structural setback line for the particular property (8) Solid walls, fences, or gates shall not exceed a maximum height of three (3') feet and all shrubs and plants shall be pruned to a height not to exceed three (3') feet above the road level at its nearest point in an area bounded by the center line of intersecting roads or easements for vehicular access, public 87 or private and a straight line joining points on such center lines eighty (80') feet distant from their (see exhibit). All side limbs of trees in such area shall be pruned to a height of not less s Feet High Max than six (6') feet above the mad surface. The purpose of the provisions of this section is to provide an unobstructed view of approaching traffic on the intersecting roads. The City Engineer may prescribe greater restrictions than the height set forth in this paragraph where unusual conditions make such additional restrictions desirable in the interests of the public safety. (9) Any fence or wall may be required to be landscaped. Screen plantings required as a condition of approval for any fence or wall shall be maintained by the property owner in good condition. (10) Notwithstanding other provisions of this chapter, replacement of existing legal nonconforming fences, walls, gates, or columns, shall be permitted if the replacement is of a like material, no greater in height, and no closer to adjacent property, lines than the existing fence, wall, gate, or column, or if replaced by an open fence meeting all of the provisions of this section, except that replacement with chain link fencing (not including dark green, black, or brown vinyl clad chain link fencing) is subject to all provisions of this section. Otherwise, replacement of existing legal nonconforming fences, walls, gates, or columns shall also be subject to the limitations outlined in subsection (b), unless the Planning Commission finds that: 1) the structure could be relocated elsewhere on the site, without substantial environmental damage, and 2) relocation of the structure would substantially reduce adverse visual or privacy impacts to neighbors or to the general public. Repair of short sections (less than 100 feet, not to exceed fifty (50 %) percent of that segment of fencing over a 12 -month period) of existing fences and walls does not require a permit. Replacement of existing fences, walls, gates, or columns, which are replaced other than as specified above, are subject to all provisions of this section. Replacement of any of the above, however, shall be prohibited if the City Engineer determines that a public safety hazard exists. Rev. 06/30/05