NO. 08-2017

An ordinance to revise Ch. 1298 "Fences" that outlines fence requirements and standards.

The City Zoning Ordinance, initially adopted in 1924, has always included regulations concerning parking, landscaping, and fencing. While recent proposed revisions were prompted by the Redevelopment Ready Certification program staff has struggled with interpretation and administration of regulations concerning all three topics. Additionally, the large number of parcels developed throughout the city have resulted in numerous nonconforming instances that could potentially cause problems if the property were ever to be improved or redeveloped. To alleviate these issues, the parking and fence ordinance are being revised to ensure consistency with other regulations, clarify definitions and how regulations should be applied, and eliminate to the extent possible, nonconforming situations where redevelopment would be very difficult. Although there are currently minimum landscaping standards located throughout the zoning ordinance, the proposed landscaping ordinance is new. All three ordinances were crafted together because of the amount of overlap between them, particularly as it relates to screening between residential and commercial properties.

Ch. 1298 Fencing

The draft fence ordinance will apply to new or replacement fencing on all properties. The proposed changes are primarily organizational in nature, through there are a few regulatory changes as well. The proposed ordinance:

• Better defines what constitutes a fence and clarifies when a permit is needed. The draft ordinance will exempt landscaping and other types of fences that can be manually pushed into the ground from requiring a permit.
• Provides maintenance standards for fences that have become unsafe or a nuisance due to neglect.
• Regulate allowable fencing based primarily on property use and not by zoning district. Currently fence height is determined based on zoning districts which permits fences that may not be appropriate for their location, particularly in a situation where a property is legal nonconforming.
• Organizes the ordinance into a format that makes it easier for staff and public to understand.

Proposed changes that are regulatory in nature include:

• New requirement that fencing will be required on top of retaining walls greater than 4' in height for safety purposes.
• Commercial dumpster screening requirements; currently in the ordinance but very vague.
• Front yard fencing to be at least 50% opaque due to issues with visibility from driveway, streets, and pedestrians on sidewalks. Current ordinance allows privacy fences in the front yard.

If approved, these changes will be required for new fencing, or replacement fencing that exceeds 25% of the existing fence.

The draft ordinance had been shared with the various departments including Code Compliance, Inspections, and it had been submitted Attorney's Office for their review and input.

A press release was issued outlining the changes and encouraging property and business owners to contact the Planning Department if they have questions about any of the proposed regulations. Because each property is unique and there are multiple factors that may apply, Planning staff would have to discuss how regulations could impact their existing parcel as well as any future plans for redevelopment on an individual basis.

The Planning Commission has reviewed the draft ordinance at two public meetings, and held one public hearing. At their July 27, 2016 meeting they unaminously recommended approval to the City Commission.