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HomeMy WebLinkAbout[05b] Ordinance Review - FencesPlanning Commission Agenda Item S(b) cI'ry OF ST. J0S PH MEETING DATE: March 7, 2011 AGENDA ITEM: Ordinance Review b. Fence Ordinance SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The current fence Ordinance allows a property owner to place a maintenance free fence on the property line without consent of the owner provided the entire fence including the post is located on the same property as the fence. If the fence is not maintenance free, the property owner must obtain the signature of the property owner and the fence could then be located within two feet of the property line. The City Council has requested the Planning Commission consider requiring an amendment to the Ordinance that would require a signature of the property owner for any fence constructed on the property line regardless of material. Note: A public hearing is required to change this Ordinance so if the recommendation is to change the requirement a public hearing would have to be conducted first. ATTACHMENTS: Request for PC Action 5(b):1 -2 Ordinance 52.12 Subd. 2 - Fences 5(b):3 -6 REQUESTED PLANNING COMMISSION ACTION: Review and forward recommendation to the City Council. 5(b):1 THIS PAGE INTENTIONALLY LEFT BLANK 5(b):2 ORDINANCE 52 — ZONING ORDINANCE Subd.2: Fencing. a) Application. This Section shall apply to the construction and maintenance of all walls or fences, to including living fences as defined herein, within the City. These standards shall be applied in conjunction with other standards contained in this Ordinance and be interpreted consistent therewith. b) Purpose — Fencing Standards. This sub- section is designed to: 1. Regulate fence or wall location. 2. Protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fences or walls on adjacent property. 3. Assure that fences and walls are constructed on the property line or within the property of the part who will maintain the wall or fence. 4. Assure consistency in the location of fences and walls constructed in residential districts. 5. Require walls and fences be constructed of low-maintenance material. 6. Require walls or fences to be constructed of non -toxic materials. c) Fence Permit Required. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning. the property on which the wall or fence is to be constructed or reconstructed shall secure a fence permit from the City. A permit fee may apply. Upon completion the application shall be referred to the Building Inspector for review and the issuance of a permit upon a determination that the proposal complies with this Ordinance. The fence or wall shall be inspected by the Building' Inspector upon completion of construction or reconstruction to assure compliance with this Section. The permit application shall contain the following: 1. Legal description of the property on which the fence or wall is to be constructed or reconstructed. 2. Sketch showing the location of the fence or wall on the property. 52.12 -2 5(b):3 ORDINANCE 52 — ZONING ORDINANCE 3. A description of the materials to be used in the construction of the fence or wall. 4. A description or sketch of the design and dimensions of the fence or wall. 5. Compliance with the provisions of this section of Ordinance 52. d) Fence Height. 1. Fences and walls located within a residential area shall not exceed the height of seven feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four feet. 2. Fences and wall located in a commercial area shall not exceed the height of eight feet; except no fence located in the front yard, except those provided to enhance the visual appearance of the site/landscaping provided they do not exceed two feet in height are are of a reasonable linear length. 3. Fences and wall in an industrial area shall not exceed eight feet unless a higher fence or wall is approved as part of a special use permit allowing the industrial use; except fences located between the front of the industrial structure and the adjacent roadway shall not exceed four feet in height. 4. If two different zones abut, the zoning requirements of the property owner constructing the fence shall apply. Section 52.12 Subd 2d mnended 10/10 e) Fence Materials. 1. Fences constructed in residential zoning districts shall be constructed of wood or chain link materials. All wood fences, other than those constructed out of redwood or cedar, shall be stained or painted upon completion of construction or reconstruction. Chain link fences shall be made out of a non -rust material. 2. Fences constructed in Commercial zoning districts shall be constructed of material complementary to the principal structure. Chain link fencing shall be prohibited in the front yards in all Commercial Zoning districts. 3. Barbed wire and electrical fences are strictly prohibited, except within the agricultural district. 4. Use of creosote lumber is prohibited. 5. Decorative, landscape, retaining and/or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in width; set on a firm foundation which is not less 52.12 -3 5(b):4 ORDINANCE 52 — ZONING ORDINANCE than 150% of the width of the wall at the base; and, resting on footing located below the frost line. 6. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited unless they are formed from decorative and/or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 7. Other materials which are not specifically allowed by this Section, nor specifically prohibited may be permitted subject to City Council review and approval. section 52.12 subd2e anted 10110 f) Living Fences. Living fences may be constructed out of trees or shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the living fence located to the front of a. residential structure shall not exceed four feet. The owner of the property adjacent to a living fence may trim or prune that part of the tree or shrub which extends across the property line over his/her property. g) General Standards — Fences. 1. Fences and walls shall be constructed at least two feet inside the property line, unless the adjacent property owner consents in writing to the construction and maintenance of the fence or wall directly on the property line, or if the fence or wall is constructed of maintenance -free materials in accordance with Subdivision G3. of this Section. 2. That side of the any fence considered to be its evident finished side or face (i.e. the finished side having no structural supports) shall front abutting property. If the fence is located in a commercial or industrial district and visible to the public from both sides, as determined by the City Administrator /Clerk, it shall contain finished surfaces on both the interior and exterior of the fence. 3. A fence or wall constructed of maintenance -free materials may be . constructed adjacent to the property line so long as all parts of the fence, including post anchors, are located within the property of the owner and so long as the bottom of the fence (exclusive of posts or anchors) is at least two inches above the ground. For the purposes of this paragraph, the term `maintenance -free materials' shall include stone, brick, stucco or chain link which is finished with a rust resistant material. 4. No fence shall be constructed which is approximately parallel to an existing fence and closer than two feet so as to create an area between the 52.12 -4 5(b):5 ORDINANCE 52 — ZONING ORDINANCE fences which has limited accessibility for purposes of maintenance. h) Maintenance of Fence. 1. All fences and walls located within the City shall be maintained in a safe condition. The owner of the property on which a fence or wall is located shall be responsible for the maintenance and repair of the fence. 2. No fence or wall may be maintained in a location which obstructs the ability of a driver of a motor vehicle to see other drivers or pedestrians on any street or alley. i) Pre-ex istm Fences. This Section shall apply only to fences and walls constructed or reconstructed after July 1, 1992. Any pre- existing fence that does not conform with the provisions thereof shall not be altered, extended or reconstructed except in conformance with this Section. j) Emergency Access to Fenced Areas. An access opening for emergency entrance shall be incorporated into any fenced areas within which a building is totally or partially located. For residential use property the access opening shall be at least four (4) feet in width. For commercial or industrial use property, the access opening shall be at least fourteen (14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient width. 52.12 -5 5(b):6