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'W i <br />1^ 0 <br />XO: Chair Hawn and Orono Planning Commission Members <br />Ron Moorsc. City Administrator <br />FROM: Paul einberger. Zoning AdministratorTIanner <br />DATE: September 10. 2001 <br />Sl'BJECT: #01-2718 <br />Zoning Code Amendment to Section i0.03. Subdivision IS <br />Relating to Fence Regulations <br />Lbl of Exhibits: <br />A. Dnili Ordinance - Proposed Revisions to Non-Encroachments Section; Revisions to fence <br />Provisions <br />B. Current City Handout and Illustrations - Describing existing ordinance <br />C. Ordinances From 5 metro area cities <br />Summary of Request: Fences have been regulated under the section of ordinance titled “non- <br />Imcroachments" (Section 10.03, Subdivision 15). Non-Encroachments arc items, such as fences, <br />that are allowed to be located within required front, side and rear yard setbacks. Council has <br />indicated that the current oruinance may need revision to fence regulations pertaining to fence <br />construction and to review whether a pemiit should be required for lence constaiction. <br />The existing ordinance docs not require a permit, or regulate fencing materials or visual appearance <br />offences. One primary issue noted by Council is whether the City should require property owners <br />constructing fences to locate the •■finished” side of a fence towards neighboring properties. 1 he <br />finished side of a fence assumes the structural suprxvrts face the fence owners propeity._________ <br />Existing Ordinance; Cnderlined arc the notations within the existing ordinance that the City uses <br />for regulation of fences <br />Subd. 15. Non-Encroachments. The following shall not be considered to be <br />encroachments on yard requirements: <br />A. Chimneys, Hues, belt courses, leaders, sills, pilasters, lintels, ornamental <br />features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more <br />than I-I/2 feet. olT-strcet parking except as hercinafier regulated. <br />B. Name plate signs for one family dwellings; lights for illuminating parking <br />areas, loading areas or yards for safety and security purpose^, prov ided the direct source of light is <br />not visible front the public right-of-way or adjacent residential property may be located to within five <br />feet of the front lot line.