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/V 0 <br />TO: Chair Havwi and Orono Planning Commission Members <br />Ron Moorse. Cit> Administrator <br />FROM: Paul W einberger, Zoning Administrator/Planner <br />DATE: ‘eptember 10,2001 <br />SUBJECT: #01-2718 <br />Zoning Code Amendment to Section i0.03. Subdivision IS <br />Relating to Fence Regulations <br />Lbl ofE&hibiU: <br />A. Draft Ordinance - Proposed Revisions to Non-Fncroachmcnts 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 />lincroachinents" (Section 10.03, Subdivision 15). Non-Encroachments are items, such as fences, <br />that are allowed to be located within required front, side and rear yard setbacks. Council h;i- <br />indicated that the current ordinance may need revision to fence tegulations pertaining to tence <br />construction and to review whether a permit should be required for fence construction. <br />The existing ordinance does 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 supports face the fence owners property. <br />Fxlsling Ordinance; Underlined arc the notations within the existing ordinance that the City uses <br />for regulation offences <br />Subd. 15. Non-Hncroachmcnts. The following shall not be considered to be <br />encroachments on yard requirements: <br />A. Chimneys, flues, 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 1-1/2 feet. olT-street parking e.xcept as hereinafter regulated. <br />D. Name plate signs for one family dwellings: lights for illuminating parking <br />areas, loading areas or yards for safety and security purposes, provided the direct source of light is <br />not visible from the public right-of-wuy or adjacent residential property may be located to w ithin five <br />feet of the front lot line.