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TO;Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: Paul Weinberger, Zoning Administrator/Planner <br />DATE: September 10,2001 <br />SUBJECT: <t0l-27l8 <br />Zoning Code Amendment to Section 10.03. Subdivision 15 <br />Relating to Fence Regulations <br />Lbt of Exhibits: <br />A. Draft Ordinance - Proposed Revisions to Non-Encroachments Section: Revisions to fence <br />Provisions <br />B. Current City Handout and Illustrations - Describing e.xisting 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 />Encroachments ” (Section 10.03, Subdivision 15). Non-Encroachments are items, such as fences, <br />that arc allowed to be located within required front, side and rear yard setbacks. Council has <br />indicated that the current ordinance may need revision to fence regulations pertaining to fence <br />construction and to review whether a permit should be required for fence construction. <br />The e.xisting ordinance does not require a permit, or regulate fencing materials or visual appearance <br />of fences. 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. The <br />finished side of a fence assumes the structural supports face the fence owners property. <br />Existing Ordinance; Underlined arc the notations w ithin 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, 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, off-street parking except as hereinafter regulated. <br />B. 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-way or adjacent residential property may be located to within five <br />feet of the front lot line.