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L <br />TO:Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: <br />DATE: <br />SUBJECT: <br />Paul Weinberger, Zoning Adminisirator/PIanner <br />September 10.2001 <br />#01-2718 <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 />Current City Handout and Illustrations - Describing existing ordinance <br />Ordinances From S 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 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 ordinance may need revision to fence regulations pertaining to fen:^ <br />construction and to review whether a permit should be required for fence construction. <br />The c.xisting ordinance docs not require a permit, or regulate fencing materials or visual appearance <br />of fences. One primar> issue noted by Council is whether the City should require propem* owners <br />coiwiructing 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 Or^IinUPyti Underlined are the notations within the existing ordinance that the Ciiv uses <br />for regulation of fences. <br />Subd. 15. Non-Encroachments. The following shall not be consideied 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 thev 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 propcrt>' may be located to w ithin five <br />feci of the front lot line.