15 - Fence Code Review & Discussion

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Item No. 15 TO: Mayor & City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Fence Code Review & Discussion DATE: April 26, 2021 BACKGROUND At its last meeting held on April 12, 2021, members of council heard from a number of citizens regarding the City's fence requirements and concerns about the `degree of restrictiveness.' As follow up to this input, council directed staff to place this item on the next agenda for discussion and review of the City's fencing requirements. Council was also provided with a memo from the City Manager summarizing some of the issues, providing a copy of the entire fence regulations under the City's Building Code, and indicating that a follow up presentation would be placed on the agenda for the April 26, 2021 regular meeting agenda. The regulation of fences is a common practice by local government throughout the entire country. Although the specific requirements for construction and standards vary from city to city, there are a number of common factors that can be found in many jurisdictions to address a variety of concerns including safety, material durability, aesthetics, maintenance, materials and general common decency toward neighboring property owners. It should be pointed out that staff has conducted a survey of 11 surrounding communities in the region regarding their fence regulations. The research work was completed at the time this staff report was completed and a thorough analysis and comparison of the community regulations has not yet been completed. Additional time will be needed for this assessment. The current fencing requirements for Paris are contained in Chapter 11.5 of the City Code. The regulations for the City were updated and adopted by the City Council 13 years ago on 3/28/2008. This was the result from a 3 month code enforcement task force consisting of 3 Council members and 14 interested members of the public at large in the community. The full Ordinance adopting these changes contained in Ordinance 2008-008 are attached again to this report. The elements contained in the ordinance may be summarized into the following general categories: 1. Definitions 2. Nuisance for unsafe materials or deteriorated conditions 3. General standards pertaining to permitted and prohibited materials & restrictions 4. Fence height by zoning district, yard placement & lot size 5. Gate required, private covenants & research, and direction in which post sides must face Page 1 of 4