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Regular Council Meeting April 26, 2021 Page 4 had been reviewing since the previous Council meeting. He said the three areas regarding fencing regulations consisted of whether or not a permit should be required for a fence in a residential area, the height requirements of the fence, as well as which way the finished, or post - side, of the fence is to be facing. Mr. Mack stated that the department had reached out to eleven surrounding cities inquiring about their fencing codes and regulations. After hearing back from most of these other communities, Mr. Mack concluded that the majority of the cities either did not require a permit for a fence under a certain amount of feet, or if they did, they did not specify which direction the posts of the fence should be facing. He also said in regards to the property lines, it should be the responsibility of the home owner who is erecting the fence to know where the property lines are, not the City. Mr. Mack mentioned there were other cities that specified this in their city's ordinance and suggested it might be wise to add into the proposed draft. In regards to the height requirements, Mr. Mack stated that most of the other communities allowed up to eight foot high fences, except for one that had the restriction of no taller than six feet if on a roadway or corner lot. All fences over seven feet have an ICC structural analysis requirement. Mr. Mack stated that there was only one community that required the "finished" side of the fence must face outwards, and if Council wished to deregulate the fence permit requirements, he will begin preparing a draft. Mayor Pro -Tem Portugal said she was in favor of doing away with the permitting, except perhaps in the Historic District and in cases where there was a swimming pool. She said she was also in favor of the home owner choosing which side of the fence to face outwards, except for the side that faces the street, which should be the finished side. Council Member Pilgrim asked about a circumstance where a fence taller than eight feet may be required, such as where the part of the property slopes lower than the house. Mr. Mack told the Council that example would be a good case for a variance, as it would be an unusual situation. Mr. Pilgrim said that he was in support of deregulating the fence ordinance, and if the City needs to add a safety measure into the ordinance then that was fine. Council Member Savage said that he supported deregulating fences under seven feet tall. Council Member Stone asked if there had been any concerns or complaints from the neighbors about Mr. Randy Hider's fence. Mr. Mack said that the initial concern and complaint came from a neighbor of Mr. Hider's about the height of the fence; it was not until they were on site to look at the height that they noticed the fence was being built the wrong direction and that no permit was on file. Ms. Stone asked why city staff does not support making this change and if Mr. Hider was going to have to go back and redo the section of his fence that is not to code. In his research, Mr. Mack noted there was only one community that he noticed that required the property owner to go back and fix the incorrect portion and he believed that was too harsh of a requirement as it would add a substantial cost to the home owner. Council Member Linda Knox asked if anyone knew the reasoning why the Council wrote the current ordinance the way they did back in 2008. Mr. Mack said he did not know but what was more concerning was that the ordinance had been poorly enforced since that time.