18 - Amendments to the Fence Regulations City Code Article 4-11

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Item No. 18 �a a TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: An Ordinance Amending the Fence Regulations City Code Article 4-11 MTG. DATE: October 25, 2021 BACKGROUND & DISCUSSION At its meetings held on both April 12 & 26, 2021 extensive discussions were held regarding a number of considerations regarding the fence regulations following citizen's concerns regarding the orientation or direction of the posts for privacy fences. Following staff review of the ordinance regulations substantially updated for the City and adopted on 3/28/2008, a number of factors were presented to the City Council for consideration, including preliminary research on what other surrounding communities are doing regarding fence regulations. Since that time staff completed review and update of the regulations which are presented for Council consideration and ordinance revision adoption as attached to this report. In addition to a number of minor wording and technical updates, the primary components of the revisions include the following provisions: Fence Permit Requirements. The requirements for obtaining a permit to construct a fence vary from community to community. Staff's recommendation, and Council concurred, not to require a permit for construction of a fence. The main reason for this is two -fold. 1. Greater staff time is required for permitting and inspections. 2. Once the City issues a permit, arguments can arise between neighboring property owners with regard to where the fence is constructed in relation to the property line. Additional surveying fees can be expensive when added to the cost for a new fence and is commonly avoided. The location of the property line is a land owner responsibility and not the City's. However, once the City approves a permit for a fence and disputes arise between neighbors, the City can frequently be brought into the middle of the dispute which can place the City in a position of having to defend its position of not being responsible for such civil disputes. This involves more staff time to assist with research and/or help with best available information. It is not a productive use of staff time when such instances occur and worse, can leave an unfavorable viewpoint of the homeowner towards their city government services. The Council agreed to eliminate the permit requirement, except where an engineering review analysis is required by either State Pool code requirements in conjunction with a pool, or by the International Code Congress (ICC) for solid fence structures exceeding seven (7) feet in height or greater requiring structural engineering analysis. The COA permit for historic districts will continue to remain in place with respect to regulating the type of materials that fences may be constructed of in those Page 1 of 2