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

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designated residential districts. By eliminating the permit requirements, the remaining standards would still apply. They would then be enforced on a complaint basis when reported or identified by code enforcement, building and planning staff on a case-by-case basis when necessary. 2. Fence Height Requirements. A concern was identified with regard to allowing fences in the side and rear yards up to a height of eight (8) feet in residential neighborhoods. But following research conducted of surrounding communities, it was concluded that allowing the 8 feet height was appropriate given a number of fences constructed to this height for Paris homes. Again, according to the ICC structural engineering plans are required for fences over 7 feet in height to verify wind loading and assure that they will not fall over and cause injury or damage to property. This has not been done in the past and will continue to require a permit with the structural plans. From my experience, this will have the effect of limiting fences in residential areas to a height of less than 8 feet. Taller fences over 7 feet can further reduce air and light in side and rear yards with smaller lots which can impact health or psychological effect of being more boxed into a yard by causing the feeling of more structure massing on lots and the effects of claustrophobia. During the review of the regulations, it was also determined that several variances were being approved to allow smaller fences in the front yard. The ordinance was also conflicted on this subject with the way the language was written, and such fences were permitted in the historic residential district. Provisions are now made to allow fences not exceeding 42" in height in the front yard with restrictions on the type of materials and required openness. This will provide for greater consistency throughout the City and eliminate the need for routine variances. 3. Fence Facing/Orientation Requirements. The placement of the post -side of the fence as being required to face inward toward the rear and side yards of the lot was the principal concern expressed in April. It was the consensus of the Council to have the standards allow the fence to face either direction in the side or rear yard, but to require the smooth side of the fence to face outwards on where facing the street or public property.: PUBLIC INPUT In April City Council received extensive input and held discussions on the need to update the fence regulations at both the Citizens Forum and a subsequent agenda item where Staff provided research findings and Council directed staff to proceed with changes to the ordinance. RECOMMENDATION Staff recommends approval of the amendments to the Fence Regulations updating City Code Article 4.11. Page 2 of 2