2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES

Home Browse Search

Page 2 of 2 City of Decatur Zoning Ordinance May 13, 2009 • Fences which are built higher than the ordinance allows. • The unsightly aesthetic appearance and inherent danger of barbed and razor wire on fences, especially along the Urban Corridors. Barbed and razor wire will only be allowed in industrial districts. Property owners in office and commercial zoning districts will be allowed to petition the Zoning Board of Appeals for a variance to erect barbed or razor wire. • Fences which are built across property lines. • Allow low density residential property owners to build fences up to eight feet adjacent to heavier uses for additional screening. • Allow residential property owners to build fences up to 6 feet in height adjacent to a street in their side yard for properties located on a corner lot. A front yard for properties located on a corner lot will be determined by the street the front door faces. Additionally, Staff is recommending a permit be required to construct a new fence as we believe that this is the most efficient and cost effective way for the City to ensure the guidelines are being met. Many of the cited problems could have been prevented or more easily resolved if a property owner would have been required to take out a permit. The permit will require property owners to research their property lines and draw where they are going to erect their fence. As the Ordinance reads now, this process requires many extra City Staff hours in addition to neighbors' time and resources in researching the issue. Moreover, the majority of the time without a permit and submission of a scaled drawing the City has no concrete proof of when a fence was erected. This leaves only a complaint from a neighbor who most of the time does not have sufficient photos of when the fence was erected. For the cost of twenty-five (25) dollars, staff feels City residents and our neighborhoods will receive a lot of benefit from the permitting process. The other Sections are being amended as a result of the changes to the Non-Conforming Uses and Fences Sections. These proposed changes will make the Zoning Ordinance more comprehensive and avoid contradictions. Hyphens were also added to existing "nonconforming use" phrases throughout Section XXIII to create uniformity within the Ordinance. Phrases involving numbers spelled out and/or numerically written were also adjusted to create uniformity. POTENTIAL OBJECTION: There was (1) known objector at the Plan Commission Meeting. INPUT FROM OTHER SOURCES: The proposed amendments for the fence ordinance were brought before the Home Owners Association, the local fencing installers, and to the Coalition of Neighborhood Organizations (CONO). CONO did express a few concerns regarding the permit requirement and permit fee at their meeting. City staff has explained to CONO members the need for the permit and fee to proactively stop ordinance violations by conducting inspections of the fence and having a registration process for installing fences. Only one objection has been heard since that time. STAFF REFERENCE: Any additional questions may be forwarded to Stephanie Ashe at 424-2781 or at sashe@decaturil.gov. BUDGET/TIME IMPLICATIONS: None.