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

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Page 2 of 8 City of Decatur Zoning Ordinance May 7, 2009 • 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 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. Staff recommends the following amendments: DESCRIPTION Amend SECTION II. (Definitions)by adding: "URBAN CORRIDORS-The public streets consisting of U.S. Route 51, U.S. Route 36, Illinois Route 48, Illinois Route 105, and Illinois Route 121 located within the City Limits of Decatur." Amend SECTION XXI.C.3. (Exceptions to Yard Setbacks - General) by adding: "In all zoning districts, no structure or planting shall be constructed at a height greater than three and one-half (3%2) feet above the established street grades within the vision clearance triangle nor shall any structure or planting limit the clear sight of vehicular traffic." Amend SECTION XXI.C. (Exceptions to Yard Setbacks - General)by deleting: "Fences" and "In a residential district lots located at the intersection of two streets, no fence, structure, or planting higher than three and one-half (3%) feet above the established street grades shall be maintained within twenty-five (25) feet of any street intersection. In no case may a fence or planting limit the clear sight of vehicular traffic. Fences, structures or plantings in residential districts may not exceed six (6) feet in vertical height, measured from grade to the highest point on the fence in the rear and side yard(s). No fence exceeding four (4) feet in height shall be constructed in any residential front yard, including any front yard area beyond the required setback distance." And "In commercial districts where outdoor storage is a permitted use, there must be a twenty-five (25) foot front yard setback for all fences. (AMENDED, Ordinance No. 2005-105, December 19, 2005)" Amend SECTION XXIII.A (Generally)by adding: