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8.4 Fence, Wall & Hedges CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 10/11/04 TIME 4:00P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: DEAN AN DREW DEVELOPMENT SERVICES APPROVED FOR AGENDA: ITEM NO. Page 1 Item 4 BY: BY: Second reading Ordinance No. 04-10217 amending Chapter 42 - Zoning Regulations, Article V - General Bulk Regulations, by adding Section 42-83, Fences, Walls and Hedges. Background Information The Building Official and Building Services Department recently completed a comprehensive rewrite of Chapter 8 of the Salina Code which contains the locally adopted building code. As part of that process, staff is attempting to eliminate or transfer the portions of Chapter 8 that are no longer administered by the Building Official. One of those items is the erection of fences. As of July 2002, the Building Services Department no longer issues fence permits for fences erected on private property unless they exceed 6 feet in height. There are no structural requirements for fences that City staff inspects for so the primary regulatory items (location and height) are more zoning related. Also, there are currently no aesthetic or material requirements for fences. Fences may be constructed of any material. The Salina Code is currently arranged so that information regarding fences can be found in two locations: Article XII, Fences, Walls and Hedges in Chapter 8, Buildings and Structural Appurtenances, and Section 42-79, Permitted obstructions in required yards in Chapter 42, Zoning Regulations. The fact that language regarding fences is located in two different chapters of the code makes it difficult for both staff and citizens to find accurate information easily. So, in an effort to resolve this situation, the Building Services Department and the Planning Department jointly recommend that Article XII in Chapter 8 be moved to Chapter 42 and a new Section 42-83 be added entitled Fences, Walls and Hedges. The existing section 42-79 would remain as a separate section. Proposed Amendment The proposed amendment / addition to the city's Zoning Regulations contains only a few minor wording changes and is primarily a transfer of the current provisions governing the erection of fences from Chapter 8 over to Chapter 42. A comprehensive review and amendment of the fence regulations may occur at a later time. Because fence permits are no longer required, staff would rely on public education and informational brochures to inform property owners about the city's fence regulations. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 10/11/04 TIME 4:00P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 8 DEAN AN DREW AGENDA: DEVELOPMENT SERVICES ITEM NO. 4 BY: BY: Page 2 City Commission Action The City Commission reviewed this proposed addition to Chapter 42 (the Zoning Ordinance) on July 19, 2004 and approved the amending ordinance on first reading. Second reading was deferred until the proposed amendments to the building and fire codes were brought back to the Commission for second reading. The City Commission may now: 1. Approve the proposed zoning text amendment on second reading as written. 2. Approve the proposed zoning text amendment with certain reVISions, additions or deletions. 3. Discuss and consider alternatives to the proposed amendment. 4. Table this matter for further study. 5. Take no action. In this case the current fence regulations would remain in Chapter 8 unchanged and Chapter 8 would need to be revised prior to final adoption.