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HomeMy WebLinkAbout07092009 ZPC Agenda Item 3 Fence-like hedges-approach 2 (7-9-09) amend Table 7-6, Projection Schedule as follows: Table 7-6. Projections Schedule, cont. TABLE INSET: Special Rules For Maximum Allowed Projection (In Inches), Calculating Type Of Structure Measured From The Inside Edge Of The Yard. Open & Pervious Areas Front Rear Side SF Yard Yard Yard Bufferyard The area No limit may count Basketball 120„ No limit butsee generally, as both goals No limit open area Note 7. and pervious area. The area may count as both Playground 0 No limit 0 No limit open area equipment and Certain pervious Accessory area. Structures The area may count as both Flagpoles 120" 0 0 0 open area and pervious area. Fences. The area inclmling No limit, 0, but see does not fence-(lice but see Notes 8, No limit count as lied cs as 6,fW 12, Notes 8 No limit either open de died by U10 and IL or pervious ~ tla is area. ordW.1fice, The area counts as open area. Swimming 0 0, but see 0, but see No limit Only the pools Note 9 Note 9. water area counts as pervious area. The area counts as Tennis open area courts (with but not associated 0 0 0 No limit pervious screens) area (unless the area is made of grass). The area No limit No limit No limit limit may count Lights and generally, generally, generally, generally, as both but see but see but see generally, open area lampposts Note 10. Note 10. Note 10. but see and Note 10. pervious area. The area may count as both Gate closers 24„ No limit No limit No limit open area and pervious area. The area Signs (see does not Code of No limit 0 0 0 count as Ordinances) either open or pervious area. Add note 14 to table 7-6 as follows: _A`OIc 14. 11'0ice-like hed,,'es ~1°ltlrlrl le:;? /Ccr qfa pr-hrcrnal htrfldilli> wNclr wes a I'-o is;rcei lim, err°t, not proltibiled Add a definition to Article 2 as follows: a su°<li~ht 01, i urvecl line (1) Ilaviriz the Characteri sties of a fence; (ii) fore ino a physical barrier greater than 50% t of the width cif tide lot- and (iii) grox ing higher than five feet above Standard Base Level. r Proposal relating to fences, visibility and emergency access 2-10-09- e l cd -31-09 11er i t crbiic f€c its ) Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows: Sec. 18-208. Fence Emergency portals; visibility areasgate. (a) Generally; location. The primary purpose of this subsection is provide access to all sides of each building, so that firefighters and emergency personnel can enter the building, place ladders, fight fires, etc. If such access is blocked by fences, walls or other obstructions, there must at least two emergency portals, c.acli =with cl M111it11t1r11 4vidth of 30 Mches. and they must be located to allow access to the sides and rear of the building, as follows: (1) Usually there must be one portal on each side of the building facing the front street line, but on corner sites, one may face the side street line. (2) If there is a fully or part ially-enclosed utility easement that intersects a street area adjacent to the site, there must be an emergency portal to allow emergency access to the easement area from the street area. (b) Allowed types of portals. An emergency portal may be either: (i) a gate or door with a key box complying with the International Fire Code (see 506. 1), or (ii) a breachable fence segment or gate. A segment or gate is "breachable" if it is primarily made of wood or wood substitute (not thicker than one inch, in either case) or wrought iron. (e) Certain existing obstructions. Until May 1 October 1, 2014, it is an affirmative defense to prosecution for lack of emergency portals that: (i) existing fences, walls or other obstructions blocked the required access on May 1 October 1, 2009, and (ii) they were not replaced or structurally altered thereafter. (d) Visibility areas. Fences, walls and other things are forbidden in certain visibility areas. See Chapter 82 of this Code. with a ffli fig of 30 inehes must be built for ingfess and egress into the easefnefit efeWs Sec. 18-210. Masonry construction. Masonry fences must be made of brick, vitrified clay tile, concrete tile, or monolithic reinforced concrete, and must be built according to the following specifications: (1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be only of brick or monolithic reinforced concrete construction. (2) Pilasters shall be placed on not more than 12-foot centers, or adequate steel reinforcing shall be placed in the whole fence. (3) Expansion joints shall be placed on not more than 24-foot centers. (4) The fence shall have a foundation which shall rest on drilled footings sunk to approved bearing soil. Such footings shall be not less than 12 inches in diameter, and each footing shall have not less than four one-half-inch ties on three-foot centers. Foundation beams shall be not less than 12 inches wide and not less than 18 inches deep with not less than four five-eighths- inch reinforcing rods and three-eighths-inch ties, on not less than 30-inch centers. (5) A gate with . . 3pening of 30 inehes must be built fef ingfess and egfess into any pablie e -ement. Emergency portals may be required; see above. .-ti CM! NoicT S E1170bl 7-6 of the Zotiiiig Ordinance Note 8. Fences inay project into front and side ~-ards to the eXtent e.spressly required or riittlwrized by CitY ordinance (e... pro7!isions i I n Chapter 18 cllthe Code of ordillances rcquiring jrottt fC'nceS ~d1r temporary construction purposes cmd to screen nonresidentu7l uses; hroi-isions in 1'l~l~ sc~hedieles foi front fEnces. 41so in the Coda wf ordinances. there rare: (i) rcgttireinents for enter renc~~ portals in fences (Chapter 18) and (ii) restrictions on_knces, ' fieitce-like hed,es ° and other thitt,,s in ~>isibility areas (Chapter 82) Tit a QWDS lovi, fences (3.5 facet or log,rer maY be located c1YYwhere, if made ref r~ritctitrcritcrl rt~~tr.tl or ~i hite hir_kets Proposal regulating fence-like hedges Revised -31-0 (after joint public hearing) ,c1 Revised 7-1-2009 Amend Section 82-7 of the Code of Ordinances as follows: Sec. 82-7. Visibility triangles areas; trees, hedges, etc. (a) Obstructions prohibited. Obstructions are prohibited in visibility areas as indicated in the following table: 11.01ru .-Ill'o s Iwohibite 1 . it r0r %erlica n~~st ~~rtc°€t1 "ilt Any part of a fence, wall, '('round lal t1w at~i ;3 2=~~_ or other thing above !-,,I w of the obstruction Any dk, kedge Y-a`3`1 tt'f`2~e., W~ - 3 ,m=o mat r ~~i t°^,'•"~' 5~ t£t ~^>°eR ►h€ y: Tree branches or foliage A t below ci , ►►a ) any part ~£~~I of any other plant above tip w-_.. (h) Conduct unlawful. It shall be urnlawft►l for any person to: (1) plant. grow, construct, install or maintain any obstruction prohibited by this section, or (ii) allow any such obstruction on property, the person owns or controls. platit has (oi- pr-obably will have) a height ggr-eatet- than difee feet above the stfeet a _ . tiiaintains all ti-ees and plants on that' pi-oper-ty. The city i:nav entlef a visibility tr-iangle atid Rd the!-e shall not iaki i ► etio , (c) Certain trees. It is an affirmative defense to prosecution for a tree in a driveway visibility area that the tree was planted before July 1. 1992 and has no limbs or foliage below six feet. ~ j cr r cs ~ ~E~?~i~~" [(l) Priew~ro~r~ to>te i>tl~~r r gtcrtur 9_" tatits") o>certain elate-like hed",. "h-+v4 2rtI-1-1: It is an affirmative detcnse to resscct.rtiorr related to a fence-like hedge that: (1 ) the hed, e uas in existence and not in ion~pliance with er r *r~ ►z'-~''~° -~et4"- i el"I't,ellive, ti aff1 Chapter 82 on JulN' 1. - the he teas never been altered trm maintained to conforsil totis ,eton for a oe{_iod )~cecdniLy '10 davs in am, Ewell one ve.I Le;-J od beginning on the date s►.rc°h hedge is niade to cnnfornn wid) this sccticIn 4ij (:3) the 1J~.d'e did not hecome ►nore non-conihliant on car after thrtt ~1fe~t~g. July 1. 2009: and free-~' 1ple o",nershi p of the lot bras not changed Si►Ice Jr►l Y 1. '2009 te) Tt~r~nrrrac rig>rl `ai~t~l ithst~mclin anythir~ to the contrarv contained in st►hs<ction WO, a [ nc°e lilac hed~,e must he made compliant h4 no later than Jule 1, 2014. (l) Enif,wcelnent. I'hc; city Inav enter a v'riihility area and remove any growth prohibited by this section, and there shy tll fie no B,111)111 0; ollaer" 'Ear t~sl<i► y or aaot stick zac:tio►a. In Section 82-1 of the Code of Ordinances, delete the existing definition of "visibility triangle" and insert the following new definitions (to be inserted in alphabetical order with the others): Driveway visibility triangle means the area within a triangle beginning at the intersection of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the roadway). From the intersection point, the first side of the triangle extends five feet inward (away from the roadway) along the edge of the driveway, the second side of the triangle extends five feet along the edge of the sidewalk away from the driveway, and the third side is a straight line connecting the extended ends of the first two sides. If there is no sidewalk, the building official shall designate the probable location of a future sidewalk, which shall then be used as if it were an existing sidewalk. A typical driveway will have two such triangles, one on each side. The visibility triangle may include both public and private property. The building official may prepare example diagrams showing driveway visibility triangles. Fence-like hedge means a lineaf,.ontjwl,ious arrangement of trees, 5hf+tbs Of Nish lt° fLllt(1ll or Collage. ' whether i)CLi.il"l'Il3 Ell ~tl`;lEc,:3.lzt or curj'ed 1h,, (i) lha% g1 the c chara ate I't' ICS ~)f al tctlce (ii) ftrl'l"ailla a nlavsiclll harrier <'i,eater ilmn of [i1L v [call of the lot. adlicl t.l~) TC~~l2ll~' i€~~~ a filall ei. itt 1,CC1 al)w c sut, =asset a5c Level. " „*i, hff~r^hes or- foliage ever-lappifig „th;„ e ght feet of thee gfetind The a -fafi effie t ea be ^ °;„rtle Bible tj t4i pie Front-yard visibility area includes the front yard of each site, except for the part within ten feet of the inside edge of the front yard (the inside edge is sometimes referred to as the "building line"). Normally, the front-yard visibility area is a rectangle. Example: If a front yard is twenty feet deep, the front yard visibility area is ten feet deep. The building official may prepare example diagrams showing front yard visibility areas. Street visibility triangle means the area at a street corner lying within a triangular area beginning at the intersection point of the curbs of the two streets forming the corner (which will normally be a tangent point on a curved curb-line). Sides of the triangle extend 20 feet along each curb line (away from the intersection point, following any curves in the curb). The third side is a straight line connecting the extended ends of such 20-foot curb-line sides. If there is no curb on such a street, the central flow line of the gutter or ditch is used instead. The triangle may include both public and private property. The building official may prepare example diagrams showing street visibility triangles. Visibility area includes a street visibility triangle, a driveway visibility triangle and front- yard visibility area. Visibility triangle includes a street visibility triangle and a driveway visibility triangle. Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway visibility triangle" and amending the definition of "visibility triangle," as follows: Driveway visibility tFiaiigle fneans the area within a tFiangle beginning at the pr-eeise ititefsse point of the edge iia the inside edge of a sidewalk (i.e., the edge feet inwafd ("way 4effl the "'a• ay) along the edge of the dr-iveway, the e of n side of the tl'e sides. triangle exteads five feet alang the edge of the sidewalk away ffaffl the dr-iveway, and the thifd side is a stfaight line eetineeting the extended ends of the fifst twe is no sidewalk then be tised as if it wer-e an existing sidewalk. A typieal dr-ivewaywill have twe sueh triangles efie on each "le. C. eh tfiangles may „ ltide e within, ''.l of within, b ;l`l; ;te. Aii &Eafflple diagt:am shwe,,ing driveway visibility tfiangles is attaehed to this efdiflanee and made -a pft..feef-._ Visibility triangle. This term includes both "driveway visibility triangle" as defined in this Ordinance and "street visibility triangle" as defined in Chapter 82 of the Code of Ordinances. Amend both pages of Table 7-5a of the Zoning Ordinance as follows: Visibility 'File + 11 t„rc,;ddef, t Ft 4 a Iil ire` triangles forbidden sir ita~~ }lTi : stF~fetkff-es, Plants of Slee structures, other- t1iings ll „ thafi n ft . ho -r f than 9.0 ft -'.gin plants and This does not f-eqttit-e i-emoval of tfees iti existence on ale other things 4ily 1 -1P 2. i' lkept pi-tin See Chapter 82 of the ? Code of Ordinances. Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows: Note 8. Fences. Fences may project into front and side yards to the extent expressly required or authorized by City ordinance (e.g.. provisions in Chapter 18 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidential uses, provisions in PDD schedules for front fences). Also in the Code of Ordinances, there are: (i) requirements for eni-ergency portals in fences (Chapter 1.8) and (ii) restrictions on fences, "fence-like hedges" and other things in visibility areas (Chapter 82). In a QUIDS low fences (3.5 feet or lower) may be located anywhere. if made of ornamental metal or white pickets. Proposal relating to Field code changed fences, visibility and emergency access , evised 3-31-09 (afifer ioint pctblfc hearinq) Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows: Sec. 18-208. Emergency portals; visibility areas (a) Generally; location. The primary purpose of this subsection is assure yaccess to all Deleted: provide sides of each building, so that firefighters and emergency personnel can enter the building, place ladders, fight fires, etc. If such access is blocked by fences, walls or other such permanent obstructions, there must at least two emergency portals, each with a minimum width of 30 inches, and they must be located to allow access to the sides and rear of the building, as follows: (1) Usually there must be one portal on each side of the building facing the front street line, but on corner sites, one may face the side street line. (2) If there is a fully or partially-enclosed utility easement that intersects a Comment [REYI]: Should this be an automate street area adjacent to the site, there must be an emergency portal to allow requirement or the ordinance govemmg °ntdity e emenls'"' emergency access to the easement area from the street area. (b) Allowed types of portals. An emergency portal may be either: (i) a gate or door with a key box complying with the International Fire Code (see 506.1), or (ii) a breachable fence segment or gate. A segment or gate is "breachable" if it is primarily made of wood or wood substitute (not thicker than one inch, in either case) or wrought iron.' Comment [REY2]:'fhis may not fully address (c) Certain existing obstructions. Until October 1, 2014, it is an affirmative defense to demolis shed. the real he of Even the w~ ore material e i wood d e ox wrought iron may be prosecution for lack of emergency portals that: (i) existing fences, walls or other obstructions unreasonatrly thick or hard for the purposes of blocked the required access on October 1, 2009, and (ii) they were not replaced or structurally shouldfng also be amsi beconsierexurnercompliantmdcerials i, hould dered. altered thereafter. (d) Visibility areas. Fences, walls and other things are forbidden in certain visibility areas. See Chapter 82 of this Code. Sec. 18-210. Masonry construction. Masonry fences must be made of brick, vitrified clay tile, concrete tile, or monolithic reinforced concrete, and must be built according to the following specifications: (1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be only of brick or monolithic reinforced concrete construction. (2) Pilasters shall be placed on not more than 12-foot centers, or adequate steel reinforcing shall be placed in the whole fence. (3) Expansion joints shall be placed on not more than 24-foot centers. (4) The fence shall have a foundation which shall rest on drilled footings sunk to approved bearing soil. Such footings shall be not less than 12 inches in diameter, and each footing shall have not less than four one-half-inch ties on three-foot centers. Foundation beams shall be not less than 12 inches wide and not less than 18 inches deep with not less than four five-eighths- inch reinforcing rods and three-eighths-inch ties, on not less than 30-inch centers. (5) Emergency portals may be required: see above. i Comment [REY3]: Is see above- a suitable form of reference. or should the specific section be mentioned? Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows: Note 8. Fences may project into front and side yards to the extent e_apressh1 required or authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances _ Comment [REYa]: The matching parenthesis is requiring front fences for temporary construction purposes and to screen nonresidential uses; missing. provisions in PDD schedules for front fences. Also in the Code of ordinances, there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences, "fence-like hedges ° and other things in visibility areas (Chapter 82) In a QMDS low fences (3.5 feet or lower niay be located anYwhere, if made of ornamental metal or white pickets. Proposal regulating fence-like hedges Revised 3-31-09 (after joint public hearing) Revised 7-7-2009 Amend Section 82-7 of the Code of Ordinances as follows. Sec. 82-7. Visibility areas; trees, hedges, etc. (a) Obstnictions prohibited. Obstructions are prohibited in visibility areas as indicated in the following table: Area Obstructions prohibited i Point for vertical I measureracnt Driveway visibility And part of a fence, wall. Ground level at the triangles plant or other thing above base of the three feet. obstruction Front yard visibility Any fence-like hedoe higher Standard base level. areas thin five feet. _ Street visibility ; Tree branches or foliage Standard base level. tri angles i below eight feet and any part I of any other plait above three feet. (b) Conduct unlawful. It shall be unlawful for any person to: (i) plant, grow, construct, install or maintain any obstruction prohibited by this section, or (ii) allow any such obstruction on property the person owns or controls. Comment [REYS]: Good. (c) Certain trees. It is an affirmative defense to prosecution for a tree in a driveway visibility area that the tree was planted before July I, 1992 and has no limbs or foliage below six feet. (d) Prior non -confonning status PNC Status of certain fence-like hedges. It is an affirmative defense to prosecution related to a fence-like hedge that: (1) the hedge was in existence and not in compliance with Chapter 82 on July 1, 2009: (2) the hedge has never been altered or maintained to conform to this section for a period exceeding 30 days in any given one year period beginning on the date such hedge is made to conform with this section; (3) the hedge did not become more non-compliant on or after July 1, 2009: and (4) fee-simple ownership of the lot has not changed since July 1, 2009. (e) Termination. Notwithstanding anything to the contrary contained in subsection (d0, a fence-like hedge must be made compliant by no later than July I, 2014. comment [rtEVe]: I endorse and prefer the s- (f) Enforcement. The city may enter a visibility area and remove lany growth prohibited yeg~an ger. but not not and e longertha accept one d atis islightly ko xtger:ui IO years'. by this section, and there shall be no liability to others for taking or not taking such action. Comment CREW]: Can it be stipulated that such removal is at the owner's expense, or is that covered In Section 82-1 of the Code of Ordinances, delete the ere? existing definition of "visibility triangle" and insert the following new definitions (to be inserted in alphabetical order with the others): Driveway visibility triangle means the area within a triangle beginning at the intersection of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the roadway). From the intersection point, the first side of the triangle extends five feet inward (away from the roadway) along the edge of the driveway, the second side of the triangle extends five feet along the edge of the sidewalk away from the driveway, and the third side is a straight line connecting the extended ends of the first two sides. If there is no sidewalk, the building official shall designate the probable location of a future sidewalk, which shall then be used as if it were an existing sidewalk. A typical driveway will have two such triangles, one on each side. The visibility triangle may include both public and private property. The building official may prepare example diagrams showing driveway visibility triangles. Fence-like hedge means a contiguous arrangement vegetation or foliage, whether occurring in straight or curved line (i) having the characteristics of a fence; (ii) forming a Deleted: e physical barrier greater thane, % of the width of the lot; and (iii) growing lower than eight comment CREYS]: Suggest feet above Standard Base Level. Front-vard visibility area includes the front yard of each site, except for the part within ten feet of the inside edge of the front yard (the inside edge is sometimes referred to as the "building line"). Normally, the front-yard visibility area is a rectangle. Example: If a front yard is twenty feet deep, the front yard visibility area is ten feet deep. The building official may prepare example diagrams showing front yard visibility areas. Street visibility triangle means the area at a street corner lying within a triangular area beginning at the intersection point of the curbs of the two streets forming the corner (which will normally be a tangent point on a curved curb-line). Sides of the triangle extend 20 feet along each curb line (away from the intersection point, following any curves in the curb). The third side is a straight line connecting the extended ends of such 20-foot curb-line sides. If there is no curb on such a street, the central flow line of the gutter or ditch is used instead. The triangle may include both public and private property. The building official may prepare example diagrams showing street visibility triangles. Visibility area includes a street visibility triangle, a driveway visibility triangle and front- yard visibility area. Visibility triangle includes a street visibility triangle and a driveway visibility triangle. Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway visibility triangle" and amending the definition of "visibility triangle, "as follows: Visibility triangle. This term includes both "driveway visibility triangle" and "street visibility triangle" as defined in Chapter 82 of the Code of Ordinances. Amend both pages of Table 7-5a of the Zoning Ordinance as follows: Visibility Forbidden structures, plants and T See Chapter 82 of the Code of triangles other things Ordinances. Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows: Note 8. Fences. Fences may project into front and side yards to the extent expressly required or authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidential uses. provisions in PDD schedules for front fences). Also in the Code of Ordinances, there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences, "fence-like hedges" and other things in visibility areas (Chapter 82). In a QMDS low fences (3.5 feet or lower) may be located anywhere, if made of ornamental metal or white pickets.