HomeMy WebLinkAbout11132008 ZPC Agenda Item 5
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of the total yard area in which suc driveway or parking space is located and shall
be covered by a permanent impermeable surface such as concrete or asphalt.
ii. No unpaved surface may be used for parking or storage of vehicles.
(d) Alternative Surfaces
Should it become necessary to reduce the non-permeable area on the lot, the owner
at his option may substitute perforated paving or other permeable material for concrete
or asphalt if installed in accordance with standards on file in the Engineering
Department.
Sec. 28. Fences, Walls, and Equipment Screening
28-100 Enforcement Date
The enforcement of the restrictions as ordained in this section shall be applicable to fences, walls and
equipment screening built after December 1, 1980.
28-101 Inspection and Maintenance
(1) All fences, walls, screens, or retaining walls must be inspected upon completion by the
Building Inspection Department. It shall be the duty of the permit holder to make a request
for inspection to the Department within three (3) days after the work has been completed.
(2) All fences, walls, screens, or retaining walls constructed under the provisions of this
Section shall be maintained so as to comply with the requirements of this Section at all times.
Such structures shall be maintained by the owner or person in charge of the property in as
near as possible the same condition as when such structure was erected, and shall be
maintained at a minimum as follows:
(a) The stricture shall not be out of vertical alignment by more than twenty degrees;
and
(b) All damaged or missing portions of such stricture shall be replaced with
comparable materials of a color comparable to the remaining portions of such structure.
28-102 Materials
(1) Except as otherwise provided herein, fences, walls, screens, or retaining walls may be
constricted of wood, masonry, concrete, wrought iron, or chain link. The Community
Development Manager may approve the use of alternative materials, provided that the
material offered is at least the equivalent of the above prescribed materials in suitability,
strength and durability. The Community Development Manager shall require that sufficient
evidence or proof be submitted to substantiate any claims that may be made regarding use of
an alternative material.
(2) No fence, wall, screen, or retaining wall may be constructed of barbed wire, razor
wire, ribbon wire, sheet metal, wire mesh, or any other similar material. No fence, wall,
screen, or portion thereof shall be electrically charged.
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28-103 Prohibited Locations
(1) No fence, wall, screen, retaining wall, or any part thereof shall be constructed upon or
caused to protrude over any public property, right-of-way, or easement. All fences must be
maintained in a vertical plane so as to not overhang or encroach upon any public property,
right-of-way, or easement.
(2) No fence, wall, screen, or retaining wall, or any portion thereof, shall be constructed or
allowed to remain in a position which will cause an obstruction or interference with the
minimum sight line standards defined in Article 10.2500 of the Code of Ordinances, or
constitute a visibility hazard for any street, alley, or sidewalk adjacent thereto.
(3) No encroachment on any public property, right-of-way or easement by a fence, wall,
screen, or retaining wall, or any portion thereof, shall be allowed except by prior written
approval by the City Council, with the consent of any public utility or other public or private
agency or entity having an interest in or right to use any such public property, right-of-way,
or easement. Written approval of all affected public and private entities must be submitted to
the Community Development Manager with the permit application.
28-104 Fence Height Requirements and Interpretations
(1) All fence, wall, or screen heights shall be measured vertically from the natural grade
on the outside of the fence. Retaining wall height shall be measured from the natural grade of
the yard at the bottom of the retaining wall. Fence, wall, screen, or retaining wall heights
shall be as stated in this Section.
(2) Columns, posts or supporting strictures may extend a maximum of six feet (6') in
height above the abutting or adjoining screening surface of a fence or wall, not to exceed a
maximum of seven feet six inches (7'6") in height above the grade or ground level where
such column, post, or supporting structure is located.
(3) Lights, lamps, or any type of ornamentation mounted on any column, post, or
supporting structure of a fence or wall may extend a maximum of twelve inches (12") above
the abutting or adjoining screening surface of such fence or wall, not to exceed a maximum
of eight feet (8') in height above the grade or ground level where such column, post, or
supporting structure is located.
(4) Where fences or walls are erected on retaining walls at the common property line
between two (2) adjoining or abutting properties in which one (1) property is higher than the
adjoining or abutting property by virtue of the retaining wall, the screening surface of such
fence or wall, when located at the property line, shall not exceed a maximum of six feet (6')
in height above the top surface of the retaining wall immediately below the screening surface
and not to exceed a maximum of seven feet (7') in height above the ground or ground level
below the screening surface at the point of juncture with the base or low side of the wall.
(5) The screening surface of a fence or wall erected on grade or ground level higher than
the abutting or adjoining property, where the properties are separated by a retaining wall,
may extend to a maximum height of seven feet (7') above the grade or ground level on the
high side of the retaining wall, provided such screening surface is located back from the
common property line a distance equal to twice the difference in grade of the two (2) abutting
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properties, measured at the fence or the retaining wall.
(6) Fences or walls erected or located adjacent to or abutting on any structure or surface,
constructed in such a manner so as to provide a raised or built-up surface higher than the
grade or ground level of the fence line of the screening port ion of a fence or wall, such as,
but not limited to wood decks, patios, berms, pool decks, etc., shall not exceed seven feet (T)
in height and such height shall not be measured from any such built-up or raised surface.
28-105 Fence Requirements in the SF, SF-A, D and MF Districts
(1) Rear yard
(a) Any fence or wall constructed along the rear property line, where such property
line adjoins an alley easement, shall not exceed eight feet (8') in height.
(b) Any fence or wall constructed along any rear property line, not adjacent to an
alley easement, shall not exceed seven feet (T) in height.
(c) Any fence must be located a minimum of two feet (2') away from the edge of the
alley or on the rear property line, whichever is further away from the edge of the alley
pavement.
(Ordinance 05/30 adopted 9/6/05)
(d) Placement of Trash Receptacles on Private Property
(1) A minimum eight feet (8') wide by three feet (3') deep inset for the storage
and placement of approved trash receptacles on private property must be provided
parallel to and abutting an alley. The inset is required to be provided when a new
permit is issued for the installation of a new fence, or for the repair of an existing
fence under Section 13.100(1) of the Code of Ordinances [Section 13-100(1) of
this Comprehensive Zoning Ordinance].
(2) Insets or other areas provided on private property for trash receptacles must
be completely unobstructed and easily accessible for collection from an alley
right-of-way.
(3) Trash receptacles shall be placed on a level surface, which shall not be more
than one foot (1') above the grade of the alley pavement, and which shall be
completely on private property.
(Ordinance 06/19, sec. 2, adopted 8/1/06)
(2) Side yard
(a) Where a fence or wall is erected along a side lot line between properties, such
fence or wall shall not exceed seven feet (T) in height. Where a fence or wall is erected
along a side lot line where such property line adjoins a street right-of-way (corner lot),
such fence or wall shall not exceed eight feet (8') in height. However, if the existing
grade of the lot slopes toward the street in such a way that a retaining wall is necessary,
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0 0 the maximum height of the retaining wall and fence, in the side yard behind the front
building line, shall not exceed ten feet (10') when measured from the adjacent grade on
the street side, provided that the fence portion shall not exceed eight feet (8) in height.
(Section 28-105(2)(a) amended by Ordinance 06/15 adopted 6/20/06)
(b) Fences or walls erected on sloping ground may be stepped or constructed to
adjust to grade, provided the maximum height shall not exceed seven feet (7').
(c) Where a fence or wall along a side lot line intersects with a fence or wall along a
rear lot line, if the rear fence or wall is higher than the side fence or wall, the side fence
or wall may be stepped or angled up to join the rear fence or wall, provided the stepped
or angled portion does not exceed five feet (5') in length.
(d) Retaining walls may be constructed in the required interior side yard, provided
that such structures meet the following height and set back requirements:
i. A retaining wall, one foot (1') tall or less, may be placed on the adjacent side
property line;
ii. A retaining wall exceeding one foot (1') in height shall be set back not less
than four feet (4') from the adjacent property line;
Ili. A retaining wall exceeding two feet (2) in height shall be set back not less
than five feet (5) from the adjacent property line; and
iv. A retaining wall three feet (3') or greater in height shall be set back not less
than six feet (6') from the adjacent property line.
(3) Front yard
Fences or walls shall not be constructed in the front yard, past the front wall of the main
structure, except in the following circumstances:
(a) Decorative metal ° and masonry walls not exceeding five feet (5') in
height, architecturally attached to the main building and extending not more than six
feet (6) into the front yard;
(b) Any edging for flower or landscaping beds that does not exceed twelve inches
(12") in height;
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(c) Retaining walls not exceeding two feet (2') in height above the average natural
grade of the front yard;
(d) Masonry walls not exceeding two feet (2') in height; or
(e) Where specifically authorized by another section of the Comprehensive Zoning
Ordinance.
28-106 Special Exception for a Front Yard Fence in the SF-1 District
(1) A special exception may be granted by the Board of Adjustment for a fence in a front
yard in an SF-1 District, after notice and public hearing, for property of at least one (1) acre
or greater in size, if the Board believes such special exception will not be contrary to the
public interest, and:
(2) A site plan has been filed with an application for a special exception containing the
following, at a minimum:
(a) A layout of the fence on the property, including all gates;
(b) A description of the fence, containing the following, at a minimum:
i. That the fence will be constructed of any solid material, except wood or a
wood product;
ii. That the fence will not exceed six feet (6') in height above grade at any
point, including gates;
iii. That the fence will be constructed with openings of not less than fifty
percent (50%) of the total area of the fence;
iv. That the fence will be dark in color, either black or dark green; and
v. That the fence or landscape materials required hereby do not create any site
obstruction to driveway, street, sidewalk or alley.
(c) A landscape plan showing that the fence will be screened from view from any
adjoining property by landscape material greater than six feet (6') in height and planted
on centers close enough to maintain a complete screening of the fence at all points, and
including an irrigation system for such landscape materials, with:
i. A recordable, written covenant executed by the property owner(s) that the
landscape material will be irrigated and maintained at all times as a condition to
continuance of the special exception; and
ii. Written approval of the design of the gates in the fence by the University
Park Fire Department, which design shall include a plan for access to the property
through such gates in the event of fire or other emergency.
(3) In the alternative to a fence screened by landscape material, the Board may grant a
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0 special exception, subject to the applicable requirements above, for an open, wrought iron
fence in an SF-1 District, on a lot of one (1) acre or greater in size, under the following
conditions:
(a) The fence must be kept in an open state, that is, not screened by a landscape
barrier or hedge;
(b) The fence must be black or dark green wrought iron, with brick column
construction;
(c) The brick columns must be no greater than two feet (2') in width;
(d) The fence must be constructed with opening of not less than seventy-five percent
(75%) of the total area of the fence;
(e) The fence shall not exceed six feet (6) in height above grade at any point,
including gates; and
(f) The fence may have a brick "knee" or base wall, not exceeding two feet (2') in
height, under the wrought iron.
(Ordinance 05/30 adopted 9/6/05)
28-106(a) Special Exception for a Front Yard Fence in the SF-2 District
After notice and public hearing, a special exception may be granted by the Board of Adjustment to allow
a fence in the required front yard of property in an SF-2 Zoning District where the property is adjacent
to and facing the Dallas Country Club, if:
(1) The property is at least one-third (1/3) of an acre or greater in size;
(2) The Board believes such special exception will not be contrary to the public interest,[;]
and:[,]
(3) A site plan has been filed with an application for a special exception, containing the
following, at a minimum:
(a) A layout of the fence on the property, including all gates;
(b) A description of the fence, containing the following, at a minimum:
i. That the fence will be constructed of wrought iron[;]
ii. That the fence will not exceed eight feet (8') in height above grade at any
point, including gates;
ill. That the fence will be constructed with openings of not less than seventy-
five percent (75%) of the total area of the fence;
iv. That the fence will be dark in color, either black or dark green; and
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V. Written approval of the design of the gates in the fence by the University
Park Fire Department, which design shall include a plan for access to the property
through such gates in the event of fire or other emergency.
(Ordinance 07/20 adopted 6/19/07)
28-107 Fence Requirements in the UC, O, GR, RC, SC, C and PD Districts
No fence shall be constructed:
(1) at a height exceeding seven feet (7') in the rear or side yards of the property; or
(2) in the front yard, past the front wall of the main building.
28-108 Construction Fences
A fence is required around all residential new construction sites and around remodeling, alteration or
addition sites. If, in the opinion of the Community Development Manager, the proposed remodeling,
alteration or addition would not adversely impact adjoining properties due to construction debris, traffic
or other associated conditions, the Community Development Manager may waive the requirement of the
construction fence or any portion thereof. The minimum height for a construction fence shall be six feet
(6) and openings therein shall not exceed six (6) square inches. Gates, when open, shall not obstruct
public sidewalks or alleys and shall be locked when daily activities are shut down. On any construction
site where, in the opinion of the Community Development Manager, a solid fence would ensure the
safety of the public, a solid fence shall be required. Temporary construction fences may be removed
upon completion of the exterior of the facility and removal of construction debris, prior to final grading
of the lot.
28-109 Tennis Court
Fences or walls which exceed seven feet (7') in height shall be set back from any side lot line or front
building line two feet (2') for every one foot (1') that the fence or wall exceeds seven feet (7') in height,
and fences or walls exceeding eight feet (8') in height shall be set back from the rear property line two
feet (2') for every one foot (1') that the fence or wall exceeds eight feet (8') in height.
28-110 Municipal Facility Fences
Fences and walls constructed on or around municipal facilities may be constructed in the required front
yard and may exceed required heights when deemed necessary for the safety or protection of the
facilities.
28-111 Swimming Pool Enclosures
Every person in possession of land within the City, either as owner or tenant, upon which a swimming
pool, spa, or hot tub is located, shall at all times maintain a fence, wall, or other structure which
completely surrounds the swimming pool, spa, or hot tub. Such fence or wall shall meet the following
requirements:
(1) Prior to the construction of a swimming pool and the building of a fence around such
pool, a building permit must be obtained.
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(2) As part of the permit procedure, the contractor of the swimming pool and the
contractor for the fence for such pool shall sign an agreement signifying that such contractor
or contractors understand and agree to the conditions of this article as well as the conditions
of the deposits as listed in subsection (3) below.
(3) The pool contractor must deposit one hundred dollars ($100.00), and the fence
contractor forty dollars ($40.00) both of which are refundable if, in the opinion of the
building inspector, all provisions of this article have been met and that proper clean up has
been accomplished.
(4) A fence or wall a minimum of six feet (6') tall shall completely enclose the swimming
pool, spa, or hot tub, and shall have horizontal supporting members located on the inside or
pool side of the fence and be designed so as to not allow children to climb such fence or wall.
A fence or wall enclosing a swimming pool, spa, or hot tub shall have no openings, other
than doors or gates, larger than four (4) square inches. Fences comprised primarily of vertical
members (i.e. picket type or wrought iron) shall have no openings between members,
measured horizontally, greater than four inches (4").
(5) All gates in a fence or wall enclosing a swimming pool, spa, or hot tub, and leading
into the pool, spa, or hot tub area, shall be single type, personnel gates not exceeding forty-
eight inches (48") in width and shall be equipped with self-closing and self-latching devices
capable of keeping such gates securely closed at all times. Such latching devices shall be
designed such that access from the outside is with a keyed lock. Double gates, sliding gates,
or automated gates across driveways or parking areas shall not be considered as meeting the
requirements of this Section.
(6) The property owner shall agree, as a condition of the permit, to:
(a) Maintain in good working order the fence, gates, and doors granting access to the
pool area from the outside, as prescribed in this Section;
(b) Authorize an inspector from the City of University Park to make periodic or
special inspections of the pool area to determine if all provisions of this Section are
being maintained; and,
(c) Agree to make whatever adjustment, repairs, or replacement to the fence, gates,
or doors leading to the pool area as required by the inspector to conform to this Section.
28-112 Location of Retaining Walls in Residential Side Yards
Retaining walls may be constructed in the required interior side yard in residential districts provided
such retaining walls meet the following height and setback requirements:
(1) A retaining wall one foot (1') tall or less may be placed on the adjacent side property
line;
(2) A retaining wall one foot, one inch (1'1 to two feet (2') tall shall be set back not less
than four feet (4') from the adjacent side property line;
(3) A retaining wall two feet one inch (2'1") to three feet (3') tall shall be set back not less
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than five feet (5') from the adjacent side property line;
(4) A retaining wall three feet one inch (3'1 or greater in height shall be set back not less
than six feet (6') from the adjacent side property line.
28-113 Equipment Screening
(1) In the UC-3 District, items such as dumpsters, mechanical equipment, and loading
areas must be screened from view from any point on Dublin by a solid screening wall of
sufficient height.
(2) In the C District, parapet walls, not to exceed ten feet (10') in height, shall shield any
roof mounted mechanical equipment.
(3) In the C District, when such equipment is located in the side yard of a corner lot,
adjacent to a side street, or in the front half of any lot, such equipment shall be screened from
view by fence, wall, or shrubbery.
Sec. 29. Outdoor Storage
Parking spaces shall not be used for the storage, sale or display of merchandise or the storage, sale or
display of complete or dismantled vehicles.
Sec. 30. Drainage and Stormwater Management
30-100 Run-off Control
(1) Refer to Chapter 3, Article 3.100, Code of Ordinances, for requirements for control of
run-off water.
(2) Chapter 3, Art. 3.100 of the Code of Ordinances, shall apply to those locations in the
UC Districts where the run-off water does not enter the storm sewer system maintained by
S.M.U. in the original main campus.
30-101 Flood Plain r w:; d t:r_n:
A small area in the City is in a Flood Plain Zone as designated by the Federal Insurance Administration.
Refer to Chapter 3, Article 3.400 of the Code of Ordinances for applicable requirements.
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AK I'ICLE X. SPECIAL REGiOATIONS
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ARTICLE X. SPECIAL REGULATIONS
Sec. 3-81. Special front yard regulations.
(1) Where the frontage on one (1) side of a street between two (2) street intersection
divided by two (2) or more zoning districts, the front yard shall comply with the requirements of
the most restrictive district for the entire block. s is
(2) If twenty-five (25) percent or more of the frontage on one (1) side of a street between
(2) street intersections in any residential district is improved with buildings that have obse two
an average front yard line with a variation in depth of not more than six (6) feet, then the
average front yard so established shall be observed served
shall not be interpreted as requiring a front yard of more thandfifty (50)e feet or1permlittin galfr
yard of less than twenty-five (25) feet. g front
(3) The front yard shall be measured from the property line to the front face of the building,
covered porch, covered terrace or attached accessory building. Eaves and roof extensions may
project into the required front yard for a distance not to exceed two (2) feet. An uncovered porch
may extend into the required front yard in the SF-A, SF-B, 2F-C and MF-D Districts for a
distance not to exceed ten (10) feet. (4) Where a lot has double frontage, running through from one (1) street to another
yard requirements of this section shall apply to an , the front
y yard of
directly across a street from the front property line of a
nother lotsuch double frontage lot that is
(5) Gasoline service station pump islands shall be located not less than eighteen (18 feet from
the front property line.
(6) Any property hereafter used for business purposes in the B Districts shall face and have its
main entrance on Broadway or the Austin Highway according to which street provides the main
access to such property.
(7) No fence, wall or other manmade, non-living barrier, other than the wall of a structure, shall be erected or altered within the minimum required portion of a front
excess of three (3) feet in height measured from the lower side of the fence permitted
barrier, or in excess of six (6) feet in height within the remaining yard in
measured from the lower side of such fence, wall or other barrier. When wall or other
front yard
adjacent to the location of a fence, wall or other barrier has been altered portion of from a its natural
condition, the city engineer shall determine the permissible height the grade of the land
barrier from the city engineer's projection of the natural grade of the land a fence, wall or other
(Ord. No. 1750-C, § 2, 1-28-08)
Sec. 3-82. Special side yard regulations.
(1) There shall be a side yard on each side of a one-family or two-family dwellin an
of both side yards shall not be less than twenty-five (25 p g d the total
provided however, that in no case shall the total of the twoc(2)t ode ya dsrbeel ss width than tfift lot,
(15) feet and the total of such two (2) side yards need not exceed thirty (30) feet. No single side
yard shall be less than five (5) feet in width. een
(2) For multiple-family dwellings which are arranged with the long dimension of the
building
approximately parallel to the front lot line and where the building end adjacent and parallel to the
side lot line does not exceed thirty-five (35) feet in width, a minimum side yard of fifteen 15) feet
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AK1 It_ Lt A. `rtLIAL KEUULATIONS Page 2 of 10
shall be provided.
(3) Where multiple-family dwellings are arranged on a lot with a building side having a length
greater than thirty-five (35) feet and being approximately parallel to the side lot line, or where
the side of such building is parallel to another building in a project, a side yard of fifteen (15) feet
shall be provided on each side of each building. The effect of such side yard shall be that the
walls of buildings arranged as parallel structures shall be a minimum average of thirty (30) feet
apart and that no canopy or balcony shall extend into such side yard for a distance greater than
five (5) feet.
(4) Schools, churches and other permitted public or semi-public buildings when located in the
SF-A, SF-B, 217-C, MF-D or P Districts, shall provide a minimum side yard of twenty-five (25)
feet.
(5) Not more than forty (40) percent of the required rear yard area may be covered by a private
garage or other permitted accessory buildings. Rear yard area is defined as the product of the
lot width times the required rear yard setback distance.
(6) Detached garages or other detached accessory buildings shall be located not less than ten
(10) feet from the main building and shall not be less than three (3) feet from the side property
line.
(7) Where a side yard abuts a street on a corner lot, no garage, or enclosed motor vehicle
storage structure with access to the street may be erected nearer to said side property line than
twenty (20) feet.
(8) Every part of a required side yard shall be open and unobstructed except for the ordinary
projections of window sills, belt courses, cornices, roofs and other architectural features
projecting not to exceed two (2) feet into the required side yard.
(9) No fence, wall or other manmade, non-living barrier, other than the wall of a permitted
structure, shall be erected or altered in any side yard in excess of six (6) feet in height
measured from the lower side of such fence, wall or other barrier. When the grade of the land
adjacent to the location of a fence, wall or other barrier has been altered from its natural
condition, the city engineer shall determine the permissible height of a fence, wall or other
barrier from the city engineer's projection of the natural grade of the land.
(10) Air-conditioning units are allowed to encroach into any required side yard setback. Such
units shall be located as close to the structure as possible, and in no case shall they be located
closer than three (3) feet to the property line or fence.
(Ord. No. 1750-C, § 2, 1-28-08)
Sec. 3-83. Special rear yard regulations.
(1) In the B Districts, a minimum twelve (12) foot rear yard is specified for hotel or motel and no
rear yard is specified except that where a retail or commercial use backs upon a common
district boundary line, a minimum rear yard twenty (20) feet shall be provided for retail or
commercial use and such twenty (20) feet shall include an alley or service easement not less
than fifteen (15) feet in width.
(2) Every part of a required rear yard shall be open and unobstructed except for permitted
accessory buildings and ordinary projections of window sills, eaves, belt courses, cornices and
other architectural features projecting not to exceed two (2) feet into the required rear yard.
(3) A detached garage or other permitted accessory building shall provide a minimum rear yard
of three (3) feet, except in SF-A and SF-B Districts which shall be five (5) feet.
(4) Schools, Churches and other permitted Public or Semi-Public Buildings when located in the
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AR 1 IC;LE X. SPECIAL REGU4TIONS
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SF-A, SF-13, 2F-C or MF-D Districts, shall provide a minimum rear yard of twenty (20) feet.
(5) Not more than forty (40) percent of the required rear yard area may be covered by a private
garage or other permitted accessory buildings.
(6) No fence or wall, other than the walls of a permitted structure, shall be erected or altered in
any rear yard to exceed a height of six (6) feet measured from the lower side of such fence, wall
or other structure. When the grade of the land adjacent to the location of a fence, wall or other
barrier has been altered from its natural condition, the city engineer shall determine the
permissible height of a fence, wall or other barrier from the city engineer's projection of the
natural grade of the land.
(7) Air-conditioning units are allowed to encroach into any required rear yard setback. Such
units shall be located as close to the structure as possible, and in no case shall they be located
closer than three (3) feet to the property line or fence.
(Ord. No. 1750-C, § 2, 1-28-08)
Sec. 3-84. Special parking regulations.
(1) Minimum off-street parking requirements for the hereafter specified non-residential uses
are as follows:
(a) Bowling alley: Six (6) spaces for each lane or alley
(b) Churches, theatres or places of public assembly: One (1) space for each three (3)
seats in the main sanctuary
(c) Hospitals: One (1) space for each patient bed provided
(d) Hotel or motel: One (1) space for each room or guest unit
(e) Offices, retail and business uses: One (1) space for each three hundred (300)
square feet of gross floor area in the building
(f) Restaurant or cafeteria: One (1) space for each three (3) seats or customer service
facilities provided
(g) Schools or colleges: Two (2) spaces for each classroom, plus one (1) space for
each four (4) seats in any auditorium, gymnasium or other place of assembly
(2) A parking space shall be defined as an all-weather-surfaced area of not less than one
hundred eighty (180) square feet measuring approximately nine (9) feet by twenty (20) feet not
on a public street or alley, together with an all-weather-surfaced driveway connecting the area
with a street or alley and permitting free ingress and egress thereto. All-weather-surfaces
includes asphalt, concrete, flagstone, brick pavers, concrete pavers and similar materials.
Parking spaces for residential uses shall be covered (except as hereinafter specified). Parking
spaces for non-residential uses may be covered or uncovered. Any parking adjacent to a public
street wherein the maneuvering is done on the public street shall not be classified as off-street
parking in computing the parking area requirements for any use.
(3) Whenever any lot is used for off-street parking purposes incidental to any lawful use of
property, the parking area and all access drives shall be surfaced with asphalt or concrete, and
the pavement surface shall be maintained in good repair and free of debris, trash or other
similar material or dirt.
(4) Any light used to illuminate a parking area shall be so arranged as not to be directed into
any adjacent residential uses or residential districts.
(5) In computing the parking requirements for any building or development, the total parking
requirements shall be the sum of the specific parking space requirements for each class of use
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AK 1 IULL X. SPhC1AL REGUJJTIONS Paue 4 of 10
included in a development.
(6) All retail and commercial structures shall provide and maintain off-street facilities for the
loading and unloading of merchandise and goods within the building or on the lot adjacent or
from a public alley or private service drive. Such space shall consist of a minimum area of ten
(10) feet by twenty-five (25) feet for each twenty thousand (20,000) square feet for floor space
or fraction thereof in excess of three thousand (3,000) square feet in the building.
(Ord. No. 1750-C, § 2, 1-28-08)
Sec. 3-85. Accessory structures.
The following standards shall apply to all accessory buildings hereafter constructed or altered in
any residential district:
(1) Required front yard setback. Attached accessory buildings shall have a required
front yard the same as the main building. Detached accessory buildings shall be located
to the rear of the main building.
(2) Required side yard setback. For any detached accessory building, there shall be a
side yard not less than three (3) feet from any side lot line, except that adjacent to a side
street the side yard shall never be less than ten (10) feet, except as provided in
paragraph (4), following.
(3) Required rear yard setback. For any detached accessory building, there shall be a
rear yard setback not less than three (3) feet from any lot line, alley line, or easement
line. Garages or other detached accessory buildings located within the required rear
yard shall not be located closer than ten (10) feet to the main building nor nearer than
three (3) feet to any side lot line.
(4) Garage facing street or alley line. Any garage or enclosed vehicle storage structure
constructed in a residential district, detached or as an integral part of the main structure,
shall be set back not less than twenty (20) feet from any side or rear property line from
which such garage or storage structure may be entered.
(Ord. No. 1750-C, § 2, 1-28-08)
Sec. 3-86. Special area and building location regulations.
(1) Courts. Where an apartment building or buildings are erected so as to create inner courts,
the faces of all opposite walls in such court shall be a minimum distance of thirty (30) feet apart
and no balcony or canopy shall extend into such court area for a distance greater than five (5)
feet.
(2) Location of dwellings and buildings. Only one (1) main building for one-family, two-family
or multiple-family use with permitted accessory buildings may be located upon a single lot or
tract of land. Every dwelling shall face or front upon a paved public street, other than an alley,
which means of access shall have a minimum width of thirty (30) feet. Whenever two (2) or
more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings
will not face upon a paved public street, the same may be permitted when the site plan for such
development is approved by the city council after review and report by the city planning and
zoning commission so as to comply with the normal requirements for platting. No parking area,
storage area, or required open space for one (1) building shall be computed as being the open
space, yard or area requirements for any other use.
(Ord. No. 1750-C, § 2, 1-28-08)
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AK I A-Lt A. JYEUTAL REGU4TIONS
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Sec. 3-87. Specific use permits.
The City Council of the City of Alamo Heights, Texas, after public hearing with proper notice to
all parties affected, and after recommendation from the city planning and zoning commission, may
authorize for specific areas, the issuance of specific use permits for the following types of uses in only
those districts specified for such use as follows:
(1) Multiple-family dwelling over two and one-half (2 112) stories in height in the MF-D
District.
(2) College, university or accredited private school in any residential district.
(3) Day nursery or kindergarten school in the 2F-C, MF-D, B Districts.
(4) Hospital in the 2F-C, MF-D, B Districts.
(5) Institutions of a religious or Philanthropic Nature in the 2F-C, MF-D, B Districts.
(6) Service center municipal in the 2F-C, MF-D, B Districts.
(7) Electrical substation in the SF-A, SF-B, 2F-C, MF-D and P Districts.
(8) Local transit station or off-street turn-around in any residential district.
(9) Radio, television or microwave tower in any district.
(10) Water reservoir, well or water pumping station in the SF-A, SF-B, or 2F-C Districts.
(11) Municipal offices or City Hall in the SF-A, SF-B, 2F-C or MF-D Districts.
(12) Off-street parking for property owned by institutions of a religious or philanthropic
nature in SF-A, SF-B, 2F-C or MF-D Districts.
(13) Single-family detached homes in multiple-family dwelling (MF-D) districts which do
not otherwise satisfy the requirements of this zoning code and section 17-27 of chapter
17 of the Code of Ordinances. Each of such projects shall be considered on its individual
merits, with special attention to be given to the following features, among others which
may be deemed important by the planning and zoning commission and the city council,
of proposed project: (a) location and design of ingress and egress to public streets; (b)
interior traffic circulation patterns; (c) off-street parking; (d) sidewalks; (e) drainage; (f)
lighting; (g) landscaping; (h) fencing and other screening; (i) emergency vehicle access;
(j) lighting; (k) landscaping; (1) fencing and other screening; (m) emergency vehicle
access; (n) density; (o) lot sizes; (p) set backs; and (q) compatibility with the surrounding
neighborhood.
(14) Office in MF-D not facing and having its main entrance on Broadway or the Austin
Highway, provided such office (1) is compatible and harmonious with the surrounding
neighborhood, (2) is to be located in a preexisting structure which contains no more than
one thousand five hundred (1,500) square feet of enclosed area, (3) the property upon
which the structure is located is contiguous to a property zoned B-1, B-2 or B-3, (4)
some portion of the property across the street from the subject property must be zoned
B-1, B-2 or B-3 if the property across the street from the subject property is in Alamo
Heights, (5) the office is for a use authorized in the schedule of permitted uses for offices
in section 3-8 of this Zoning Code, (6) the structure and property comply with the
parking, landscape, setback and other requirements of the Zoning Code applicable to 0-
1, and (7) the specific use permit requested promotes the health, safety and general
welfare of the residents of the city.
(15) Restaurant drive-thru facilities in B-1, B-2 and B-3 Districts. The granting of
specific use permits for restaurant drive-thru facilities is not favored in the City of Alamo
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AK I K-LL X. SPECIAL REGUeTIONS
Page 6 of 10
Heights and will be granted only in the event of extraordinary circumstances.
The granting of a specific use permit shall not be considered as precedent for any other
restaurant drive-thru facility. Prior to consideration of a specific use permit for a
restaurant drive-thru facility, the recommendation of the architectural review board for
the proposed facility must be received by the city council. Review by the architectural
review board may be conducted concurrently with consideration of the application for a
specific use permit by the planning and zoning commission.
(16) Restaurant drive-in facilities in B-2 and B-3 Districts. The granting of specific use
permits for restaurant drive-in facilities is not favored in the City of Alamo Heights and
will be granted only in the event of extraordinary circumstances. The granting of a
specific use permit shall not be considered as precedent for any other restaurant drive-in
facility. Prior to consideration of a specific use permit for a restaurant drive-in facility, the
recommendation of the architectural review board for the proposed facility must be
received by the city council. Review by the architectural review board may be conducted
concurrently with consideration of the application for a specific use permit by the
planning and zoning commission.
(17) Wireless communication systems antenna support structures and antennas in the
P, 0-1, B-1, B-2 and B-3 Districts only.
(a) Definitions. A monopole antenna support structure is a self-supporting pole
type structure with no guy wire support which holds one (1) or more antennas
and related equipment for wireless telecommunications transmission. A lattice
antenna support structure is a metal lattice structure with or without guy wire
support. An independent support structure means buildings or other structures
such as water towers. An unmanned equipment building is an accessory building
housing electronic communication equipment as an associated and permitted
part of a wireless communication system.
(b) Antenna locations. Wireless communication system antennas may be
attached to monopole antenna structures or independent support structures.
Lattice antenna support structures may not be used to support wireless
communication system antennas in the city. Monopole antenna support
structures and wireless communication antennas must be constructed more than
one hundred (100) feet from the nearest right-of-way boundary line of Broadway
or Austin Highway and more than one hundred twenty (120) feet from any
residential zoning district.
(c) Height limitations. A monopole antenna support structure may not exceed
one hundred (100) feet in height.
(d) Visual impact of antenna support structures and wireless communication
antennas. Antennas and their support structures shall be screened,
camouflaged and visually pleasing to the fullest extent feasible, consistent with
both national industry standards and Alamo Heights aesthetic goals.
(e) Unmanned equipment buildings. An unmanned equipment building shall not
have more than seven hundred fifty (750) square feet of gross floor area and
shall not be more than twelve (12) feet in height.
(f) Landscaping. Compliance with the landscape requirements of this code is
required for antenna support structures and antennas.
(g) Certification of compliance. Prior to installation of antenna support
structures or antennas, the city must be furnished certification by a structural or
civil engineer registered by the State of Texas certifying that the proposed
installation complies with the structural requirements of the City of Alamo Heights
Building Code and with federal and state electromagnetic radiation standards
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AK I R-LL X. SPECIAL REGU~TIONS
• Page 7 of 10
and other requirements.
(h) Attachment to water towers. The city council may authorize the attachment
of wireless communication antennas to city water towers without special use
permits and without compliance with the other requirements of this Code.
The following procedure applies to the approval of specific use permits:
(1) The city planning and zoning commission in considering and determining its
recommendation, or the city council in considering any request for a specific use permit,
may require from the applicant, plans, information, operating data and expert evaluation
concerning the location, function and characteristics of any building or use proposed.
The city council may, in the interest of the public welfare and to assure compliance with
this ordinance establish special conditions of operation, location, arrangement and
construction of any use for which a specific use permit is authorized.
(2) In authorizing the location of any of the uses listed as specific use permits, the city
council may impose such development standards and safeguards as the conditions and
location indicate [are] important to the welfare and protection of adjacent property and
the community.
(3) Every specific use permit approved under the provisions of this ordinance shall be
considered as an amendment to the ordinance as applicable to the property involved.
The process of giving notice and holding public hearings on specific use ermits h
the same as that provided for amending the ordinance. p s all be
(4) Such conditions, safeguards and standards specified by the city council for
compliance relative to any specific use permit shall not be construed as conditions
precedent to the approval of the zoning amendment but shall be construed as conditions
precedent to the granting of a building permit.
(Ord. No. 1750-C, § 2, 1-28-08)
Sec. 3-88. Landscaping regulations.
(A) Application of this section.
(1) The landscaping section of this ordinance shall apply to all land located in the City
of Alamo Heights, except as otherwise noted below. Such landscaping requirements
shall become applicable as to each individual lot or tract of land at such time as an
application for building permit on such lot or tract of land is made.
(2) A common development which includes more than one (1) lot shall be treated as
one (1) lot for the purposes of satisfying the landscaping requirements of this section.
Split ownership, planning in phases, construction in phases, and/or multiple building
permits for a project shall not prevent it from being a common development as referred
to above. A project planned in phases must have each phase in compliance with the
ordinance.
(3) The requirements of this section shall not apply to the following:
(a) Single-Family Dwelling District A (SF-A).
(b) Single-Family Dwelling District B (SF-B).
(c) Two-Family Dwelling District C (2F-C).
(d) Building permits for the substantial restoration within a period of twelve (12)
months of a building which has been damaged by fire, explosion, flood, tornado,
riot, act of the public enemy, or accident of any kind.
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AK I MLLL X. SPECIAL REGU4TIONS
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(e) Building permits for remodeling as long as the roof and front, side and rear
exterior walls of the building remain in the same location.
(f) Site development plans approved before July 2, 1984, and granted a building
permit by September 1, 1984.
(B) Procedures pertaining to this section.
(1) When an application is made for a building permit on any land where the
landscaping requirements of this section are applicable, such building permit application
shall be accompanied by a site plan(s) containing the information listed below:
(a) The date, scale, north arrow, title and name of owner.
(b) The location of property lines and dimensions of the tract.
(c) The location and size of existing and proposed streets and alleys.
(d) The location, size and type (tree, shrub, ground cover) of proposed
landscape plant material, and the location of proposed landscape areas. The use
of native plants is encouraged.
(e) The location, size and species of existing trees on the site having trunks six
(6) inches or larger in diameter and the approximate size of their crowns.
(f) The location, size and type of landscape architectural components (drives,
walks, curbs, fences, steps, ramps, planters, pools, parking areas, etc.)
proposed.
(g) A separate grading plan showing proposed topography (at two (2) foot
contour interval) may be required at the request of the building official.
(h) Indication if a landscape irrigation system is proposed.
(i) Sufficient details to clearly describe all features proposed to be located in the
city right-of-way. A written statement shall be submitted holding the city harmless
from liability and/or damages caused by features placed in the right-of-way. The
city retains total jurisdiction over features in the right-of-way as necessary for
installation and maintenance of utilities, improvements and protection of the
public health, safety and welfare.
(j) Information necessary for verifying whether the required maximum percent of
impervious cover has not been exceeded under subsection (d)(1)--(3) of this
section.
(k) The certification of a landscape architect, registered to practice in the State
of Texas, that the plans satisfy applicable sections of the zoning ordinance,
building code and appropriate standards for landscape architectural design and
construction.
(1) A perpetual license, binding the property owner, his heirs, successors and
assigns, granting the city authorization to enter upon the land for the purpose of
installing required landscaping.
(2) Plans shall be subject to approval by the office of the city engineer. Prior to the
issuance of a building permit, the applicant shall pay to the city an inspection fee in
accordance with a schedule of fees published by the city engineer. The property owner
shall furthermore furnish to the city prior to the issuance of a building permit a
performance bond or irrevocable letter of credit acceptable to the city engineer for the
amount of the landscape construction cost.
(3) The city engineer's office shall inspect each site no sooner than three (3) months
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AK I R_LL X. SPECIAL REGUiJTIONS Page 9 of 10
nor later than twelve (12) months after the building is ready for occupancy. The owner
may call for earlier inspection if desired. If the proposed landscape construction is not
completed at the time of the twelve (12) month inspection, the performance bond or
letter of credit shall be forfeited and applied toward the implementation of the landscape
plan. Any additional costs beyond those covered by the performance bond or letter of
credit shall be affixed as a lien on the property.
(C) Landscaping requirements.
(1) Landscaping shall not obstruct the view between the street and the access drives
and parking aisles near the front yard entries and exits, nor shall any landscaping which
creates an obstruction of view be located within the radius of any curb return.
(Ord. No. 1750-C, § 2, 1-28-08)
Sec. 3-89. Non-conforming uses or structures.
(1) Any use of property that does not conform to the regulations prescribed in the preceding
sections and which shall have been in existence prior to the adoption of this ordinance or which
was nonconforming under the provisions of the previous ordinance and remains so under this
ordinance shall be called a nonconforming use.
(2) Any nonconforming use of land or buildings or any nonconforming structure may be
continued for indefinite periods provided that the board of adjustment may prescribe definite
periods of time for the discontinuance of a nonconforming use of land or building subject to such
restrictions as the board of adjustment may require for the protection and preservation of
adjoining property. A nonconforming use of land or building may be changed to another
nonconforming use of the same or a more restrictive classification. If a change of a
nonconforming use is made to a use in a more restrictive classification, the use shall not later be
changed to a less restrictive classification and the less restrictive use shall be considered to
have been abandoned.
(3) If a structure occupied by a nonconforming use is destroyed by fire, the elements or other
cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of
partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable
value, reconstruction will be permitted but the size or function of the nonconforming use cannot
be expanded.
(4) A nonconforming use or structure shall not be expanded in any manner or form so as to
increase the degree of nonconformity except when such change may be required by law or
ordinance for the preservation of the health, safety and welfare of the community.
(5) A building or structure in Business District One (B-1) used for a nonconforming use as
defined in section 3-88 of the Zoning Code may be modified or expanded upon approval of a
building permit therefore by the city council; provided that any such modification or expansion is
for the same use which existed prior to the time of the request for the building permit.
(6) If the final approval of a subdivision plan, plat or replat produces a nonconforming use or
structure because of requirements of the zoning code, there shall be no necessity to obtain a
variance or special exception from the board of adjustment for the condition which produced the
nonconforming use or structure unless such condition is not disclosed in the plat specifications
or other documents furnished to the city in connection with the application. In order to preserve
the applicant's rights under this subsection, the subdivision plan, plat or replat approved by the
city council shall include a plat note specifically describing the condition which otherwise would
have necessitated a variance or special exception from the board of adjustment. If the approval
of the subdivision plan, plat or replat creates a nonconforming structure, future building permits
for the alteration, modification or expansion of the nonconforming structure shall be treated the
same as building permit applications for other nonconforming structures.
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AK i It--Lt x. ,)FLUTAL KEGU TIONS Page 10 of 10
(Ord. No. 1750-C, § 2, 1-28-08)
Sec. 3-90. Reserved.
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Chain Link Fences
October 2006
The purpose of this brochure is to assist L ;
residents in understanding sonic of the City of
Dublin's Zoning Ordinance Regulations - - The term Traffic Visibility Area shall mean
relating to Fences, Walls, and Hedges within an area on a corner lot formed by measuring
Residential Zoning Districts. This handout m thirty (30) feet from the intersection of two
contains only a summary of the residential - Street Side Lot Lines and connecting the
regulations. Please contact a City Planner two points as shown below:
regarding fence regulations for Commercial
or Industrial Zoning Districts. This handout
will answer the following questions: - -1
FRONT
1. What is the maximum height allowed fora
fence, wall or hedge? 5 J C, t VrALA
~
2. What if I want to construct a taller fence'? ' ` - u`-
The height of a fence, wall, or hedge shall be ir<ti•i ,~e~l-~` "`w~
3. What is the Traffic Visibility Area'? measured upward from the finished ground level
4. What types of fences are prohibited? beneath it. Where a fence is being built upon a No fence, wall, hedge, or other visual
retaining wall, the height shall be measured from the obstruction over thirty (30) inches in height
~v~ ay~,nt tthighest adjacent finished ground level. above the nearest street curb elevation shall
be erected, placed, planted, or allowed to
ll~ grow within a Traffic Visibility Area.
Retaining wall construction and height is regulated "
AREA MAX. PERMITTED by the Building Division. Please contact the
HEIGHT Building Division at (925) 833-6620 for more The use of barbed wire, electrified fence, or
a. Front Yard 4 Feet infornlation regarding the height and structural razor wire in conjunction with any fence,
b. Side Yard 6 Feet construction requirements of a retaining wall. wall, or hedge, or by itself within any
c. Street Side Yard 6 Feet zoning district, is prohibited unless
d. Rear Yard 6 Feet permitted pursuant to an approved
e. Traffic Visibility Area 2 Feet 6 inches A fence or wall constructed in a Side Yard, Street Conditional Use Permit (CUP).
f Outside of required yard* 8 Feet Side Yard, or Rear Yard in a residential zoning
* Please contact a City Planner for clarification district may be extended an additional 2 feet (8 feet
total height) only through the use of a framed Chain link fencing in a residential zoning
regarding "Outside of required yard" wooden lattice capable of admitting not less than district is also prohibited unless permitted
50% light. Solid Plexiglas inserts are not permitted. pursuant to an approved Conditional Use
Permit (CUP).
October 2006
•
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Site
Search
WEST SACRAMENTO
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Documents
Applications
Documents Fencing Regulations
y News
About Us 17.30 CITY WIDE REGULATIONS
Contact Us
17.31.000 FENCES, WALLS AND HEDGES
Check out our General
Plan Policy - PDF 17.31.010 Maximum Heights
Street Light
Repair Information 17.31.011 Three Foot Limit
d Housing Element
Adopted 3/5/2003 No fencing, walls, structures or hedges over three (3) feet in height
Look at our Major (except in the R-1 -A Zone) shall be allowed in the following areas:
Projects Map - PDF
4 Building & Engineering A. In Residential Zones in front setbacks;
Permit Search
Have your B. In Residential Zones in street side setbacks within forty-five
Development feet of a street corner;
Questions Answered
11C. In any zone within ten (10) feet of any street property line.
D. In any zone within a triangle formed by measuring thirty (30)
feet from any street corner down the lot lines and connectinc
across the property;
E. In Residential Zones within a triangle formed by measuring
fifteen (15) feet from the rear street side corner of a corner to
down the lot lines and connecting across the property.
17.31.012 Four Foot Limit
In the R-1 -A Zone the maximum height allowed in A., B., and C.,
above, shall be four (4) feet for fences which are at least 95% oper
views through the fence.
17.31.013 Seven Foot Limit
No fence or wall over seven (7) feet in height shall be allowed with
any setback area in a residential zone.
17.31.020 Required Screening
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k.o►nnumny ueveiopmcm uocuments rencing tteguiations Page'-) of 3
A. A solid hedge, vine-covered chain-link fence or masonry wall
a minimum of six (6) feet in height shall be provided around t
perimeter of all exterior storage or work areas and loading
areas. (See Landscape Development Guidelines.)
B. A masonry or concrete wall of a minimum of five (5) feet in
height shall be provided around outdoor refuse collection are
(See Landscape Development Guidelines.)
C. Solid fences or sound walls shall be provided between land
uses as required by the Landscape Development Guidelines,
The Screen Canopy.
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V.Uniiu1LIMLY LUVCl0P,iiriiL uMunients renctng tcegulauons Page 3 of 3
THREE FOOT HEIGHT ZONE FENCES
WALLS
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0 9
0 •
VILLAGE OF GREENDALE - FENCE REGULATIONS
Greendale Municipal Building Code Chapter 15 - Construction of Fences.
15.51 (1) PERMIT REQUIRED. No fence, trellis or arbor shall be erected in the Village without a building permit unless
arbors or trellises are not more than 2 feet wide nor 6 feet high and are placed against a garage or residence.
(2) HEIGHT AND LOCATION REQUIREMENTS. No fence shall be erected in the Village unless it conforms to the
height and location requirements specified in Chapter 17, Zoning Code.
Greendale Municipal Zoning Code Chapter 17
DEFINITIONS:
17.03(2)(be) FENCE. A structure which is a barrier and used as a boundary or means of protection or confinement.
(bo FENCE, OPEN. A fence, including entrance and exit gates, where each one foot wide segment for the full
length and height of the fence contains at least 70% open space which affords a direct view through the fence.
(bg) FENCE, SOLID. A fence including gates which conceals from view from adjoining properties, streets or alley
activities conducted behind it.
WHERE PERMITTED:
17.04(8)(j) FENCES, SOLID OR OPEN. Open fences not more than 5'-6" in height may be constructed in residential
districts within the required interior side and rear yards. Open or solid fences within or abutting residential districts no more
than 6'-6" in height shall meet interior side and rear yard offset requirements. In Business Manufacturing and Agricultural
Districts, fences not exceeding 6'-6" in height are permissible and may be located in front and side yards, except when the rear
lot line adjoins a Village street or right-of-way. Fencing for major recreational facilities is governed by Ch.17.04(7)(f). Fence
height shall be measured as being the height above the elevation of the surface of the ground immediately beneath the fence.
LOCATION REQUIREMENTS/INTERPRETATION:
No fences shall be permitted in the front yard or street side yard of a residential property.
Open fences not greater than 5'-6" in height may be located on residential properties in the following locations:
No set back is required from the interior side property line.
A 25-40' set back is required from the street side property line on corner lots.
No set back is required from the rear property line.
Solid fences not greater than 6'-6" in height may be located on residential properties in the following locations:
A 9'-10' set back is required from the interior side property line.
A 25'-40' set back is required from the street side property line on corner lots.
A 25-50' set back is required from the rear property line.
Actual setback distances depend on zoning district in which property is located. Contact Department of Inspection
Services for further information.
BUILDING PERMIT APPLICATION PROCESS:
Property owner or contractor must provide the following documents to the Director of Inspection Services:
1. Two (2) copies of the property survey which shows the location of the fence.
2. Two (2) copies of a scaled drawing (or picture) of the fence.
3. One Greendale Building Permit application. (Must be completely filled out and signed)
Note: If the subdivision where you live has an active Homeowners Association, you must obtain their approval before
submitting your building permit to the Village.
Village of Greendale - 6500 Northway - Greendale, Wisconsin 53129 (414) 423-2100 Fax (414) 423-2107
• •
ZONING ORDINANCE SECTION 7: AREA, YARD AND FENCE REGULATIONS
for the district in which the building line is located, the rear yard shall comply
with the building line so established by such plat or ordinance.
(c) No rear yard setback requirement for Office, Neighborhood Services, General
Retail, Light Industry and Heavy Industry; however, the owner and/or developer
shall provide and permanently and adequately maintain a solid screening fence not
less than six (6) feet in height in the rear yard of the property. The requirement of
the fence shall be required every time there is a change in occupancy and/or the
building is clear to be re-energized. A minimum rear yard of not less than ten (10)
feet shall be provided in Office, Neighborhood Services, General Retail, Light
Industry and Heavy Industry, dividing the district from any of the residential
districts listed herein.
(d) Rear yard setback for multiple family buildings shall be not less than ten (10) feet.
7.03 Fence Regulations
(a) SINGLE-FAMILY AND DUPLEX RESIDENTIAL: Front yard fences extending past the
forward most portion of the house structure to the front and side lot property lines may be
constructed and maintained under the following terms and conditions:
(1) solid face fences, such as solid masonry face fence, shall be restricted to a height of not
more than forty (40) inches above the grade of the yard; and
(ii) ornamental and decorative fence, such as ornamental iron, allowing reasonable through
vision and substantially free air flow shall have no height restrictions other than that
applicable to permanent structures.
(iii) solid rear fences are subject to the sight triangle (See Illustration of Sight Triangle,
Appendix A) on a corner where a street or alley intersects with another.
(b) NON-RESIDENTIAL (INCLUDING TRIPLEX OUADPLEX AND MULTI -FAMILY):
Solid face front yard fences may be maintained at a height of no more than six feet up to lot line
providing they do not obstruct traffic view for an approach of at least fifteen (15) feet on an
approach to a street and ten (10) feet on the approach to an alley. (See Illustration of sight
triangle, Appendix A)
7-7
C. l7~ ~CW II VIG{~Y1
J
•
SSA
19-24 Fencing Regulations
A. Scone. The term fence shall include any tangible barrier, an obstruction of any material, a line of obstacles, lattice work,
screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of, preventing passage
or view across the fence line.
B. Provisions Constitute Minimum Requirements In interpreting and applying the provisions of this Section, the
requirements contained in this Section are declared to be the minimum requirements.
C. Lffect of Section on Covenants -Agreements, etc. This Section shall not nullify the more restrictive provisions of
covenants, agreements or ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.
D. Fences - Residential Standards
1. Side Yards and Rear Yards In any required side or rear yard on lots, the height of fences shall not exceed 6 feet
in height.
2. Front Yards. Fences in required front yards shall be allowed provided that solid type fences shall not exceed 3
feet in height, and open type fences (for example, chain link fences), shall not
exceed 4 feet in height.
3. Corner Lots In addition to the other provisions contained in this Section, fences located on corner lots shall be
subject to the following provisions:
a. Any fence, wall and/or hedge on the front yard setback shall not exceed 3 feet in height if opaque
constriction, or 4 feet in height if open construction.
b. In the side yard setback which fronts on a street, height up to 6 feet shall be allowed beyond 40 feet from
the intersection measured from the intersection of extended curb lines. Height within the 40 foot area shall
conform to the requirements of a front yard setback.
c. Heights on the rear yard setback and interior side yard setback shall not exceed 6 feet.
4. Lots with Slopes - A fence may be built upon a slope greater than 15% provided that the following conditions
are met:
a. Fences shall be located only upon areas constituting usable land unless otherwise approved by the Morgan
County Planning Department.
b. Fencing materials shall be in conformance with Chapter 28, Sensitive Lands Regulations.
c. The fence shall be built in accordance to this chapter and comply with all restrictions imposed by setbacks,
etc, as defined in this Code
d. All requirements of the Sensitive Lands Regulations shall be met prior to the construction of the fence.
e. Fencing on hillside lots shall only be approved in conjunction with an approved landscape plan in
conformance with the General Plan.
E. Vacant Lots. For the purpose of this Chapter, it shall be presumed that a vacant lot shall contain a minimum front, side
and rear yard that are otherwise required by ordinance. In any required side and rear yard on vacant lots, the maximum
height of fences or other similar strictures shall be 6 feet.
F. Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line
separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would
otherwise be permitted at the location if no retaining wall existed.
G. Barbed or Razor Wire. Fences containing strands of barbed wire, razor wire or other similar fencing designed to prevent
intrusions are prohibited, unless specifically approved by the Planning Commission for public safety, health or welfare.
Such fences include fencing for farm animals and public utility stations.
H. Exceptions. The provisions of this Section shall not apply to certain other fences such as tennis court backstops or patio
enclosures in the front, side or rear yards, if approved by the Planning Commission, if in its opinion they do not create a
hazard or violation of other ordinances.
§ 18-174 WEST UNIVERSITY PLACE MUNICIPAL CODE
Secs. 18-174-18-199. Reserved.
ARTICLE VII. FENCES
Sec. 18-200. Maximum height limits.
(a) Eight-foot limit. No fence higher than eight feet may be constructed, improved
or structurally altered on any private property.
(b) Six-foot limit. No fence higher than six feet may be constructed:
(1) Closer than six feet from a wall of an existing principal building used as a
single-family residence on any adjacent building site, if the proximity of the
fence to the building would significantly and adversely affect the beneficial
circulation of air around or through the building or the beneficial exposure of
the building to direct or reflected sunlight. To make these determinations, the
building official shall take into account the type and design of the fence and the
following (if existing or proposed in the immediate vicinity of the fence): trees,
other plants and other buildings and structures.
(2) Between buildings on separate building sites where the eaves are less than two
feet apart.
(c) Height measurement. Fence height shall be measured along each fence line on
the side with the lowest grade level. If the fence is within three feet of a property line,
the adjacent grade level of the adjacent property is used to measure the height of the
fence, if the adjacent grade level is lower than the grade level of the property where
the fence is located.
(d) Gate height. A gate may be no taller than may a fence at the same location,
except that a gate which is not more than 40 percent opaque may extend to a height
not greater than 12 inches above the maximum height of a fence at the same location.
(Code 2003, § 6.581)
Sec. 18-201. Property lines.
It shall be the responsibility of any person who constructs a fence, or causes it to be
constructed, to locate the fence within the property lines.
(Code 2003, § 6.582)
Sec. 18-202. Prohibition in front or side.
i a) Prohibition. No fence may be constructed, improved or structurally altered on
the front portion of any building site. Exceptions: this restriction does not apply to low
retaining walls, institutional security fences, fences owned by any governmental
entity or fences or walls specifically required or allowed to be located in the front
portion of a building site by this Code or the zoning ordinance. In this article:
(1) Front portion means the area of a building site extending from the front street
line to a depth equal to the depth of the front main wall of the principal
C D 18:14
BUILDINGS AND DEVELOPMENT § 18-202
building. The front street line is the common boundary between the front line
of a building site and the street right-of-way. The front main wall is the front
of the building exclusive of any porch or entranceway.
(2) Low retaining wall means a wall designed and used to hold earth or similar
material in place, no part of which extends higher than the highest naturally
occurring part of the ground in the front portion of the building site and no part
of which is located outside of the building site.
(3) Institutional security fence means a fence which meets all of the following
criteria:
a. The fence is located on a building site where there is a building or group
of buildings specially constructed and used as an actual place of religious
worship (including schools, parking lots, parsonages and other accessory
buildings);
b. The fence is located along or generally parallel to a major thoroughfare,
and only along side streets to the extent necessary to connect the main
portion of the fence to side fences, rear fences or buildings; and
c. The fence is no more than 50 percent opaque.
(4) Major thoroughfare means Kirby Drive, Bissonnet Street or Bellaire (West
Holcombe) Boulevard.
(b) Rotated corner lots. This subsection only applies to a corner lot carved out of a
larger corner site originally established by the first plat or map of the subdivision in
question, where the front street line of the corner lot is on a different street from the
street where the larger corner site had its front street line. On such a corner lot, no
fence may be constructed, improved or structurally altered along the side street line
of the corner lot (this would have been the front street line of the original larger corner
site) unless the fence is set back from the side street by at least one of the following
two distances:
(1) A distance equal to the depth of the front setback area of any adjacent building
site which has a front setback area abutting the side street; or
(2) A distance equal to the depth of the side setback area of the corner lot,
measured from the side street. If the BSC is requested to issue a variance to
permit a fence on the corner lot closer to the side street than prescribed above,
and if a petition signed by 20 percent or more of the persons owning property
along the side street within 200 feet of the rear lot line of the corner lot (and
on the same side of the side street) is presented to the BSC before it acts on the
request, the requested variances shall not take effect unless approved by all
members of the BSC qualified and serving. Under no circumstances, with or
without a variance, is a fence allowed within five feet of the side street line.
Gde '?003, § 6.583)
CD18:45
§ 18-203 WEST UNIVERSITY PLACE MUNICIPAL CODE
Sec. 18-203. Distance from property line; common fences.
A boundary fence shall be constructed immediately along the property line or as
close as practicable to the property line. Common fences may be constructed along the
property line, if the written consent of the owners of both properties is submitted.
(Code 2003, § 6.584)
Sec. 18-204. Easements.
No brick, masonry or similar type of fence may be constructed, improved or
structurally altered if it would interfere with the installation and maintenance of
utility lines in any easement reserved therefor.
(Code 2003, § 6.585)
Sec. 18-205. Removal of debris.
It shall be the responsibility of each person who constructs or reconstructs a fence,
or causes it to be done, to clean up and remove from the premises all debris, dirt, scrap
and broken pieces of concrete caused by the construction of the fence.
(Code 2003, § 6.586)
Sec. 18-206. Nonconforming fences.
In cases where an existing fence erected contrary to the provisions of this Code is
to be removed, improved or structurally altered, each new fence must conform to this
Code.
(Code 2003, § 6.587)
Sec. 18-207. Facing of fences.
All fences abutting on a street area shall be constructed so that all supporting
members, including posts and horizontal runners, shall not face the street. This
provision shall apply to such portions of a fence that face the street on which the lot
faces as well as a side street.
Code 2003, § 6.588)
Sec. 18-208. Fence gate.
Where a fence is constructed, improved or structurally altered along an easement
area, a gate with a minimum opening of 30 inches must be built for ingress and egress
into the easement area. The gate is for the use and convenience of public utility
companies and the city service crews.
(Code 2003, § 6.589)
Sec. 18-209. Electricity, barbed wire prohibited.
It shall be unlawful for any person owning or controlling any property in the city to
construct, maintain or permit to remain on such property any fence:
1) Charged with electricity; or
CD18:46
BUILDINGS AND DEVELOPMENT § 18-232
(2) Containing any barbed wire, concertina wire or other sharpened or barbed
projections.
Where chainlink fence is used, no twisting or barbing of wire is permitted at the top
salvage. All wire on the top salvage shall be knuckled.
(Code 2003, § 6.590)
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 a minimum opening of 30 inches must be built for ingress and
egress into any public easement.
(Code 2003, § 6.591)
Sec. 18-211. Fences on vacant lots.
Any fence construction or reconstruction on a site on which no building is located
shall be constructed to comply with all of the setback requirements which apply to the
location of a residence on such site. No building permit shall be issued for construction
of improvements on a vacant lot, if there is a fence which does not meet all
requirements of this Code.
(Code 2003, § 6.592)
Sec. 18-212. Maintenance.
Any person owning or controlling a fence shall maintain it in good repair so as not
to endanger any person or property.
X ode 2003, § 6.593)
Secs. 18-213-18-232. Reserved.
>upp. No. CD18:47
§ 18-233 WEST UNIVERSITY PLACE MUNICIPAL CODE
ARTICLE VIII. FIRE ZONES
Sec. 18-233. Established.
The fire zones of the city shall be established as set forth on that certain map
entitled "Fire District Map" and bearing the date January 1, 1989, on file in the office
of the building official, which map is hereby adopted by reference as if set forth at
length in this section. Such fire zones shall be the fire districts contemplated by the
building code adopted by this chapter.
(Code 2003, § 6.601)
Sec. 18-234. Fire lanes in Zone 3.
No structure or group of structures may be built within fire zone 3 if it, when
considered in conjunction with all existing structures, would cause there to be a
frontage 144 feet long, or longer, unbroken by a fire lane at least six feet wide. It is the
purpose of this provision to create fire lanes (each at least six feet wide) at intervals
of not greater than 144 feet along all streets in fire zone 3. Each fire lane must be open
and unobstructed from the south boundary line of the street to the south line of fire
zone 3, except that, in the case of any proposed structure, if there is a usable and
dedicated alleyway to the rear of such structure which connects with a public street
and gives access to the rear of such structure for fire suppression, then a fire lane shall
not be required in connection with the construction of such structure.
(Code 2003, § 6.602)
Sec. 18-235. Buildings to comply.
No building or structure shall be constructed in any of the fire zones except in
compliance with all applicable regulations. It shall be an affirmative defense in any
proceeding to enforce this article that the alleged violation involves a single-family
residence in existence as of July 28, 1975 which is still used for single-family residence
purposes.
(Code 2003, § 6.603)
Secs. 18-236-18-270. Reserved.
ARTICLE UL FLOOD DAMAGE PREVENTION
Sec. 18-271. Statutory authorization, ry orization, findings of fact, purpose and methods.
(a) Statutory authorization. The Legislature of the State of Texas has in ch. 16,
subch. 1, Texas Water Code, delegated the responsibility of local governmental units
to adopt regulations designed to minimize flood losses. Therefore, the city council of
the City of West University Place, Texas ('West University Place"), does ordain as
follows:
(b) Findings of fact.
(1) The flood hazard areas of West University Place are subject to periodic
inundation, which results in loss of life and property, health and safety
Stipp. No. 4 CD18:48
6401 Rutgers
Houston, TX 77005
November 25, 2007
Ms. Debbie Scarcella
City Planner
City of West University Place
3800 University Boulevard
Houston, TX 77005
Dear Debbie,
After the ZPC finishes dispatching with old business, I presume new issues can be taken up and
I would like to offer an idea for new business. I suggest there are at least three situations
pertaining to fences that should be considered.
1. Virtual fences created by hedges that exist in locations where constructed fences would
not be allowed.
2. The placement of structural-appearing masonry fences that is permitted where buildings
would not be allowed.
3. Certain masonry and metal fences that may impede ingress by emergency crews.
Virtual Fences
Regulations governing fences fall short of achieving what may be a commonly-held ideal that
fences are for backyards and that front yards should be relatively open except for decorative
vegetation and perhaps a low picket fence around the perimeter. This is because the
introduction of tall hedges circumvents the fencing ordinances by creating virtual fences in the
front and side street yards where regular fences are not allowed.
Examples of the possible problem can be found at 6315 and 6331 Brompton where hedges
adjacent to the sidewalk virtually obscure the fronts of the houses and interrupt an otherwise
open streetline. Another example can be found at 3731 Tangley where a hedge in front of a
(vacant) lot again interrupts the streetline. An example of liberty being taken with side streetline
is at 6355 Rutgers where a hedge is growing in the right of way.
In all cases no fence or building would have been allowed where the "fences" are, suggesting
they do not conform to the unspoken ideal. I suggest that if the concept of "open" yards is a
shared value, there are three situations to consider with regard to virtual fences:
1. Fences that obstruct views of the fronts of houses.
2. Fences that obstruct views of the sides of (corner lot) houses.
3. Fences perpendicular to houses that obstruct or interrupt an otherwise open streetline.
I suggest consideration should be given to modifying the definition of fences to include those
created by hedges. It could be accomplished by creating some form of height and coverage
formula for vegetation (not trees) growing more than 10 feet from the street side of any house.
Such vegetation could be considered a fence and subject to the fence ordinance if it is more
than three feet tall and obstructs more than 40% of the subject house. The idea is only to
Re: Fences0 7
manage vegetation that forms a virtual fence and not to preclude most vegetation growing along
side a house or in the street yard.
Consideration should also be given to vegetation that projects in a perpendicular manner from
the house toward the street line, also forming a virtual hedge. It may not obscure the front of a
house but it does interrupt the general streetscape if it is tall and dense, thereby blocking the
view.
Masonry Fences
There are numerous examples of corner lots that have fences along the setback line.
Sometimes wooden fences are used but frequently they are wrought iron or masonry. Wrought
iron fences, even those with integrated vegetation usually retain the feeling of openness. On
the other hand most masonry fences take on the appearance of a structure which would not
have been allowed in that location. The point is that the use of such fences in side yards,
especially street side yards, interrupts the visual streetscape for all residents.
A second issue with masonry fences in side yards is that they may present unreasonable
obstacles to emergency crews seeking access. Wooden fences can quickly be dismantled in an
emergency, wrought iron can also be quickly taken down with a little work but masonry fences
can only be brought down with difficulty. Given the narrow side yards in the City this may be a
hazard to both the owner of the fence and the adjacent neighbor.
Consideration should be given to the placement and use of masonry fences, especially the
safety elements of tall masonry fences erected within 5 feet of a structure.
Regards,
(By E-mail)
Richard Yehle
Commissioner
Zoning and Planning Commission
Re: Fences07
ke
City of'West Utdversft,
Place
1 .1'eghborhood City
ZONING & PLANNING COMMISSION
PUBLIC WORKS CONFERENCE ROOM
3826 AMHERST STREET
MEETING MINUTES
February 12, 2008
MEMBERS PRESENT: Steve Brown, Dick Yehle, Patric Stafshede and llac
McManus. Selby Clark arrived at 6:45
\,1EMBERS ABSENT: Janet Duncan and Allan Elkowitz
COUNCIL: Charles Guffy
STAFF PRESENT: Debbie Scarcella, City Planner and James
Dougherty, City Legal Counsel
Call to Order With quorum present at 6:30 p.m., Steve Brown called the meetinu to
order.
1. Minutes.
January 10, 2008: The minutes were table until the March 13, 2008 meeting.
2. Miscellaneous Amendments/Updates. ZPC and staff had discussion for
information purposes and reminders to the members that the joint public hearing
requires a quonim of both City Council and the ZPC members. Staff reported on the
status of the postings and notices. The members requested staff to e-mail reminders
to the ZPC members.
Variances and special exceptions. Jim Dougherty presented a brief slide show
illustrating the role of the different discretionary approvals inherent in zoning
regulations. The two approvals focused on were variances and special exceptions. A
recent opinion from the Texas Supreme Court (Vanesko vs. City of Dallas) seems to
indicate that with variance requests, the "special conditions creating an Unnecessary
hardship" test cited in West U's zoning regulations should be expanded to include the
language used in the Supreme Court's ruling. Special Exception criteria was also
discussed, with Mr. Dougherty suggesting that the ZPC should consider creating a
special exception category for those situations where a permit was-ranted in error.
I'he current ordinance does not have a "relief valve mechanism" in place fir this tvpe
of situation, so an applicant's only Course of action is to comply or request a variance.
There was a great deal of discussion involving this item. Staff was instructed to draft
separate documents -one for variances and the other for a possible new (very
y
narrowly defined) special exception category and present to the commission for
further discussion.
4. Fences. This item was discussed at length with the focus of the discussion centered
F~ In
on hedgerows and "virtual" fences (landscape features that actually block the front or
side Yard views) with some discussion on masonry, stone, and stucco fencing. There
r
Zoning & Planning Commission Minutes
February 12, 2008 Meeting
Page ? of 2
were varying opinions on the subject. The commission was instructed consider these
and while driving through town, observe different lots with these situations to get a
real feel for the discussion. This item will be placed on a future agenda for further
discussion.
5. Commercial District. The commission members' discussion centered mainly on the
JMH property located north of Rice Blvd. at the corner of Edloe and the parking area
north of the building. A realtor (Katherine Wildman, of Wulfe and Co.) representing
the property owner was in attendance. The property was initially granted a special
exception to use the parcel north of the store as parking. The property is actually
zoned single- family residential. This special exception was granted in 1950 through
Ordinance No. 517. In 2000, the property owners went to the ZBA and requested an
extension of prior non-conforming status. The request was approved for a period of
twenty years. The ZPC is concerned with viability of another commercial enterprise
at the location for many reasons, the primary two being the time limit on the PNC
status request and the limitation of the types of businesses that could legally operate
given the required parking space regulations. The ZPC instructed staff to explore the
avenues open to either proactively change the zoning des],-nation so that the entire
property is zoned commercial and thus no time limit would exist, or remove the
commercial zoning classification from the parcel, thereby making it all single-family
residential. The commission was split on whether or not tax roll value wise, another
commercial enterprise was the best for the city.
Adjournment. Dick Yehle made a motion to adjourn. Mac McManus seconded.
Ayes: Steve Brown, Selby Clark, Mac McManus, Dick Yehle and Patric Stafshede.
Noes: none. Motion passed. Meeting adjourned at 8:52 p.m.
Attachments:
Letter dated November 25, 2007 from Richard Yehle, 6401 Rutgers, re: Virtual
fences.
PASSED THIS DAY, OF 2008.
Steve Brown, Presiding Officer
ATTEST:' 1
{
r
Sallye A. Clark, Planning Assistant