~ CITY OF BULLHEAD CITY ~ COUNCIL COMMUNICATION MEETING DATE: October 20, 2015 SUBJECT: Code Amendment- Fences DEPT OF ORIGIN: PW- Planning & Zoning DATE SUBMITTED: October 12, 2015 SUBMITTED BY: Pawan Agrawal, Public Works Director/City Engineer SUMMARY/REQUEST: This is a request for approval of amending section 17.06.110, fences, walls, hedges and shrubbery, section 17.06.150, fences, property boundary requirements, permits and fees, section 17.06.170, swimming pool safety and section 17.48.090 screening regulations, of the bullhead city municipal code. A further in-depth analysis of this code amendment is included in the attached staff report and supporting documents. PLANNING AND ZONING COMMISSION RECOMMENDATIONS: The Planning and Zoning Commission reviewed this request during a public hearing at its October 1, 2015 meeting. There was discussion between the Planning and Zoning Commission and staff on the matter. Staff advised that the proposed amendments are housekeeping items. There was no input from the public either for or against the item. The Commission voted unanimously to recommend approval of the request as set forth herein. FISCAL IMPACT: REVIEWED BY: Initial Project Costs: None Future Ongoing Costs: None Physical Impact (on people/space): None Residual or Support/Overhead/Fringe Costs: None ATTACHMENTS: 1) Planning and Zoning Staff report, Code Amendment- Fences 2) Fencing Amendments 2015 3) Ordinance No. 2015- LS 4) Resolution No. 2015R-'-\.9 LEGAL REVIEW: RECOMMENDATION: Move to adopt Ordinance 2015- l '5" approving amendment to: Section 17.06.110, fences, walls, hedges and shrubbery; Section 17.06.150, fences, property boundary requirements, permits and fees; Section 17.06.170, swimming pool safety; and Section 17.48.090, screening regulations, of the Bullhead City Municipal Code; and further, approving Resolution No. 2015R-~ declaring that certain document known as "Fencing Amendments 2015" as a public record. CITY CLERK'S USE ONLY- COUNCIL ACTION TAKEN Resolution No. Ordinance No. Approved Other Continued To: Referred To:------- Denied File No.
CITY OF BULLHEAD CITY PLANNING & ZONING DATE: TO: FROM: SUBJECT: FOR THE OCTOBER 1, 2015 MEETING PLANNING & ZONING COMMISSION CLINTON STEVENS, PLANNING MANAGER CODE AMENDMENT- FENCES REQUEST This is a request for approval of an amendment to Section 17.06.110, fences, walls, hedges and shrubbery; Section 17.06.150, fences, property boundary requirements, permits and fees; Section 17.06.170, swimming pool safety; and Section 17.48.090, screening regulations of the Bullhead City Municipal Code. AMENDMENT DESCRIPTION: The proposed amendment has been prepared by staff in response to a request from the City Manager. There has been much discussion over the regulations and requirements concerning the fence code as interpreted and applied. Over the past few months, staff has been composing a list of housekeeping-type changes that have been born from those ideas and the positive discussions that followed as stated above. This code amendment is in reference to the fencing portions of the City Municipal Code as it applies in all zoning districts. We believe the changes are needed to clarify and improve the various zoning regulations and requirements as it applies to the heights, screening and permitting requirements of fences, as well as the addition of clarification on fences that will no longer require permitting. STAFF RECOMMENDATIONS Staff recommends approval of amendment to Section 17.06.11 0, fences, walls, hedges and shrubbery; Section 17.06.150, fences, property boundary requirements, permits and fees; Section 17.06.170, swimming pool safety; and Section 17.48.090, screening regulations, of the Bullhead City Municipal Code as set forth in the attached ordinance. Code Amendment - Fence 1
FENCING AMENDMENTS 2015 17.06.110- Height limits-fences, walls, hedges and shrubbery. A. Fences, walls, hedges and shrubbery shall not exceedmaintain the heights as set forth below. 1. On any single-family residential zoned lot as follows: a. On lots with over one h~::~ndred fifty feet of depth, Ffour feet in front yard as determined by the front yard setback and six feet in side or rear yards. Height may be increased 1::1p to six feet provided s~::~ch height increase does not hamper visibility for traffic safety. b. On all other lots, fo~::~r feet in front yard and six feet in side or rear yards. b. Gates are allowed an additional two;6. feet for decorative features. c. On lots used for essential public utility buildings and facilities, eight feet. 2. On any multiple family zoned lot, six feet. a. Gates are allowed an additional two;6. feet for decorative features. 3. On commercial and industrial zoned lots, eight feet. 4. On public lands zoned lots, ten feet. 5. Four feet on any portion of the rear third of a corner lot backing to a key lot by a line joining required key lot setback and the street right-of-way intersection. Height may be increased up to six feet provided such height increase does not hamper visibility for traffic safety. 6. Three feet within the triangular area formed by measuring twenty-five feet along the boundary of roadways and drives from the intersection thereof (including hedges and other plantings). Height may be increased not to exceed four feet, provided such height increase does not hamper visibility for traffic safety. 7. Where a fence or wall is required as screening or other protection tg-on single-family residential zoned lots, a minimum of five feet in height.s~::~ch shall comply 'Nith the height limits of the residential zoned lot. 17.06.150- Fence-Property boundary requirements, permits and fees. A. Permits are not required under this code for fences located within the established boundaries of the subject property unless subsection (8) below applies. Missing property corners should be restored by an Arizona registered land surveyor prior to the commencing of any alteration. construction and/or enlargement to any fence. All fences shall comply with the regulation set forth in both Chapter 17.06 and 17.48 of the city code. BA Prior to commencing any alteration, construction and/or enlargement to any fence and/or wall that is located on the perimeter of the s~::~bject property, around a swimming pool, around a trash receptacle, or within any easement~::~sed to screen a parking lot, a permit shall be obtained from the public works development services department. SafGThe fence and/or wall/screening device shall comply with the regulations set forth in Chapter. 15.2, 15.14 and 17.48 of the city code and in accordance with the international building code. the latest edition adopted by the Ccity of Bullhead City. C.B,. When a permit is required Prior to permit iss~::~ance, the property owner or his/her agent shall, upon tae-site plan submissiontted as a req~::~irement of permit iss~;~ance, verify by his/her signature, that survey monuments for all property corners shall be in place and maintained for construction and installation inspection purposes during the effective term of the permit. D.Go- The site plan shall call out the type of survey monuments in place, i.e., two inch iron pin, No.4 rebar, etc. Any missing property corners shall be restored by an Arizona registered land surveyor and a Page 1
result of survey in eight and one-half inch by eleven inch format, sealed by an Arizona registered land surveyor shall be delivered to the city prior to permit issuance. E.G-:- Fences located on land zoned single family residential and not used as a screening device, shall be made of chain link, chain link with ultra violet resistant, interlocking polyethylene vertical privacy slats, brick, masonry block, masonry with a stucco or mortar wash finish, cedar, redwood, split railing, wrought iron, mortared rock, or other similar material approved by the public works development services director. ~e.,. Fences located on land zoned for multiple family, commercial, or industrial uses and not used as a screening device, shall be made of chain link, chain link with ultra violet resistant, factory installed interlocking polyethylene vertical privacy slats, brick, masonry block, masonry with a stucco or mortar wash finish, cedar, redwood, split railing, wrought iron, mortared rock or other similar material approved by the public works development services director. G.F-,. The permit fee for a fence and/or wall shall be computed according to the fee schedules approved by the city council. 17.06.170- Swimming pool safety. A. All swimming pools shall be enclosed in accordance with the International Uniform Building Code, the latest edition adopted by the ~Gity of Bullhead City. B. In single-family residential zoning districts or uses, swimming pools shall be in the side or rear yard and there shall be a distance of at least five feet between any property line and the water~s edge. C. In all other zoning districts, swimming pools shall be in the side or rear yard and there shall be a distance of at least twenty-five feet between any property line and the wate(s edge. 17.48.090- Screening regulations. A. Screening devices located on land zoned single-family residential shall be made of chain link with ultra violet resistant. interlocking polyethylene vertical privacy slats, brick, masonry block, masonry with a stucco or mortar wash finish, cedar, or redwood. B. Multiple-family, commercial, and industrial developments: 1. Screening devices materials. a. Screening devices located on land zoned for multiple family, commercial, or industrial uses shall be made of brick, masonry block, masonry with a stucco or mortar wash finish, cedar, redwood, or chain link with ultra violet resistant, factory installed interlocking polyethylene vertical privacy slats._ There shall be a maximum spacing of 1/8 inch between slats or wooden members. 2. Parking. a. Parking areas shall be set back a minimum of five feet from all street right of way lines and shall be screened from view with a landscaped berm and/or screening device which shall be a minimum of three feet in height. 2.J.:. Separation of Uses or Districts. a. A screening device shall be constructed along property lines contiguous to single-family residential uses or zoning districts, or along those separated by an alley or a dedicated easement, as a condition of issuing any building permit allowing the construction of a Page 2
multiple-family, commercial, or industrial development. The screening device shall be a minimum of six feet in height. b. A screening device shall be constructed along property lines contiguous to multiple family residential uses or zoning districts, or separated by an alley from any commercial or industrial use or zoning district where no such device exists on the adjacent property because of nonconforming status. The screening device shall be a minimum of six feet in height. c. Chain link with ultra violet resistant, factory installed interlocking vertical privacy slats shall not be used to separate uses or districts c. The screening device shall be a minimum of six feet in height except that the first M'enty feet of the screening device as measured from the street right of way line may be a minimum of three feet in height if subparagraph a. of the subsection applies. d. Chain link with interlocking polyethylene vertical slats shall not be used to separate uses or districts. 3.4.- Gates. a. Where a required screening device must also be used as a gate in multiple family, commercial, or industrial uses, it shall be a minimum of six feet and made of cedar, redwood, chain link with ultra violet resistant, factory installed interlocking polyethylene vertical privacy slats or other material approved by the public works development services director. 4.a.:. Operations. ~e,. a. All commercial and industrial uses shall be conducted within a completely enclosed building or an area completely enclosed with a six foot screening device as described herein. Mechanical Equipment. a. Mechanical equipment whether roof or ground mounted, shall be screened from both street and public view aoo:to include residential districts by a screening device constructed of any of the materials permitted by the definition of a screening device for lands zoned multiple family, commercial or industrial. 6.7-:- Receptacles used for the storage of trash or recyclable materials. a. Receptacles shall be located in an area approved by the development services public works director in accordance with applicable code. b. In addition, it shall be the responsibility of the property owner and/or the permit applicant to provide the development services public works director with written confirmation of the trash hauler's approval of the receptacle location prior to permit issuance. c. All receptacles shall be screened from street or public view by a six-foot screening device on three sides. The fourth side shall be a gate a minimum of six feet and made of cedar, redwood, chain link with ultra violet resistant, factory installed interlocking polyethylene vertical privacy slats or other material approved by the development services public works director. d. The screening device for a receptacle shall be placed on a six-inch thick concrete pad that matches the adjacent grade and paving to provide positive drainage. e. All other receptacles allowed shall be screened from street or public view by a screening device in a manner approved by the development services public works director in accordance with applicable code. 7.8-,. Storage containers. Page 3
a. Storage containers shall only be located in the rear or side yards. b. Storage containers shall be screened from both street and public view to include residential districts by a six_-foot screening device. (Res. No. 2010R-12, 16, 2-16-2010; Ord. No. 2010-2, 1, 2-16-2010; Ord. 2008-47 1; Ord. 2002-3 2: Ord. 2000-1082 2; Ord. 98-953 1; Ord. 98-918 7: Ord. 97-869 48-57; Ord. 96-813 4, 5; Ord. 90-410 3, 4; Ord. 90-363 1, 2; Ord. 89-238 1 (part): prior code 13.26.10) Page 4
ORDINANCE NO. 2015-15" AN ORDINANCE OF THE CITY OF BULLHEAD CITY, ARIZONA, AMENDING SECTION 17.06.110, FENCES, WALLS, HEDGES AND SHRUBBERY, SECTION 17.06.150, FENCES, PROPERTY BOUNDARY REQUIREMENTS, PERMITS AND FEES, SECTION 17.06.170, SWIMMING POOL SAFETY AND SECTION 17.48.090 SCREENING REGULATIONS OF THE BULLHEAD CITY MUNICIPAL CODE. BE IT ORDAINED by the Mayor and City Council of the City of Bullhead City, Arizona, that Title 17, Zoning, of the city code is hereby amended to read as set out below. SECTION 1: That certain document known as "Fencing Amendments 2015" amending Title 17 of the Bullhead City Municipal Code, with one paper and one electronic copy on file in the office ofthe City Clerk ofthe City of Bullhead City, Arizona, and which document was made a public record by Resolution No. 2015R-~ ofthe City of Bullhead City, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of these amendments to the sign regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 3: This ordinance will become effective thirty days from the date of adoption by the City Council of the City of Bullhead City. PASS ED AND ADOPTED by the Mayor and City Council of the City of Bullhead City, Arizona, this 20th day of October, 2015. APPROVED AS TO FORM: Tom Brady, Mayor Gamet K. Emery, City Attorney Date: ---------------------- ATTEST: (SEAL) Susan Stein, City Clerk 1
RESOLUTION NO. 2015R-.19_ A RESOLUTION OF THE MAYO RAND CITY COUNCIL OF THE CITY OF BULLHEAD CITY, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "FENCING AMENDMENTS 2015." BE IT RESOLVED BY the Mayor and Council of the City of Bullhead City, Arizona, that certain document entitled "Fencing Amendments 2015," with one paper and one electronic copy on file in the office of the City Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the City Clerk. PASSED AND ADOPTED by the Mayor and City Comicil ofthe City ofbullhead City, Arizona this 20th day of October, 2015. Tom Brady, Mayor ATTEST: Date: -------------------- Susan Stein, City Clerk (SEAL) APPROVED AS TO FORM: Garnet K. Emery, City Attorney