HomeMy WebLinkAboutOrdinance No. O14-01 ORDINANCE NO. 014-01
AN ORDINANCE AMENDING CHAPTER 17.48.050 OF THE LAUREL MUNICIPAL
CODE TO UPDATE THE CITY'S ZONING ORDINANCE REGULATING FENCE
HEIGHTS WITHIN THE CITY OF LAUREL.
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, the City Council directed City Staff to modify the existing ordinance to comply
with changing conditions within the City's planning jurisdiction; and
WHEREAS, City Staffprepared, reviewed, and approved the following amendments to the
existing Chapter 17.48.050 as noted herein and hereby recommends the same to the City Council
for their full approval.
IT IS HEREBY ORDAINED by the City Council for the City of Laurel, Montana, that Title
17 is hereby amended, modified and adopted as follows:
17.48.050 Fence heights.
• 11 • .tee 1 ■ .. •
. . , - , . . _ ... •. _ _ •_ .. ._ -._ .. • -._
014 -01 Fence heights LMC 17.48.050
inside-property-line,
A. Fences, walls and hedges may be erected or maintained in any zoning district provided the
height, setback , and material provisions outlined below are followed and a permit is secured
as per Laurel Municipal Code Chapter 15.20. "Fence" for the purposes of this section
means any fence, wall or hedge. No fence shall be erected or maintained in the public right -
of -way, closer than one (1) foot from a sidewalk. Fences shall be constructed on private
property.
B. Height. Height for the purposes of this section shall be defined as the vertical distance from
the top rail, board or wire to the ground directly below.
C. Setbacks required. Fences, walls and hedges of up to four (4) feet may be erected or
maintained in the required front yard and side yard adjacent to street setback. Fences, walls
and hedges up to six (6) feet may be erected or maintained in rear yard and side yard not
adjacent to street, except as noted in section D. None of the above setback requirements
shall apply to lands located in AG, CBD, CC, HC, LI, and HI zones.
D. Side yard adjacent to street fences. If the property abuts an alley, a fence may be erected
along the side yard adjacent to the street and maintained up to six feet (6) from the rear of
the dwelling to the alley as well as along the alley. Clear vision at alley shall apply.
E. Setbacks for clear vision areas. No fence, wall or hedge greater than thirty (30) inches may
be erected or maintained in any zoning district within a clear vision zone as defined by City
of Laurel Resolution No. R03 -63. Fences of chain link, woven wire or other similar type
fence which provide no more than ten (10) percent obstruction to visibility through the fence
when constructed can extend to four (4) feet in height may be constructed in this area.
F. Material permitted. All fences in residential, agricultural and commercial zoning districts
shall be constructed from materials which are commonly used for fencing. Commonly used
fence materials include wood, brick, stone, split railing, wire, vinyl, chain link and
ornamental iron work. In HI and LI zones fences may be constructed of finished or coated
steel or aluminum building panels. Fences shall not be constructed from railroad ties,
014 -01 Fence heights LMC 17.48.050
wooden pallets, tires, rubble or salvaged material. Materials not listed are subject to special
review by the city planning group.
G. Material exception - Barbed wire and electric fence. In the city limits no barbed wire or
electrical fencing shall be permitted in residential zoning districts. Barbed wire and
electrical fencing shall be allowed in AG and RT zoning districts. Electrically charged
fencing along any public way shall be posted with warning signs or fluorescent marking at
intervals not to exceed one hundred fifty (150) feet.
H. Security fences. In AG, CBD, CC, HC, LI, and HI zones security fences may maintain a
barbed wire fence on top of a non - barbed wire fence as long as the lowest strand of barbed
wire is eight (8) feet above grade.
I. Miscellaneous exceptions. These provisions shall not apply to fences required to surround
and enclose existing junkyards and public utility installations or to enclose school ground
and public playgrounds.
J. Penalties. Any person violating a provision of this chapter may, upon conviction thereof, be
punished as set forth in Section 1.36.010 of this code.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on April 1,
2014, by Council Member Poehls.
PASSED and ADOPTED by the Laurel City Council on second reading this 6th day of May,
2014, upon motion of Council Member Poehls •
APPROVED BY THE MAYOR this 6 day of May, 2014.
CITY OF LAUREL ,�
111 i i./. -e " ' °>x-'`
Mark A. Mace, Mayor
ATTEST: C
a
Shirley Ewan, Clerk/Treasurer
AlA oved . •
9
,,,,,,,........, . 4 _„,,,,
• . 'amter, evil ity
014 -01 Fence heights LMC 17.48.050