Impact
WARD: Citywide
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Code Amendment to the Zoning Ordinance to add a new fencing section - City of Smyrna
Body
ISSUE: The City’s Zoning Ordinance does not currently have specific fencing regulations for double frontage lots. A double frontage lot is defined as, “A lot, other than a corner lot, that has frontage on two streets (typically along the front and rear of the property)”. With the Zoning Ordinance being silent on double frontage lots, it has led Community Development to treat double frontage lots in the same manner as corner lots. This application of the code requires a maximum fence height of 4’ along the rear property line that abuts the public right of way or a maximum fence height of 8’ at the front/rear setback which could be anywhere from 35’ to 50’ depending on the zoning district. This fencing requirement forces residents who own double frontage lots to make the following decisions to comply with the fencing regulations: (1) locate the 4’ fence along the right-of-way and forgo privacy in the rear yard, or (2) locate the 8’ fence 35’ to 50’ back from the right-of-way and forgo use of the property between the fence and the right-of-way. With these two options, the residents typically request variances to increase the fence height from 4’ to 6’ along the right-of-way in the rear yard to maintain both privacy and use of their rear yard. The License and Variance Board has typically approved these types of variance requests. The proposed amendment will clarify the fencing regulations for double frontage lots, as well as eliminate the need for variances.
The City’s Zoning Ordinance currently regulates fencing on corner lots under Section 501.10 of the Zoning Ordinance, which states, “Within any front yard (front yard shall also include a corner lot in which both yards abutting a street shall be deemed a front yard), in all zoning districts, no chain link or similar woven w...
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