MEMORANDUM
TO: City Council
FROM : David J. Deutsch, City Manager
DATE: October 5, 2006
SUBJECT: Code Changes -Fences in Huntington and other
Several months ago a side street fence was erected in the Huntington section of the City. The fence was constructed without a permit. Upon notification by the City Code Compliance Officer of the permit requirements the homeowner applied for and received a Prince George’s County Building Permit but was denied a City Building Permit. This denial was based on City Code Section 26-2d which prohibits fences between the side street yard building restriction line of any residential dwelling and any publicly dedicated street, private street or private parking area.
The property owner appealed the permit denial to the City’s Administrative Review Board. The Board placed the request on hold and asked that the City consider options to allow the fence to remain as they felt that although it did not meet the requirements for a variance, it was an enhancement to the property and the community.
Since the City Code already makes special provisions for front yard fences in the Huntington community, it is the staff recommendation that similar language be placed in the City Code to permit the same special provisions to apply to the side yard fences in Huntington. Included you will find a draft ordinance to accomplish that change.
That being said this issue served as a catalyst for much discussion about the City Code and the potential need for additional changes to reflect the special character of the Huntington Community.
It is staff’s recommendation that a task force of members from the Huntington community be established to undertake this review along with staff. We would expect the task force to report back to the City Council with recommendations for City Code changes that should be made to better address the unique character of this community.
Attachments
ORDINANCE
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND,
AMENDING CHAPTER 26, “ZONING”, SECTION 26-2, “FENCES”,
TO PROVIDE FOR SIDE YARD FENCES UNDER LIMITED CIRCUMSTANCES IN THE HUNTINGTON
OR OLD BOWIE AREA OF THE CITY, CONSISTENT WITH SIMILAR PROVISIONS PREVIOUSLY
INCORPORATED WITH RESPECT TO FRONT YARD FENCES.
WHEREAS, pursuant to Article
23A of the Annotated Code of Maryland, the Council of the City of Bowie,
Maryland
(the “City Council”) has the authority
to pass such ordinances as it deems necessary to preserve peace and good order,
to secure persons from danger and destruction and to protect the health, comfort
and convenience of the citizens of the municipality; and
WHEREAS, pursuant to Article 28, § 8-112.1, of the Annotated Code of Maryland,
the City Council has the authority, for the purpose of the preservation, improvement,
or protection of the general character and design of lands an improvements
within the corporate limits of the municipality, impose stricter or additional
conditions, restrictions or limitations upon fences, residential parking, and
residential storage than are otherwise required by State, regional or county
zoning regulations; and
WHEREAS, pursuant to this authority, the City of Bowie has enacted Chapter
26, “Zoning”, Article I, “In General”, of the City
Code and, in particular, Section 26-2, “Fences”, which section
prohibits most front and side yard fences, with certain exceptions; and
WHEREAS, in recognition of the distinct history of the area of the City known
as Huntington or Old Bowie, the City has previously adopted provisions permitting
front yard fences in that area under certain circumstances; and
WHEREAS, it has come to the attention of the City Council that the same circumstances
prevailing in the Huntington area that justified the adoption of exceptions
to the fence ordinance with respect to front yard fences apply with equal force
to side yard fences, and that the failure to make provision for such side yard
fences in Huntington creates inequities and hardship for some residents of
Huntington.
Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Council of the
City of Bowie, Maryland that Chapter 26, “Zoning,” Article 1, “In
General”, Section 26-2, “Fences”, be and is hereby amended
to read as follows:
Sec. 26-2. Fences.
* * *
c) Front Yard Fences.
1) Except as hereinafter provided, fences are prohibited between the front
building line of any residential dwelling and any publicly dedicated street,
private street or parking area.
2) Notwithstanding the provisions of Subsection c)1) of this Section, front
yard fences may be constructed beyond the front building line of those dwellings
located in the Huntington Section of the City which were constructed prior
to January 1, 1960, provided however, that said fences:
A. Shall not exceed four (4) feet in height;
B. Must be constructed of wood, cast iron or wire fencing materials, or other
materials which replicate fence types which were consistent with historic guidelines
as established by the City and, to the extend permitted by those guidelines,
may incorporate stone and brick features; and
C. Are subject to a City building permit.
d) Side Street Yard Fences.
1) EXCEPT AS HEREINAFTER PROVIDED, Fences are prohibited between the side street
yard building restriction line of any residential dwelling and any publicly
dedicated street, private street or private parking area; however, a fence
may be located in any part of the side street yard of a lot where the side
street yard lot line is a continuation of the rear yard lot line of the adjoining
lot.
2) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (D)(1) OF THIS SECTION, SIDE
YARD FENCES MAY BE CONSTRUCTED BETWEEN THE SIDE STREET YARD BUILDING RESTRICTION
LINE OF ANY RESIDENTIAL DWELLING AND ANY PUBLICLY DEDICATED STREET, PRIVATE
STREET OR PRIVATE PARKING AREA OF THOSE DWELLINGS LOCATED IN THE HUNTINGTON
SECTION OF THE CITY WHICH WERE CONSTRUCTED PRIOR TO JANUARY 1, 1960, PROVIDED
HOWEVER, THAT SAID FENCES:
A. SHALL NOT EXCEED FOUR (4) FEET IN HEIGHT;
B. MUST BE CONSTRUCTED OF WOOD, CAST IRON OR WIRE FENCING MATERIALS, OR OTHER
MATERIALS WHICH REPLICATE FENCE TYPES WHICH WERE CONSISTENT WITH HISTORIC GUIDELINES
AS ESTABLISHED BY THE CITY AND, TO THE EXTEND PERMITTED BY THOSE GUIDELINES,
MAY INCORPORATE STONE AND BRICK FEATURES; AND
C. ARE SUBJECT TO A CITY BUILDING PERMIT.
* * *
Section 2. BE IT FURTHER ORDAINED that, provided that a fair summary of this
Ordinance is published at least once prior to the date of passage and at least
once within ten (10) days after the date of passage in a newspaper having general
circulation in the City, and further provided that, within five (5) days after
enactment of this Ordinance, a certified copy of this Ordinance has been delivered
to the Prince George’s County Council, this Ordinance shall become effective
upon the later to occur of (1) approval of this Ordinance by the Prince George’s
County Council and (2) the expiration of thirty (30) days from the date upon
which the certified copy of this Ordinance was delivered to the Prince George’s
County Council.
INTRODUCED by the Council of the City of Bowie, Maryland at a regular meeting
on the _____ day of October, 2006.
PASSED by the Council of the City of Bowie, Maryland at a regular meeting on
the _____ day of October, 2006.
ATTEST: THE CITY OF BOWIE, MARYLAND
By:
Pamela A. Fleming
City Clerk
G. Frederick Robinson
Mayor
APPROVED AS TO FORM AND SUFFICIENCY:
______________________________
Robert H. Levan, City Attorney