October 4, 2006
MEMORANDUM
TO: City Council
FROM : David J. Deutsch, City Manager
SUBJECT: Code Change Chapter 26 - Fences in Huntington
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 a similar provision be placed in the City Code to permit the same special provisions apply to the side yard street fences in Huntington.
Included you will find an ordinance to effectuate that change.
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