The Cortez Planning and Zoning Commission spent its first meeting of the year trying to nail down the rules about fences within city limits.
The city’s proposed new land use code bans residents from using certain materials to build fences, such as scrap lumber, plastic, fiberglass sheets and sharp-pointed fixtures. Right now the code allows fences to be constructed from any material as long as they conform to building codes. At Tuesday’s meeting, the board advised city staff not to adopt the new rules, with the exception of a few regulations for commercial fencing.
All the board members agreed the proposed rules for fence materials went too far.
“I would say that’s a little bit restrictive,” Chairman Danny Giannone said. “As far as I’m concerned, I don’t care what they build the fence out of.”
Board member Rebecca Levy said some of the city’s most creative and aesthetically pleasing fences wouldn’t be allowed under the new regulations. City planner Tracie Hughes also brought up the fact that the proposed code has different rules for residential and commercial fences – the commercial section only lists approved materials instead of prohibited ones, for example – which could be problematic.
But board member Tim Kline said the town does need some fencing regulations in order to prevent run-down, unstable fences.
“If you put up a fence and take care of the fence, there’s a lot of things you can do with different materials,” he said. “But if you run into a family that just puts up a fence and never takes care of it, you have an issue.”
Planning and Building Director Sam Proffer, who attended the meeting, said the current code does require new fences to be able to withstand heavy snow and strong winds, which already puts some restrictions on the materials allowed. A shortage of staff makes it difficult for the city to enforce the code, he added, but the existing ordinances would allow enforcement if more staff can be hired.
Neither Proffer nor the board had received any complaints recently about poorly maintained fences.
In the end, the board agreed not to change the current regulations for residential fences, but they did approve the proposed list of “allowable materials” for commercial fences, and the requirement that chain link fences should only be installed on interior or side yards that aren’t visible from a public right-of-way.
Kline said he would welcome feedback from the public on the issue. The proposed land use code needs to go through a few more revisions before the city council votes on it.
New fencing rules
The current Cortez land use code includes the following restrictions for new fences (found in Section 5.04):
“Prohibited Fences. Sharp-pointed fixtures, barbed wire or electrically-charged fences shall not be permitted anywhere in the city; provided, however, that:
(1) Public utilities shall be excepted from this provision when such fence features are required by industry regulations, standards or mortgage requirements.
(2) Facilities in the I, industrial district shall be exempt from the requirements of this subsection.
(3) Jail or correctional facilities shall be exempt from the requirements of this subsection.”
The proposed new land use code would include the following restrictions for residential fences:
“1. Prohibited Materials. The use of the following materials shall be prohibited, unless permitted by the Planning and Zoning Commission:
1. Scrap lumber, tree branches, tree trunks, sheet metal, plastic, fiberglass sheets, unfinished metal panels, non-decorative metal spikes or points, are prohibited fence materials.
2. Sharp-pointed fixtures, barbed wire, or electrically-charged fences shall not be permitted anywhere in the City; provided, however, that public utilities, essential services, or security shall be excepted from this provision when such fence features are required by industry regulations, standards, federal or state laws or standards, or public safety needs.
2. Allowable Materials.
1. Materials shall be durable and in a character of residential development. Permitted materials include weather resistant wood species, split rail, painted wood, ornamental iron or powder-coated aluminum chain link, brick, stone, and masonry.
2. The use of welded wire, agricultural fencing, barbed wire, chicken wire and similar agricultural fencing types is only permitted in the Residential Estate (RE) district.”
For more information about the land use code, go to the “Planning and Building” tab on www.cityofcortez.com.
