Ordinance #11,860

O  R  D  I  N  A  N  C  E

STATE OF LOUISIANA

CITY OF MONROE                                     

                                                                                                        NO.  11,860                       

            The following Ordinance was offered by Ms.  Woods                      who moved for its adoption and was seconded by Mr.  Wilson             :

AN ORDINANCE AMENDING CHAPTER 37, ZONING, ARTICLE V. SITE DEVELOPMENT STANDARDS, SECTION 37-76 ACCESSORY STRUCTURES AND USES OF THE CODE OF THE CITY OF MONROE.OF THE ORDINANCE OF THE CITY OF MONROE, LOUISIANA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.

WHEREAS, the City Council of the City of Monroe has this date held its Public Hearing with respect to the following proposed amendment to Chapter 37, Zoning Article V. Site Development Standards, Section 37-76 Accessory Structures and Uses of the Code of the City of Monroe. and

            WHEREAS, the City Council has further considered the recommendation of the Monroe Planning Commission recommending approval on a -0-1 vote and that the above stated Sections of the Zoning Ordinance of the City of Monroe should be amended.

            NOW, THEREFORE;

BE IT ORDAINED, by the City Council of the City of Monroe, Louisiana, in legal session convened, that Chapter 37, Zoning, Article V. Site Development Standards, Section 37-76 Accessory Structures and Uses of the Zoning Ordinance of the City of Monroe be and it is amended as follows:

ADD

                ARTICLE V. SITE DEVELOPMENT STANDARDS

Section 37-76 Accessory Structures and Uses

(f.)  FENCES, GATES AND WALLS

(1)   Reserved.

(2)   No person shall construct or rebuild any fence without obtaining a fence permit from the Planning and Zoning Office.  The fee for the fence permit shall be available from the Planning and Zoning Director’s Office and may be altered or amended only by the City Council.

(3)   General Requirements

  1. No person shall erect or rebuild any fence, gate, retaining or free-standing wall that extends beyond the property line.
  1. No person shall plant the trunk of any hedge closer than two feet (2’) within any property line.
  1. No person shall erect or rebuild any fence, gate, retaining or free-standing wall, or any combination thereof, in excess of eight feet (8’), except as allowed under Section 37-76.F.6 (Exceptions) of this Article.
  1. The height of any fence, gate or wall shall be measured from the highest grade of the property along the fence, gate, wall or property line on the non-owner’s side.
  1. All commercial and industrial uses shall have all enclosed outdoor storage and materials within a fenced area at least eight feet (8’) in height. The fence shall be solid along the rear and side property lines and open along the front property lines.
  1. All fences, gate or wall must be maintained in a clean, orderly and stable condition at the expense of the owner or lessee.
  1. Materials

1.Solid fences, gates and walls shall be constructed of the following materials:  wood, brick, stone or rock, masonry, vinyl, hedges, or any combination thereof. (Solid fences should include “weep-holes” if applicable. 

2.Open fences or gates shall be constructed of ornamental iron, wood, woven wire, or chain link, or a combination ornamental iron and brick, stone/rock, or masonry.

3.Commercial and Industrial businesses may use metal as a fence material provided that:

  • Any exposed edges with the exception of the bottom of the fence be trimmed with factory made accessory trim with hemmed edges.
  • It is only allowed in B-3, General Business/Commercial; B-4, Heavy Commercial District; I-1, Commercial/Industrial Business Park District; and I-2 Heavy Industrial/Manufacturing Districts

(4)   Location

  1. All Residential and B-1 districts

1.Any solid fence, gate, divisional, retaining, or free-standing wall or hedge not over thirty-six inches (36”) in height and fences at least fifty percent (50%) open and not over forty-two inches (42”) in height may be erected or rebuilt along the front yard boundaries of a lot or yard in a residential or B-1 district, except as limited in other sections of this Article.

2.No chain link fence shall be erected or rebuilt in any required front or side corner yard in any residential or B-1 district that exceeds five feet (5’) in height.

3.Any fence, gate, divisional, retaining, or free-standing wall or hedge not over eight feet (8’) in height in a residential or B-1 district may be erected or rebuilt along the side or rear yard boundaries, except in the line of sight clearance area.

  1. Non-residential Districts

1.Any fence, gate, divisional, retaining, or free-standing wall or hedge not to exceed eight feet (8’) in height may be erected or rebuilt along any boundaries of a lot or yard in non-residential districts, excluding B-1 districts, except as limited in other sections of this Article.

2.Any fence, gate, divisional, retaining, or free-standing wall or hedge constructed on vacant property may be allowed, but only for recreational or security purposes, and only at the discretion of the zoning administrator.

(5)   Prohibited Fences

  1. The installation of an electronically charged fence is prohibited, with the exception of invisible dog fences.
  1. No barbed wire or razor wire fence shall be erected or maintained, except that not more than four (4) strands of horizontal wire may be strung in the top of chain link fences for security purposes on land zoned B-4, I-1, I-2, or C (Campus), provided that the lowest strand of wire is a minimum of six feet (6’) above the ground.
  1. Temporary Fences Land under development may be surrounded by a construction fence or a temporary chain link fence up to seven feet (7’) in height and allowed for a specified period of time as a temporary fence at the discretion of the Zoning Administrator, upon application. Gates into the fence enclosure may be located at the discretion of the Zoning Administrator, upon application.

(6)   Height and Location Exceptions 

  1. The Zoning Administrator at his/her discretion may, after finding the circumstances meet the following criteria, consider exceptions to the location and height requirements of a fence:
  1. That the adjacent property owner will not be adversely affected;
  1. That pedestrian access will not be hampered, and;
  1. The line of sight clearance area will be clear.
  1. For location exceptions: On through lots
  1. For height exceptions:

1.Recreational fences and walls such as those surrounding tennis courts, baseball fields, driving ranges and other similar uses may exceed eight feet (8’) to protect the health, safety and welfare of the community.

2.In the event of a use that is particularly noxious or detrimental to environmental or aesthetic values, it may deemed necessary for the general health, safety and welfare of the community to erect a fence around commercial or industrial uses higher than the eight feet (8’) presently allowed by ordinance.

7) Electronic Theft Deterrent Device – The construction and use of electric theft deterrent devices shall be allowed in the city only as provided in this section, subject to the following standards:

  1. Unless otherwise specified herein, electric theft deterrent devices shall be constructed or installed in conformance with the specifications set forth in International Electro technical Commission (IEC) Standard No. 60335-2-76.
  1. Electrification:

                                                        i.            The energizer for electric theft deterrent devices must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.

                                                      ii.            The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 122.108 of the IEC code.

  1. Perimeter fence or wall:

                                                        i.            No electric theft deterrent devices shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet.

  1. Location: Electric theft deterrent devices shall be permitted in B-4 - Heavy Commercial District, I-1 – Industrial Business Park District and I-2 – Heavy Industrial District (Uses with outdoor storage).
  1. Height: Electric Theft deterrent devices shall be no taller than eight (8’) feet.
  1. Warning signs: Electric deterrent devices shall be clearly identified with warning signs that read: “Warning-Electric Fence” at intervals of not less than sixty (60’) feet.
  1. Electric theft deterrent devices shall require a fence permit and any other permit required by the City such as an electrical permit.
  1. It shall be unlawful for any person to install, maintain, or operate an electric theft deterrent device in violation of this section.

BE IT FURTHER ORDAINED,

This Ordinance was INTRODUCED on the  22nd  day of May, 2018.

NOTICE PUBLISHEDon the  25th    day of  May               , 2018.

This Ordinance having been submitted in writing, introduced and published, was then submitted to a final vote as a whole and the vote thereon being as follows:

AYES:            Echols, Ezernack, Woods & Wilson

NAYS:            None.

ABSENT:      Clark

And the Ordinance was declared ADOPTED on the  12th  day of  June               , 2018.

           

Gretchen H. Ezernack                          

CHAIRMAN

 

Carolus S. Riley                                 

CLERK OF THE COUNCIL

 

James E. Mayo                                   

MAYOR'S APPROVAL

 

                                                             

MAYOR'S VETO