Linked Here: 2020-TBD Municipal Code Amendment – Fences Hedges and Walls

Copies available at Town Hall

The Board of Trustees will be reviewing an amended ordinance specific to regulations regarding fences, hedges, and walls.  The draft ordinance is linked above, posted at Town Hall, available in hard-copy at Town Hall, and shown below. Please e-mail comments or questions to paonia@townofpaonia.com or attend the upcoming Board meeting to voice your opinions.  Thank you,

ORDINANCE NO. 2020-TBD

 

AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF PAONIA, COLORADO, AMENDING CHAPTER 18, ARTICLE 9, SECTION 10 TO THE TOWN OF PAONIA MUNICIPAL CODE

 

RECITALS:

 

WHEREAS, the Town of Paonia (the “Town”), in the County of Delta and State of Colorado, is a municipal corporation duly organized and existing under the laws of the State of Colorado; and

 

WHEREAS, pursuant to C.R.S. § 31-23-301, the Town has the power to regulate buildings and other structures for the purposes of promoting health, safety, and the general welfare of the community; and

 

WHEREAS, the Board of Trustees determines that it is in the best interest of the community and public health, safety and welfare of the citizens of the town to amend the town Code to add this provision to the Municipal Code.

 

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PAONIA, COLORADO, AS FOLLOWS:

 

Section 1Legislative Findings

 

The recitals to this Ordinance are adopted as findings of the Board of Trustees in support of the enactment of this Ordinance.

 

Section 2Amendment of Town Code.

 

Sec. 18-9-10 shall be repealed and amended to the Town Code as follows:

 

All fences and walls are subject to the applicable sections of the International Building Code version as adopted by the Town (the “IBC and/or IRC”).

  • Prior to the installation of a new fence, hedge, or wall the property owner or their agent shall file for a fence review with the Town Building Official and shall pay the appropriate review fee as may be set by the Town Board of Trustees via resolution. The purpose of the Town requiring a fence review and fee is to allow the Town Building Official to inspect the proposed fence plan to confirm that it meets the provisions of the Town Code, the IBC, and that the fence does not encroach on a public right-of-way.

 

  • No fence, hedge or wall may extend beyond or across a property line unless it is done with the joint agreement of the abutting property owners. It shall be the responsibility of the property owner to locate all property lines.

 

  • No fence, hedge or wall shall encroach upon a public right-of-way or a public sidewalk.

 

  • No barbed wire, sharp-pointed or electrically charged fence shall be permitted in any District.

 

  • Fences, hedges, or walls shall not exceed four (4) feet in height from the front edge of the house to the property line. Rear yard fences, hedges or walls shall not exceed six (6) feet in height in any District. The height shall be measured at the finished grade on the side of the fence nearest the street or abutting property.

 

  • On corner lots, no fence, hedge, or wall exceeding forty-eight (48) inches in height shall be placed in a triangular area formed by three (3) points as established by:

 

  1. The intersection of the property lines at the corner (Point A); and

 

  1. Points B and C measured thirty (30) feet along the property lines from Point A.

 

  • Town staff will have discretion to approve minor variations from Town requirements (up to 6″ difference) at the time of fence review provided that the Town deems the variation to have no negative impact on public safety.

 

  • Any person requesting a variance from these code provisions shall apply for the same in accordance with Sec. 18-10-40 of the Town Code.

 

Section 3Severability

 

If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared to be severable.

 

Section 4Repeal of Prior Ordinances.

 

All other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 5Ordinance Effect.

 

Existing ordinances or parts of ordinances covering the same matters as embraced in this Ordinance are hereby repealed and any and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed, provided, however, that the repeal of any ordinance or parts of ordinances of the Town shall not revive any other section of any ordinance or ordinances hereto before repealed or superseded and further provided that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.

 

Section 6Effective Date.

 

This Ordinance shall take effect thirty days after publication.

 

GAPS recommendation – Town staff will have discretion to approve minor variations from town recommendations (up to 6″ different than approved) at the time of fence review provided that the town deems the variation to have no negative impact on public safety.

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