R.H. Estates : Fence Regulation Dropped

The City Council threw out a requirement that all front-yard fencing other than the city’s characteristic three-rail white fence be removed within a year as it completed a review of proposed changes in residential building regulations that are designed to reduce the size of buildings, preserve views and ensure that new construction is compatible with neighborhoods.

“If we make people remove their fences, we’ll be removed,” said Councilman Jerome Belsky. Council members said it would be unreasonable to force people to take down fencing, such as ornamental brick, that has been in front of their homes for years. However, proposed regulations require that all new front-yard fences be in the three-rail style, which officials consider more appropriate for the city’s rustic atmosphere.

Earlier, the council called for a two-story height limit of 21 feet for flat-roofed structures and 27 feet for homes with pitched or gabled roofs. The current height limit is 35 feet. The council also decided to require only in side yards an additional foot of setback for every foot of height above 14 feet. The planning staff had proposed additional front and rear setbacks as well.

Planning Director Stephen A. Emslie said the side yard “has the most impact on a neighbor” in regard to the bulk and height of buildings. “It was our top priority.” The minimum side-yard setback is 10 feet.

The new regulations may be given preliminary approval by the council in an ordinance on April 22 and final approval three weeks later. They could take effect in mid-June, allowing the council to lift a moratorium on building permits that was imposed because of a neighborhood protest over construction of two large metal storage buildings behind a Dapplegray Lane home.

That project, which has been halted indefinitely, has been used as an example of why the city should revise its residential building code and establish a system to to ensure that buildings fit into neighborhoods.

The new regulations call for a Planning Department review of the size and design of new structures and additions.