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Council adopts code change permitting chain-link fences on blocks where they already predominate; historic district excluded

5807754 ยท February 11, 2025
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Summary

After a public hearing, the council adopted an amendment to the development code to allow chain-link fencing on blocks where at least 50% of lots already use chain-link; new chain-link remains prohibited in the Independence Historic District.

The Independence City Council adopted an ordinance amending the development code to allow residents on blocks where chain-link fencing already predominates to install chain-link in similar portions of their lots.

At a public hearing the council considered LA 2025-01 and related council bill 2025-02. Staff explained the change is limited: if 50 percent of lots on a block already have chain-link fences at the time an application is submitted, a property owner on that block can apply to install chain-link fencing in a portion of the lot similar to the existing neighborsโ€™ fences (for example, side or rear yard). The code change explicitly continues to prohibit new chain-link in the Independence Historic District; the city also allows replacement of existing chain-link fences where they were previously permitted.

The council received no public testimony opposing the change during the hearing and asked staff clarifying questions about how the 50 percent threshold is measured and whether replacement fences are treated as new construction; staff confirmed replacement chain-link is permitted and that the 50 percent calculation uses existing fences on the block at the time an application is filed. A councilor who earlier served on planning commission disclosed participation in the commissionโ€™s review and remained eligible to participate in the council decision.

Council approved the ordinance through the required readings; the ordinance was assigned number 1621. The code text shows a context-sensitive standard intended to allow property owners in blocks with an established chain-link pattern to match surrounding fencing while preserving historic-area standards.

Why it matters: The amendment changes a previously blanket prohibition by introducing a context-based exception. The council and staff emphasized the rule is narrow: it applies only where chain-link already predominates and explicitly preserves the existing prohibition within the historic district.

Background and next steps: Staff will implement administrative procedures to measure the 50 percent threshold and process fence permit applications under the new standard. The city noted prior planning commission hearings and outreach before forwarding the measure to council.