The Germantown Design Review Commission unanimously approved revised zoning and fence-code text amendments on Oct. 28 that clarify the commission's site-plan authority in the zoning code, establish limited administrative authority for staff to approve minor site-plan modifications, and revise fence-height and easement rules.
Director Ross presented the changes, which staff said mirror earlier subcommittee discussions and Planning Commission recommendations. Key elements include adding a new zoning reference to the Design Review Commission's powers (new section 2,393); a procedure for reconciling Planning Commission and DRC approvals (2,394); and a new director authority to approve minor DRC site-plan modifications, with administrative modifications limited to adjustments generally not considered material and capped at about a 10% increase in building size or pavement coverage.
The package also included changes to Chapter 6 fence rules. Staff described an administrative allowance for a de minimis 10% increase in fence height that can be handled by the department rather than the commission, and clarified that decorative materials such as caps, posts and finials (listed examples) would not count toward maximum fence height so long as the decorative portion does not exceed 6 inches. A provision was added allowing the DRC to approve fences over 6 feet for projects subject to DRC review (for example, screening walls for cell-tower equipment), and the code now specifies that any non-see-through fencing between the roadway and a building facade must be set back at least 50 feet. Staff also clarified how to measure fences atop retaining walls and required prior written approval for fences in drainage easements.
Commissioners asked for practical clarifications. Director Ross and Assistant Director Sheila Pounder said "minor modifications" are largely judgment-based and intended for non-material changes that prevent returning routine items to commission during construction plan review; examples include changing landscape material types or converting planting beds to potted landscaping. Pounder also explained the department's current practice that fence replacements exceeding 50% of the structure require a permit and staff review, with particular attention paid to drainage clearance where fences fall in drainage easements.
A motion to approve the text amendments carried on a unanimous roll call. Staff said the full package will be combined with Planning Commission materials and taken to the Board of Mayor and Aldermen as a comprehensive zoning-text amendment in December; the city intends to continue annual code updates.
Commission members thanked staff for the work on the large package; no members of the public spoke on the item.