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Council approves first reading to allow rebuilding of some nonconforming fences along state highways for three years
Summary
On first reading the Council approved an amendment to allow legally nonconforming fences adjacent to state highways to be rebuilt in a like-for-like manner for three years, with staff authorized to refine ordinance language before second reading; recorded vote was six ayes, zero nays.
The City Council voted on first reading to amend Section 16-6-120 of the Municipal Code to permit certain legally nonconforming fences adjacent to state highways to be reconstructed for a limited period.
Community Development Director Paul Workman briefed the Council on the proposed Council Bill 4, Series 2026, which responds to concerns raised during a 2024 fence-code update about existing fences along state highways. The Planning & Zoning Commission recommended allowing such fences to be rebuilt in a like-for-like condition for a limited duration; staff reported one letter of public comment had been received.
Councilors debated two principal issues: whether a like-for-like reconstruction standard is overly restrictive for owners who wish to change material or reduce height/opacity, and what the length of a temporary exemption should be. Councilor Doug Robinson and Councilor Susan Maguire argued for more flexibility and a shorter period than initially proposed; Mayor Katy Brown and others stressed the intent to allow owners to replace long-standing fences in kind without the City making subjective design judgments.
Assistant City Attorney Christine Fitch advised that Council could state legislative intent at first reading while staff refines precise Code language before second reading. After a show-of-hands straw poll indicated a majority preference for three years, Councilor Susan Maguire moved, and Councilor Doug Robinson seconded, approval of Council Bill 4 on first reading using the City Attorney’s suggested language with a three-year exemption. The recorded vote was six ayes, zero nays; the motion carried on first reading.
Under the proposed language, a nonconforming fence in Area 5 (adjacent to state highways) could be reconstructed provided the replacement is no greater in height, no more opaque than the existing fence, and conforms to the existing setback for the temporary period; other design changes would require compliance with the standard Code process. Staff will return refined ordinance text for second reading.
