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BMZA notes zoning gap that allows 6‑foot fence by right in R‑8 district
Summary
At a July 21 BMZA preliminary meeting, staff told the board that a 6‑foot fence in the R‑8 zoning district is allowed by right because the code includes no front/side yard requirement for fences; the board agreed to notify the zoning administrator and suggested a future code fix.
At the start of the July 21 meeting, Justin Williams, interim executive director of the Board of Municipal and Zoning Appeals, briefed the board on a preliminary matter involving case 26‑125. Planning staff determined the case did not require a variance because "there's no side yard or front yard requirement for a fence" in the R‑8 zoning district, meaning a six‑foot fence is allowed by right.
"We reviewed it more closely, and we determined [it] did not need a variance," Williams said, and asked the board to concur that staff should draft a one‑page memo to the zoning administrator noting the finding. Board members voiced agreement. Williams and staff said the gap should be corrected in the zoning code in a future amendment rather than by ad hoc practice.
Why it matters: the finding affects how similar fence applications will be processed in the short term and signals the board and staff view code amendment as the appropriate solution for a technical omission. The board directed staff to prepare a written memorandum reflecting the preliminary determination; the memo, not the preliminary statement, will be the formal record of the board's position.
