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The Monticello City Council has now approved a set of three ordinances that were long in the drafting and that aim to bring clarity, uniformity and consistency to some aspects of the building code. The revised rules, which the council approved on Tuesday evening, Jan. 3, specifically address accessory structures and accessary dwelling units, making a clear distinction between the two and expanding the dos and don’ts that govern each. The rules also set new standards for walls, fences and hedges. And while the proposed rules overall didn’t elicit any public response, the part setting new standards for walls, fences and hedges did get pushback. City resident Karen Zarcone first addressed the council on the issue on Dec. 6, when it held the first of two required hearings on the proposed rules prior to their adoption. She was back before the council again on Jan. 3 to reiterate her objections to the section relating to walls, fences and hedges in Ordinance 2023-01, calling some of the regulations “excessive.” Zarcone said she could understand the city prohibiting opaque fences on corner lots, as such fences would obstruct traffic from the view of motorists at the intersections. But she didn’t understand why she couldn’t have a solid fence on her front yard if that was her preference, she said. She noted the fact of multiple fences existing currently in the city that didn’t meet the required 50-percent opaqueness. Nor could she understand why fences in front yards couldn’t be taller than 40 inches, when the standard heights for fences were 36 and 48 inches, she said. “I think that some of this is about aesthetics,” Zarcone said. “This is someone’s idea of aesthetics, which doesn’t match my definition of aesthetics. Some of this language to me seems excessive.” The proposed rules, she said, went beyond safety issues and got into the areas of style and personal preferences, which the city had no business regulating. “This doesn’t apply to safety and building codes,” Zarcone said. “You’ve gone beyond to say what is a proper fence. This is someone’s idea of good taste. Next you’ll be deciding people can’t paint their houses certain colors, or Christmas decorations aren’t appropriate. These are private property decisions, not council decisions.” Most folks, she noted, probably weren’t even aware that new rules were being considered. The council agreed to amend the height of fences from 40 inches maximum to 48 inches maximum in keeping with the standard. The officials, however, refused to budge on the other regulations, noting that the Local Planning Agency had worked on the language for more than a year and had held numerous public hearings on the issue. The purpose of the rules, the officials said, was to establish community standards that would protect the overall integrity of neighborhoods and homeowners. With that, the council voted unanimously to approve the ordinance. Section 54-193 of Ordinance 2023-01 specifically relates to garden walls, fences and hedges, establishing the allowable materials and opacities for each, as well as their locations, heights and other features. The ordinance, among other things, stipulates that fences and walls may be constructed only of wood, plastic, vinyl, metal, brick, masonry and other such materials that are designed for permanent outdoors fencing. It specifically prohibits the use of plywood, razor wire, barbwire, chicken wire, livestock wire, electrically charged wire or other materials intended for purposes other than the construction of fences and walls. Others of the new rules on fences, walls and hedges: • Fences within front yards may not exceed 50-percent opaqueness, so as to allow for the direct passage of light through the fence. The exception is fences behind the front face of the principal structure on corner lots, which may be six feet tall and solid. • No fence, wall or hedge landscaping or structure may be erected, placed, planted or allowed to grow in such a manner that it obstructs vision between a height of 2.5 feet and six feet above the centerline grades of intersecting streets. • Fences and walls may not encroach into or over any public right-of-way or easement, except if authorized by the city manager. In terms of height, the ordinance addresses several adjustments that are allowed relative to walls and fences and decorative features adorning each. But the bottom line is that fences and walls in side and rear setback areas may not exceed six feet in height in residential neighborhoods. And fences, hedges and walls placed forward of the front line of a house in residential districts may not exceed 48 inches in height, and in commercial and industrial zones, they cannot be taller than 10 feet.

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