[RP TownTalk] Ordinance 2014-OR-01

[Jonathan Ebbeler]

Hi James

I am sure you understand that while the code specifies definitions it is nearly impossible to define and/or legislate every land parcel in town.  So while it may be clear to you what the definition is of a front, rear, and side yard, it is quite murky to many of us for some of the unique and various land parcels.  In addition, please keep in mind many properties that we think as a singular lot are actually multiple lots, individually taxed, assembled together by a single owner.  On my street I can think of several properties, including a 'corner lot' that are the product of 2 and 3 lots respectfully.

For a quick and easy example of this problem, consider the block the mansion sits on.  While the current code speaks towards corner lots it does not define how the town should have proceeded if a chain link fence were asked for on that property.  While the code speaks towards the side fences on corner lot portion of the property it did not anticipate having a rear yard exposed to a public right-of-way.  In this case the 'rear' fence along Oglethorpe could certainly have been  chain-link instead of the aluminum.  The property lines on 48th and Taylor are not contiguous as there are houses on both 48th, Oglethorpe, Taylor, and Riverdale Roads that arguably cause portions of the property not to be a corner lot.  Consider also the house that sits on the corner of Riverside and Nicholson - what is a 'rear' fence for one house is the side fence for another; i.e. what appears to be a clear concept as codified by code turns out not to be so simple with plenty of ambiguity and exception.

The introduced ordinance may be found here:

https://www.dropbox.com/s/lf0et6ulf25bc0o/Discussion%20Item%202.pdf

I still do not follow the continued statement in regards to public need or safety concern.  I would direct you to read Section 301 - General Powers of our Charter that delineates the reasons 'why' Ordinances may be passed that expand well beyond public need and/or safety:
§ 301:  General Powers
The council shall have the general power to pass all such ordinances not contrary to the Constitution and laws of the State of Maryland or this charter as it may deem necessary for the good government of the town; for the protection and preservation of the town's property, rights, and privileges; for the preservation of peace and good order; for securing persons and property from violence, danger, or destruction; and for the protection and promotion of the health, safety, comfort, convenience, welfare, and happiness of the residents of and visitors in the town.  All legislative powers that may be exercised by the town under the laws and the Constitution of the State of Maryland are vested in the council.


The Ordinance speaks towards allowable fence material in town and came about due to the inconsistencies of prohibiting in the front yet allowing side/rear.  When there are inconsistencies in code that require interpretation on a case-by-case basis, the town opens itself up to potential litigation.  Do you have a specific question that you would like an answer to that I have not answered?


Respectfully,

Jonathan





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