Tecumseh City Council considers fence screening among zoning ordinance updates

TECUMSEH — Fence screening material, blight and tent-like temporary structures are addressed by a group of proposed zoning ordinance amendments before the Tecumseh City Council.

All three amendments had their first readings approved Monday by the council, with the one related to fabric screening material for fences advancing by a 5-2 vote. The others passed the first step in the approval process on 7-0 votes. They will be back on the council’s agenda on Dec. 4 for second readings and possible votes to adopt them.

Council members heard from one resident who spoke in favor of the amendment to allow the use of fabric screening on fences and the city’s building services director and code enforcement officer who cautioned against adopting the amendment.

Sheri Tomalak brought a sample of the heavy, tarp-like material that the council members examined. She said the city’s planning commission unanimously voted to recommend adopting the amendment and asked that the council follow the recommendation.

Building services director Ed Engle said he is concerned about what the look and style of fabric screening for privacy would say about the city, particularly in the historic district. He said his department is already battling people using tarps for privacy. The fabric is like what is used on construction sites on a temporary basis to manage the runoff of silt. He noted that the amendment calls for an annual permit to use fabric screening.

“No matter what way it comes down, I want compliance,” he said. He will enforce “with joy” whatever decision is made.

Code enforcement officer Richard Northrup noted that the city’s zoning consultants, McKenna, recommended against allowing fabric as a screening material on fences, finding that other, similar communities, including Dundee and Adrian, do not allow fabric on fences.

“I think people have other choices,” he said. “They have privacy fences that they can put up. Yes, they can be expensive. It all depends on what material you use.”

He questioned the durability of the fabric and how many people would comply with the ordinance’s provisions. He said this ordinance would require him to go into residents’ backyards to inspect the material to make sure it’s compliant and would create more work for the department’s staff.

Most of the reasons for wanting to use fabric have to do with dogs, he said.

“This council has worked hard to beautify the city, make it look nice. We’re known for that, and I think this is just going to add to a look of trash. I’m sorry, but that’s what it looks like to me,” Northrup said.

The proposed amendment has the following provisions for permits and the quality and color of the fabric:

• HDPE woven sheet with a material weight of 150 grams per square meter or greater.

• Color of the material must be black; alternative materials and colors may be approved by the building inspector only as part of a fence permit.

• Fabric must appear new — any fabric that is faded, torn or frayed must be removed or replaced.

• Fabric screens are considered to be temporary, and permits must be renewed annually.

• To receive permits, the fence and the fabric will be inspected for conformance with fence standards.

Council members Gary Naugle and Brian Radant voted “no” on the fabric screening amendment. Radant cited the recommendation from McKenna as well as an MLive article from August about Muskegon updating its fence ordinance to ban fabric screening as well as slats inserted into chain-link fences, with reasons for the ban being that those materials rarely assist in screening and can become worn and contribute to the appearance of blight.

“I don’t mind thinking outside the box on most generally anything,” Radant said. “I personally feel that our current ordinance, we got it right the way that it’s written.”

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Mayor Jack Baker and Council Member Ron Wimple both said voting to approve the first reading gives residents two more weeks to provide feedback to council members or city staff before the next council meeting when the amendment will be up for its second reading and possible adoption.

The same amendment also updates a provision for installing fences to ensure neighbors agree with the property line. One way that could be done now is with a notarized letter from the neighbor. The amendment would also allow a letter signed by the neighbor and witnessed by an unrelated person. City manager Dan Swallow said that sometimes arranging to have a letter be notarized can be cumbersome.

The other two zoning-related amendments that received 7-0 votes on their first readings would expand the blight premises part of the ordinance to apply to all properties in the city and not just residential parcels and set limits on how long and how often a temporary structure, such as a tent, can be used.

“Fabric, portable or tent structures shall only be permitted for a maximum of 180 days; and a permit shall not be issued for any property for which such a permit was issued within the preceding five (5) years,” the amendment says.

Swallow said the city can use its property maintenance code to enforce blight conditions in commercial or industrial areas but it made more sense to have the blight ordinance apply to all properties. He also said fabric structures are usually used for temporary storage.

— Contact reporter David Panian at dpanian@lenconnect.com or follow him on X, formerly Twitter: @lenaweepanian.

This article originally appeared on The Daily Telegram: Tecumseh City Council considers zoning ordinance amendments