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IOU 1 BOOK 78 PAGE improvements within easements. Specifying "utilities, drainage or accessory" easements within the setback regulation will allow greater flexibility where bufferyard or planting easements exist. Pool excavation adjacent to such planting easements should not create any serious impacts. 2. Yards abutting arterial roads. The existing regulations allow owners of double frontage lots which abut major thoroughfare roads to treat the yard abutting the major road as a rear yard in relation to locating pools and related structures and six foot high fences. However, owners of corner lots which also abut a major road on one side do not currently have the same opportunity. The proposed ordinance would allow equal treatment of double frontage lots and corner lots. 3. Unusual lot configurations. The existing pool and related structures regulations apply only to rear yards and rear yard setbacks. However, recently it has been brought to staff's atten- tion that some lots exist which have little or no rear yards, as defined in the zoning' code. Although such situations are rare, there are instances, where a lot has no "rear yard", rather, two front and two side yards. Staff proposes an amendment whereby owners of lots having either no rear yard or a small rear yard may designate a side yard as a "rear yard" for purposes of applying the pool and related structures setback waiver. Fence Locations. Section 2 of the proposed ordinance addresses fence heights. As with pools and related structures, the existing regu- lations allow owners of double frontage lots to treat a yard abutting a major road as a "rear yard" in regards to the special setback waivers, and in regards to fence height. (Note: six foot fences are allowed in both rear and side yards.] Thus, existing regulations allow under certain circumstances a double frontage lot owner to erect a six foot fence in a yard that abuts a major road. However, under existing regulations owners of corner lots under the same circumstances having one yard that abuts a major road do not have the same opportunity to erect a six foot fence. The proposed ordinance amendment would treat corner lots the same as double frontage lots, allowing six foot high fences under the same circumstances. SUMMARY: ;4,A.;•The proposed regulations provide for equal treatment of yards adjacent to major roadways by allowing such yards to be treated as rear yards, under certain circumstances, in regards to fence i `=i- _ .-height and pools and related structures. Graphics will be presented at the meeting that will illustrate normal and "problem" lot situations and the effects of the proposed changes. RECOMMENDATION: Staff recommends that the Board of County. Commissioners adopt the proposed ordinance amending sections 25(b) and 25(i) of the zoning code.