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HomeMy WebLinkAbout6.r. Ordinance Amendment Relating to Fence Height and Orientation Standards EXECUTIVE SUMMARY City Council Meeting Date: June 16, 2015 AGENDA ITEM: 15-18-TA An Ordinance Amendment Relating to Fence Height and Orientation Standards AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA NO. 6.r. ATTACHMENTS: Ordinance Amendment, May 26, 2015 PC Excerpt Minutes, Site Plans Showing Street Side Yards that Abut both Front and Rear Yards. Fence Regulations from Apple Valley, Burnsville, Eagan, Lakeville and Woodbury APPROVED BY: ddj RECOMMENDED ACTION: Motion to approve the attached zoning ordinance text amendment revising fence height and orientation standards. SUMMARY This item was initiated by staff in response to periodic issues with fence height and orientation. The attached draft ordinance amendment would increase the height standard for fences in street side yards abutting another front yard from 42 to 48 inches. In addition, it would require the finished side of all fences (i.e. the side without structural supports) to face toward the abutting property or street right-of- way. Staff recommends approval of the attached draft ordinance enacting these modified standards. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item on May 26th which produced no comments. Staff’s presentation noted the proposed amendment would raise the maximum height standards for fences in street side yards that abut another front yard from 42 to 48 inches and require the finished side of all fences (i.e. the side without structural supports) to face toward the abutting property or street right-of-way. The Commission had general discussion regarding past practices and application of the new standards. Mr. Lindahl stated the height of fences in street side yards that abut another front yard and fence orientation have been ongoing issues for several years. Based on consultation with other communities and the fence industry, staff believes the proposed text amendment is the best compromise between residents’ desires for higher fences and the spirit and intent of the ordinance to maintain openness along front yards. The proposed changes would take effect after action by the City Council and publication in the Rosemount Town Pages. BACKGROUND Currently, Rosemount fence regulations limit the height of fences in front yards or street side yards that abut another front yard to 42 inches and do not address fence orientation. It is common for residents to request fences in street side yards that abut another front yard be at least 48 inches high. 2 It is less common, but does occur occasionally, that a resident orients their fence so that the side with the structural supports faces away from their property and toward the abutting property or street right-of-way. In some cases, staff works with the resident to reconsider how the fence is placed or there are homeowner association standards that prohibit this practice. However, there is no zoning regulation to prevent this practice city wide. The attached amendment would require that the finished side of all fences (i.e. the side without structural supports) to face toward the abutting property or street right-of-way. ISSUE ANALYSIS Legal Authority. Ordinance amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of structures or use. Under the law, the City has wide flexibility to create standards that will insure the type of development it desires. However, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Comparison of Fence Standards in Similar Communities. A recent survey of comparable communities found varying fence standards, although all of the communities acknowledged similar issues with fence height and orientation. The results of the survey are detailed in the table below. Of the five similar communities surveyed, two have raised their height standards from 42 to 48 inches and three have orientation requirements. In this case, both Lakeville and Woodbury allow fences in street side yards that abut another front yard to be up to 48 inches high and require all fences have their finished side (that side having no structural supports) face the abutting property or right-of-way. Fence Standards In Comparable Communities Community Permit Height Orientation Rosemount Yes 42” N/A Apple Valley Yes 42” N/A Burnsville Yes <6’ 42” N/A Eagan Yes 42” Finished Side Out Lakeville Yes 48” Finished Side Out Woodbury No 48” Finished Side Out In addition to surveying fence standards in other communities, staff also consulted with representatives of both Midwest Fence and Dakota Unlimited to confirm the industry standards for residential fences. Representatives from both companies stated their suppliers produce fences in standard 48, 60 or 72 inch heights. Other heights are either custom made on site or special orders from the manufacturer. Representatives from both companies also stated they would recommend a 48 inch high fence in street side yards that abut another front yard to provide optimum security and screening while maintaining open sightlines along the public street. CONCLUSION & RECOMMENDATION Both the Planning Commission and staff recommend approval of the attached zoning ordinance text amendment revising fence height and orientation standards. After comparing Rosemount’s fence standards with those of comparable communities and consulting with fence providers about industry standards, staff recommends amending the City’s fence standards to increase the maximum height of fences in street side yards that abut another front yard from 42 to 48 inches. Fences in street side yards 3 that abut another back yard may continue to be up to 6 feet high. While the height standard change would only apply to fences in street side yards that abut another front yard, the orientation standards would apply to all fences throughout the City. This recommendation is based on the findings made in this report. City of Rosemount Ordinance No. B- ______ AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONGING ORDINANCE B RELATING TO FENCE STANDARDS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11-5-2.C.1.e: Fences and Walls is hereby amended as follows: e. Fences and Walls: Fences and walls not exceeding six feet (6') in height, are permitted in any district in the side or rear yards, but shall not exceed forty two inches (42") in front yards or forty eight inches (48”) in street side yards of corner lots that abut another front yard, provided that no structure shall interfere with sight distances for vehicles approaching intersections. Fences not exceeding eight feet (8') in height are permitted in all commercial districts except along property lines adjacent to residential districts. (1) Easements: All fences located in recorded easements are the sole risk of the property owner; and the cost of any removal, relocation, or placement of said structures caused by any activity permitted in said easements is the sole responsibility of the property owner. (2) Materials and Construction: Every fence shall be constructed in a workmanlike manner of substantial materials widely accepted in the fencing industry and reasonably suited for the purpose for which the fence is intended. No plywood boards, canvas, plastic sheeting, metal sheeting or similar materials shall be used for any fence construction. Link fences shall be constructed in a manner that no barbed ends shall be at the top. The side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face the abutting property or street right of way. Barbed wire and electric boundary fences not exceeding six feet (6') in height shall only be permitted in the AG, AG-P, and RR districts when related to agricultural or permitted uses relative to animal husbandry. (3) Temporary Or Seasonal Fences: Temporary or seasonal fences (such as snow fences, erosion control fences, fences to protect newly seeded areas and the like) are allowed without a permit provided: a) no such fence may be left in place for more than six (6) months without written city approval; b) any such fence must be removed within fifteen (15) days of the city providing written notice to the landowner that the city has determined the fence no longer serves its originally intended, temporary or seasonal purpose. (4) Maintenance: All fences shall be maintained in accordance with section 9-4-7, "Public Nuisance Defined", of this code and all other applicable sections of this code. (Ord. B-198, 2-3-2009) 2 Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 16th day of June, 2015. CITY OF ROSEMOUNT ________ William H. Droste, Mayor ATTEST: Clarissa Handler, City Clerk Published in the Rosemount Town Pages this ____ day of __________, 2015. EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING APRIL 2, 2015 5.b. Request by The City of Rosemount for a Text Amendment Related to Fence Standards (15-18-TA) Planner Lindahl summarized his report for the Planning Commission. Commissoner Kenninger inquired about past practice. Planner Lindahl said that given the number of requests for fences higher than 42 inches variances aren’t the proper tool to address this issue. He also stated that he can only think of one fence variance that was approved in his tenure, but that was in relation to a pool. Staff feels this is a good compromise. Staff felt that a text amendment is a better route to take than granting multiple variances. Commissioner Henrie inquired why is this recommendation was coming forward now. Lindahl stated that this is a common challenge for staff; there have been a handful of requests since fall of 2014. Not one incident but a history across a number of years. Henrie also inquired what would happen to those who already built a fence. Lindahl stated if they wish to rebuild they can. Any nonconforming fence would become conforming, there is no requirement to reconstruct to a higher fence. Commissioner Kenninger also inquired about how the orientation of the fence panels will be addressed. Lindahl states the amendment requires finished side face out toward the neighboring property or right-of-way. Any fences currently not meeting this requirement would be grandfathered in. They will be able to maintain, repair, or replace the existing fence, but couldn’t expand it without meeting the new standards. Commissioner Freeman confirmed that the fence orientation change would apply to all fence types, i.e. panels, chain-link. Mr. Lindahl stated that is correct. Commissioner Forster inquired when the change would take effect. Lindahl stated it is the same as other amendments, which would be upon the publishing date. There is roughly a 9 day waiting period due to publishing timeline of the paper. The public hearing was opened at 8:59 pm. Public comments: None MOTION by Kenninger to close the public hearing. Second by Henrie. Ayes: 7. Nays: 0. Motion Passes. Public Hearing closed at 9:00 pm Additional Comments: Motion by Kenninger to recommend the City Council approve a zoning ordinance text amendment revising fence height and orientation standards. Second by Henrie Ayes: 7 Nays: 0 Motion approved. B A C A R D I A V E B I R D S O N G C T B I R C H W O O D A V E B E L M O N T T R A Z A L E A A V E 138TH ST W A U T U M N C T A U T U M N WOODAVE BIRDSONG PATH B I R C H W O O D A V E BIRMINGHAMCT BELVIDERE CT 136TH ST W CONNEMARATR B I R N A M W O O DTR B O N A I R E PAT H W B A C A R D I A V E B I R D S O N G C T B I R C H W O O D A V E B E L M O N T T R A Z A L E A A V E 138TH ST W A U T U M N C T A U T U M N WOODAVE BIRDSONG PATH B I R C H W O O D A V E BIRMINGHAMCT BELVIDERE CT 136TH ST W CONNEMARATR B I R N A M W O O DTR B O N A I R E PAT H W Corner Lotswith StreetSide YardAbutting a Backyard Corner Lotswith StreetSide YardAbutting a Front Yard BISCAYNE POINTE NORTH STREET SIDE YARDS FENCE SCENARIOS ROSEWOOD ESTATES Corner Lotswith StreetSide YardAbutting a Backyard Corner Lotswith StreetSide YardAbutting a Backyard Corner Lotswith StreetSide YardAbutting a Front Yard STREET SIDE YARDS FENCE SCENARIOSROSEWOOD ESTATES 148TH ST W B O S T O N C I R B O I S E C I R City of Eagan Fence Standards Section 11.70, Subdivision 16. Fences. A. Construction and maintenance. 1. Every fence shall be maintained in accordance with the building and structure safety and appearance regulations in chapter 10 of this Code. No temporary fence, such as snow fence or an erosion control fence, shall be permitted on any property for a period in excess of 30 days unless otherwise approved by the city for good cause. 2. Above-ground electric boundary fences shall only be permitted in the A district when the property is an active farm. 3. The finished side of all fences shall face away from the fence owner's lot. B. Residential district fences. In all parts of the city zoned residential, boundary fences shall be subject to the following requirements: 1. Fences on all corner lots erected within 30 feet of the intersecting curbline shall be subject to traffic visibility requirements set forth elsewhere in this Code. 2. In side or rear yards, fences shall not exceed a maximum height of six feet. 3. In front yards, fences shall not exceed 42 inches in height. 4. Barbed wire fences shall be permitted only in non-residential zoning districts. C. Business and industrial fences. Property line fences within all business and industrial districts shall not exceed eight feet in height, except by conditional use permit Section 10.53, Subdivision 1.B Any fence is a public nuisance if it does not comply with the following requirements: 1. The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in the stage of collapse. 2. The fence shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the fence. The fence shall be free from any defects or condition which makes the fence hazardous. 3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, which shall be maintained in good repair to provide the intended protection from the elements. 4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish, including but not limited to: paint or other protective covering or treatment, on more than 20 percent of any one linear ten-foot section of the fence. For purposes of this section, "fence" means any structure, wall, or gate erected as a permanent dividing marker, partition, visual or physical barrier, or enclosure, excluding any permitted temporary fence as regulated in the zoning regulations of this Code, within a parcel of land regardless if the parcel is platted or unplatted. Page 1 City of Woodbury ARTICLE IV. - FENCES Sec. 6-136. - Generally. Fences are permitted in all yards, subject, however, to the provisions of this article. (Code 1985, § 310.02) State Law reference— State fence law, Minn. Stat. § 334.03; local fence viewers; legal and sufficient fences, Minn. Stat. § 344.02. Sec. 6-137. - Appeals. Appeals from the provisions of this article may be made pursuant to the variance procedures in chapter 24, article II, division 5. (Code 1985, § 310.03) Sec. 6-138. - Maintenance. All fences shall be properly maintained with respect to appearance and safety. (Code 1985, § 310.02(O)) Sec. 6-139. - Private swimming pools. All fencing around private swimming pools shall comply with chapter 22, article II. (Code 1985, § 310.02(N)) Sec. 6-140. - Height. (a) A fence up to six feet in height may be erected on the rear lot line, the side lot lines and it may return to the front corner of the principal building and shall not be closer to the street than the front corner of the principal building. (b) Fences in business and industrial districts may be erected on the lot line to a height of six feet. Fences in these districts may be erected to a height of eight feet with a securi ty arm for barbed wire subject to a special use permit. (c) Fences exceeding height limits in business and industrial zoning districts may be erected provided they do not encroach upon front or side yard requirements or within ten feet of a rear lot line. No fence shall exceed the height of the principal structure. (d) Fences in excess of 30 inches in height extending across front yards are not permitted in residential platted areas. (e) Fences may be up to eight feet in height when located in rear yard with setbacks from property lines as follows: Page 2 (1) Sides, ten feet. (2) Rear, 35 feet. (f) A fence not exceeding four feet high may be erected on the side lot lines forward of the front corner of the principal building. (Code 1985, § 310.02(A)—(C), (E)—(H), (M)) Sec. 6-141. - Reserved. Editor's note— Ord. No. 1557, § 1557.07, adopted Sept. 26, 1990, repealed former § 6-141 of the Code, which pertained to required open space for passage of air and derived from the 1985 Code, § 310.02(I). Sec. 6-142. - Traffic obstruction. No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict snow plowing of streets. (Code 1985, § 310.02(D)) Sec. 6-143. - Placement along property lines. Fences may be placed along property lines provided no damage of any kind results to abutting property. Fences placed on property lines are subject to section 6-146, easements. (Code 1985, § 310.02(J); Ord. No. 1774, § 1774.01, 6-28-2006) Sec. 6-144. - Placement of face of fence. The side of the fence considered to be the face (facing as applied to fence posts) shall face abutting property. (Code 1985, § 310.02(K)) Sec. 6-145. - Prohibited fencing. Barbed wire and electric fencing are prohibited in platt ed areas. (Code 1985, § 310.02(L); Ord. No. 1796, § 1796.01, 11-29-2007) Sec. 6-146. - Easements. Any fence placed within an easement that impedes the access or intended use of that easement may be removed by the city or the city's representative at the owner's expense. (Ord. No. 1774, § 1774.02, 6-28-2006) Sec. 6-147. - Fence materials. Page 3 In commercial, office, business park and city center zoning districts, fence materials shall be high - quality vinyl-coated chain link (minimum 9 gauge thickness with a r equired top rail support), brick, stone, wrought iron, decorative metal or other such material as approved by the city. (Ord. No. 1778, § 1778.01, 9-27-2006) Secs. 6-148—6-199. - Reserved.