Loading...
HomeMy WebLinkAbout6.i. An Ordinance Amendment Creating Minimum Material and Construction Standards for Fences, 08-43-TAVILJ Vvul lvII IVJvva...a.. AGENDA ITEM: 08 -43 -TA An Ordinance Amendment Creating Minimum Material and Construction Standards for Fences. AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA NO. ATTACHMENTS: 11 -25 -08 12 -23 -08 PC Minutes, Ordinance Amendment, Fence Standards for Rosemount, Apple Valley, Burnsville, Ea an, Farmin 'ton, and Lakeville APPROVED BY: w RECOMMENDED ACTION: Motion to Approve an Ordinance Amendment Creating Minimum Material and Construction Standards for Fences. 9 ROSEMOUNT CITY COUNCIL EXECUTIVE SUMMARY SUMMARY This item was initiated by staff in response to concerns about the quality of fences within the community. While the overall quality of fences within the City remains high, Rosemount does not have a minimum uniform standard for the community. As a result, staff recommends approval of the attached draft ordinance creating minimum material and construction standards for fences. PLANNING COMMISSION ACTION This item was reviewed by the Planning Commission during the November 25 and December 23, 2008 meetings. Excerpt minutes from those meetings are attached for your reference. Staff originally brought this item to the Commission for discussion on November 25 During that meeting, the Commission directed staff to proceed with the public hearing process for the proposed amendment. The Commission formally reviewed the proposal and held a public hearing on December 23, 2008. During that meeting, Chairman Messner asked how this ordinance could impact garden fences and the like. Planner Lind hl explained that seasonal fence may be exempt from these standards for good cause. Having no other questions or public comment, the Commission voted unanimously to recommend the City Council approve the amendment. ISSUE ANALYSIS A recent survey of the surrounding Dakota County communities found that each of them has some type of minimum fence material and construction standards. These standards are attached for your reference. After reviewing Rosemount's existing fence standards as well as fence standards for the surrounding Dakota County communities, staff recommends approval of the attached zoning ordinance text amendment creating minimum material and construction standards for fence. Staff believes it is important to note that while the City does have minimum setback and height standards for fences (see attached), it has operated without minimum fence material standards by relying on other sections of the zoning ordinance or individual homeowners' association standards. For example, the nuisance section of the zoning ordinance would address any fence that is a danger to the "health, safety and general welfare of the community." In addition, most of the newer neighborhoods in the community have homeowners' association covenants with detailed fence material and design standards. While this approach has worked to date, it has created administrative challenges for staff and does not include a minimum base standard for the entire community. It should also be noted that the ordinance (11- 5- 2.c.1.e.) specifically prohibits barbed wire and electric fences in all districts other than AG Agricultural, AGP Agricultural Preserve and RR Rural ResidentiaL Bared wire fence are permitted in the PI Public and Institutional district through a conditional use permit (CUP). CONCLUSION RECOMMENDATION Staff recommends approval of the attached draft ordinance creating minimum material and construction standards for fence. While the overall quality of fences within the City remains high, staff finds this amendment necessary to insure a minimum uniform standard for the community as a whole. 2 EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING NOVEMBER 25, 2008 New Business: 7.a. Zoning Ordinance Text Amendment Regarding Fence Materials. Planner Lindahl reviewed the staff report. These topics were initiated by staff who request direction from the Planning Commission regarding two items: (1) minimum standards for fence materials, and (2) the number of copies required with Planning and Land Use applications. This item is for discussion only. Should it be necessary, staff will draft formal text amendments and bring them back to the Planning Commission at a future time for an official review and public hearing. Commissioner Schultz asked if some direction could be taken from what the associations require for fencing. Chairperson Messner stated that the Commission should create a minimum standard that allows flexibility. Mr. Linclahl stated that the standards of association will be more detailed and specific in style and material that what staff is proposing. Mr. Zweber added that staff does not want to dictate what people should have for a fence but give them a standard for what is allowed. Discussions on barbed wire and electric fencing took place, and also dog kennels, all of which are included in separate sections of the ordinance. With respect to the number of plans staff should require for submittals, it was agreed that staff should have full control over the number of copies and that large plans for Commission review is not necessary. EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING DECEMBER 23, 2008 5.b. Zoning Ordinance Text Amendment Regarding Fence Material Standards (08-43 TA). Planner Lindahl reviewed the staff report. This item was reviewed by the Planning Commission during the November 25, 2008 meeting. Mr. Lindahl stated that staff believes it is important to note that while the City does have minimum setback and height standards for fences, it has operated without minimum fence material standards by relying on other sections of the zoning ordinance or individual homeowners' association standards. In addition, most of the newer neighborhoods in the community have homeowners' association covenants with detailed fence material and design standards. While this approach has worked to date, it has created administrative challenges for staff and does not include a minimum base standard for the entire community. Mr. Lindahl further pointed out that the ordinance (11- 5- 2.c.1.e.) specifically prohibits barbed wire and electric fences in all districts other than AG Agricultural, AGP Agricultural Preserve and RR Rural Residential. Barbed wire is also allowed in the Public and Institutional districts through a conditional use permit. Mr. Lindahl stated that staff recommends approval of the attached draft ordinance creating minimum material and construction standards for fence. While the overall quality of fences within the City remains high, staff finds this amendment necessary to insure a minimum uniform standard for the community as a whole. Chairperson Messner asked how garden fences are included in the ordinance. Mr. Lindahl explained that a garden fence would be considered a temporary and seasonal fence and they therefore would fall under the guidelines in the ordinance for temporary fences. However, Mr. Lindahl stated that the fence may not apply to the 30 day restriction because the City can approve temporary fences for an excess of 30 days for good cause which would include seasonal fences. The public hearing was opened at 7:24p.m. There were no further public comments. MOTION by Schwartz to close the Public Hearing. Second by Palda. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 7:24p.m. There was no further discussion among the Commissioners. MOTION by Schwartz to recommend the City Council approve the attached draft ordinance creating minimum material and construction standards for fences. Second by Palda. Ayes: 5. Nays: None. Motion approved. As follow -up, Mr. Lindahl stated this item will go before City Council at their regular meeting on January 20, 2009. City of Rosemount Ordinance No. B- 198 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING FENCE MATERIALS 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. 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, 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. In addition. no temporary fence (snow fence. erosion control fence. or the like) shall be allowed on any property for a period in excess of 30 days unless otherwise approved by the city for good cause. Link fences shall be constructed in a manner that no barbed ends shall be at the top. 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. Maintenance. All fences shall be maintained in accordance Section 9 -4-7: Public Nuisance and all other applicable section of the City Code. 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 20 day of January 2009. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of 2009. ROSEMOUNT COMMUNITY DEVELOPMENT 2875 145 STREET WEST ROSEMOUNT MN 55068 651- 322 -2024 A permit is required for all fences installed in Rosemount. Fence permit fees are $75.00 Required submittals include permit application and a drawing of your property indicating where your fence is to be placed. The maximum height of any fence installed within the City of Rosemount is 6 feet. Fences installed around swimming pools from ground up must be a minimum of 4 feet high and non- climbable with a self closing /self latching gate. Setbacks All fences may be installed up to but not on the property line. For setback information on properties that have wetlands or ponding areas call Engineering at 651 -322 -2055. Establish property lines The City of Rosemount does not provide surveying services. It is up to the homeowner to establish the location of the lines and make these available upon request of the inspector. Special consideration /corner lots Fences that extend into front yards of corner lots MUST NOT impair traffic visibility. See figure #1. Fences that extend into rear yards must consider abutting properties. If your rear yard abuts adjacent properties front yard then the fence in the front yard setback area must not exceed 42 inches. Covenants The City of Rosemount does not enforce the private covenants of subdivisions. Homeowners should always check the covenants in their areas for additional fence requirements. Inspections An inspection during installation and /or after completion is required for all fences. FENCE REQUIREMENTS FIGURE 1 CORNER LOTS 3 y Q CA HG5e l 1 No r ENCG ova_ .3D" =Iv 14'6 IG Wt r c Nces musT NOT xcEE� 43" �N o An' YARDS Pmpe rve- 'T RESIDENTIAL' FENCE INFORMATIONAL SHEET Rosemount's Fence Definitions FENCE: Any partition, structure or wall, or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. All fences are subject to building permit review and approval. DECORATIVE FENCE: A fence made of high quality, long lasting and ornamental materials including finished aluminum, wrought iron, brick and the like, but not including wood, unfinished metal, vinyl, PVC, chaff link, wire, barbed wire or like materials. 155.351 FENCES; PERMITS AND LOCATION (Apple Valley). (A) Permit required. No person, firm or corporation, except on a farm and related to farming, shall hereafter construct or cause to be constructed or erected any fence, wall or similar barrier in excess of six feet in height, as measured from the ground to the top of the fence with an exception of a two -inch ground clearance, without first obtaining a permit from the city. Any fence, wall or similar barrier requiring a building permit shall be constructed or erected in accordance with the provisions of the Minnesota State Building Code. (B) Locations. All boundary fences shall be located entirely upon the private property of the persons, firm or corporation constructing or causing the construction of the fence unless the owner of the property adjoining agrees, in writing, that the fence may be erected 'on the division line of the respective properties. The building inspector may require the property owner desiring to erect a fence for which a permit is required to establish the boundary lines of his or her property by a survey thereof to be made by any registered land surveyor. (C) Fence regulations. A fence is a public nuisance and prohibited accordingly 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. 2002 S -1 (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 coating 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 fmish, including but not limited to: paint or other protective coating or treatment, on more than 20% of any one linear ten -foot section of the fence. (5) Any link fence, where permitted, shall be constructed and maintained in such a manner that no barbed ends be located at the top of the fence. (6) No fence made of any material which is intended for the purpose of temporary fencing, such as snow fencing or erosion control or sedimentation fencing, shall be permitted on any property for a period in excess of 30 days within any twelve -month period, except in connection with a development, construction or land disturbing activity project requiring such temporary fencing or as otherwise approved by the city for good cause. (D) Residential district fences. In all areas of the city zoned residential and not a farm, no boundary line fence shall be erected or maintained more than 3Y2 feet in height except that: (1) Fences on all corner lots erected within 30 feet of the intersecting curb line shall be subject to 155.335. 1 (2) Fences may be constructed to a height of eight feet on the side property line from the rear lot line to the front setback line of the principal building. (3) Fences along any rear property line which is also the rear property line of an abutting lot or which abuts a street right -of -way shall not exceed eight feet in height. (4) Fences along a rear property line which constitutes the side lot line of an abutting lot shall not exceed eight feet in height and shall not exceed 3 feet in height within a triangular area described as follows: beginning at the intersection of the common rear /side lot line and the abutting lot's front lot line; thence 17 feet along the common rear /side lot line; thence diagonally to a point 17 feet from the point of beginning along the side street lot line; thence to the point of beginning. (5) Fences on side street lot lines shall not be more than eight feet in height and shall not extend toward the front lot line past a point on the lot line where the front building line of the principal building projected would intersect and, if the adjacent lot fronts on the same street as the aforementioned side street lot line, the fence shall not exceed 3'A feet in height within the triangular area described in subsection (4) above. 2 (F) (G) S 10 -7 -19: FENCES: Fences shall be permitted in all yards subject to the following: (A) Permit Not Required: Building permits are not required to construct fences. (B) Locations: Fences shall be located entirely upon the private property of the persons constructing the fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties. The city may require the owner of property with an existing fence to establish the boundary line of his property by a survey. (C) Construction: Fences shall be constructed in a workmanlike manner and of substantial material reasonably suited for its intended purpose. (D) Maintenance: Every fence shall be maintained on both sides in a condition of good repair and shall not be allowed to become or remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the city health or welfare, is a public nuisance, and the city may commence proper proceedings for the abatement thereof. (E) Electric Fences: Electric fences shall not be permitted except for agricultural purposes and for the control of deer in residential gardens, provided that garden fencing shall comply with the following standards: 1. The fence shall be electrified using only a UL listed fence controller, or an equivalent approved by the city electrical inspector. 2. The fence may consist of multiple strands of electrified wire, but at least one (1) strand shall be installed at a height between thirty (30) and thirty six inches (36 inches above the ground and marked with warning signs that are no less than eight (8) square inches in size and that are attached to the wire no less than ten feet (10') apart. 3. The fence shall not be located in the front yard as defined in section 10-4 -2 of this title. 4. The fence shall be located only around the perimeter of each garden or freestanding flower bed to be protected, up to the property line, and shall in no instance be used as perimeter fencing for the property. 5. The fence, including the wires, shall not exceed the height limitations of subsections (G)1 and (G)2 of this section. Barbed Wire Fences: Barbed wire fences shall only be permitted on farms or for special security requirements by conditional use permit. Residential Fencing and Screening: 1. Except as provided herein, fences outside the buildable area of a lot may not exceed six feet (6') in height. 2. Except as provided herein, fences within the buildable area of a lot or in the case of the rear lot line at least ten feet (10') from the rear lot line, may not exceed eight feet (8') in height. 3. Fences extending across front yards shall not exceed three and one -half feet (3 in height and shall be at least seventy -five percent (75 open space for passage of air and light. (H) Swimming Pool Protection: Pool barrier and screening requirements shall comply with Title 4, Chapter 6 of this code. (I) Business and Industrial Fencing: 1. Business and industrial fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8') shall require a conditional use permit. 2. Business and industrial fences with barbed wire security arms a minimum of six feet (6') in height (measured without the security arm) may be allowed by conditional use permit. The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public. Such security fencing shall not be located along a property line abutting a residential use. Special Purpose Fences: Fences for special purpose and fences differing in construction, height or length may be permitted in any district by conditional use permit. Findings shall be made that the fence is necessary to protect, buffer or improve the premises. (J) 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. Farmington (G) Materials: Fences in all districts, except agricultural, shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting, metal sheeting or similar material shall be used for any fence construction. Lakeville Construction and Maintenance: Fence Standards for Farmington and Lakeville 1. Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the zoning administrator shall commence proper proceedings for the abatement thereof.