HomeMy WebLinkAbout3.e. Fence Ordinance DiscussionV
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
COUNCIL WORK SESSION DATE: February 11, 2004
AGENDA ITEM: Fence Ordinance Discussion
AGENDA SECTION:
Discussion
PREPARED BY: Kim Lindquist, Community Development Dir.
AGEN ITEM# E-
ATTACHMENTS: Survey, Pool Handout, Ordinance Excerpts
APPROVED BY:
On January 6, 2004 the City Council deliberated on an appeal from the Board of Appeals and Adjustments
regarding the granting of a fence variance. The fence variance permitted a 6' fence in the side front yard of a
corner lot. Currently, the ordinance specifically requires that corner lots where the side front yard adjoins a front
yard the setback is the same as the principal structure for any structure. A fence is considered a structure under
the building code.
The Council stated their interest in discussing this issue at a work session. The current ordinances were
previously forwarded to the Council and are also attached for your use. The ordinance permits a 42" fence in the
front yard with up to 6' in the sides and rear yards. The exception is for corner lots as stated above and fences
must not be located in the sight triangle. The municipal code also requires 48" fences around pools of 5000
gallons or more in capacity. This would encompass many above ground pools. See attached sheet.
Staff has conducted a survey to review requirements from other communities regarding fence heights in
residential areas and what the fence height is for pools specifically. Twenty -one communities responded to the
survey. Based upon the responses, the average fence height for front yards is 44 ". The majority of communities
had a 6' fence height for side and rear yards although there were some 8' (three), 7' (two), and one 6'6" height
maximum. When asked if there were special requirements for fence heights on corner lots, the majority of cities
require a sight triangle that would preclude placement of a fence in the corner at a street intersection. Seven
cities either require a reduced fence height on the side front yard on a corner lot or require greater setbacks for a
fence on the "second" front yard of a corner lot. This would be consistent with the intent of the Rosemount
ordinance.
Sixty -three percent of the communities require a minimum 4' fence around pools. Three require 6' fences and
three require 5' fences. The previous state building code required a 4' minimum fence height. In the appendix of
the International Code, dealing with the safety' protection around pools, a 4' fence is also recommended. The
City when adopting the new Code did not adopt this appendix.
The issue that arose during the variance discussion centered on the additional setback requirement for structures
prompted by the ordinance for corner lots. If the Council would like, they could delete that requirement from the
ordinance. However, that would also permit any type of structure, garage, or accessory building to be closer to
the street as compared to the current condition. Another option would be to maintain the ordinance language but
exempt fences from the setback requirement. That would mean fences up to 6' could be placed along the
property line on side front yards on corner lots (when adjoining another residential front yard). All other
structures would need to meet the principal setback requirement consistent with the current regulations. The
final option would be to keep the ordinance as is.
The main issue raised by this discussion is what are the City and Council trying to achieve. The intent of the
ordinance as it now stands is to ensure a "stockade" look does not occur along city roadways. Further, it
precludes adjacent neighbors from having higher fences on properties adjoining their front yard. Since the
maximum in a front yard is 42 ", the regulation ensures continuity between neighbors based upon fence height
and location.
There was also some indication that the Council may be interested in revising the fence height required for
pools. As written, the ordinance requires a minimum of a 4' fence although certainly many can and do install
fences up to 6' in height. When looking at fence heights for pools, the Council should recognize that there are a
variety of pool products on the market and threshold for fence requirement can be met with several types of
pools, not all of which are the traditional in- ground pool.
From the staff perspective, we continue to support the language in the ordinance as written. We have all been in
communities that have too many fences along major collector and arterial roads that often look cheap and
uninviting. Many times properties have restrictions that limit buildability of the site beyond what the owner may
originally understand; lots have easements, subdivisions have covenants, corner lots have additional zoning
regulations. The regulation as currently crafted it to ensure that development in the "second" front yard on a
corner lot appears similar and consistent to the adjoining residential front yard.
Residential Fence Heights
APPLE
VALLEY
BLAINE
BURNSVILLE
COTTAGE
GROVE
CHAMPLIN
CRYSTAL
EDEN
PRAIRIE
EDINA
FALCON
HEIGHTS
Fence height in front yards
42"
4'
30"
3'
3'
4'
6'
4'
3'
Fence height in rear yards
8'
6'
6'
6'
6'
6'
6'
8'
6'
Fence height in side yards
8'
6'
6'
6'
6'
6'
6'
8'
6'
Any special regulations for fence
heights in corner lots
yes - sight
triangle
yes -20'
corner
yard
setback
for 6'
fence
yes for sight
triangle
yes - sight
triangle
- --
yes - sight
triangle
yes - 6' FY
when
abutting
arterial
streets
yes for
sight line
yes if
adjacent is
front yard
max
height is 4'
yes for
sight
triangle
What is the Code requirement for
fences around pools?
6'
4'
4'
4'
4'
4'
4'
4'
Residential Fence Heights
FRIDLEY
HASTINGS
INVER
GROVE
HEIGHTS
LAKEVILLE
MAPLE
GROVE
NEW HOPE
OAKDALE
ROSEVILLE
ST LOUIS
PARK
SHOREVIEW
SOUTH
ST PAUL
WHITE
BEAR
LAKE
4'
42"
42"
42"
42"
42"
4'
4'
42"
4'
42"
4'
7'
6'
7'
6'
6'
8'
8'
6'6"
6'
6'
6'
6'
7 '
6'
7'
6'
8'
8'
3'6"
6 -
6'
6'
6'
yes for
sight
triangle
yes for sight
triangle
yes sight
triangle
yes for sight
triangle and
side yards
abutting a
street - 42"
no
yes for sight
triangle
yes
yes for sight
triangle
yes for sight
triangle &
two front
yards
yes - side yard
abutting a
ROW limited to
4'
yes - no
higher
than 42" in
front yard
yes - 6'
with 17'
setback
6'
4'
4'
4'
4'
5'
5'
privacy
fence
4'
5'
6'
GALLONS OF WATER IN POOLS
Water
Height
Pool Diameter in Feet
12
13
14
15
16
17
18
3'
2536
2977
3454
3965
4512
5093
5710
3'6"
2959
3473
4030
4636
5264
5942
4'
3382
3969
4606
5287
6016
7.48 GAL /CUBIC FT.
5000 Gallons for permit
MEMORANDUM
TO: Honorable Mayor, City Council members
FROM: Rick Pearson, City Planner
DATE: January 12, 2004
RE: Fences
ZONING ORDINANCE
Fences are permitted up to property lines in all zoning districts, with the one exception of not
being within a "sight triangle" at an intersection. Sight triangles measure twenty -five feet along
property -lines back from corners, or thirty feet back along curbs from intersections.
Fences in residential districts are permitted to a height of six feet, except in front yards, they are
limited to heights of 3.5 feet (42 ").
Corner lots are treated as though they have two "front yards" when they are next to neighboring
front yards. To put it another way, any corner lot side adjacent to a street, which is next to a front
yard will be treated as a front yard. Swimming pools are considered accessory structures and are
subject to setbacks for accessory structures. In front yards, accessory structures have the same
setback as principal structures (the residence).
Eight -foot high fences are permitted in Commercial districts unless they are in front yards (42 ")
or next to Residential Districts (6'). There is a separate category for Security fences (8' max.)
which are permitted in the General Industrial and Waste Management Districts.
CITY CODE
Swimming pools are required to be enclosed by fences with a minimum height of 4 ft. Said
fence must be a minimum of four feet away from the edge of the pool.