6.6. SR 06-16-2003MEMORANDUM
Item ~.6.6
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Chris Leeseberg, Planner ~
June 16, 2003
Case No. OA 03-04
Request by City of Elk River to Amend Section 30-796 of the
Zoning Code Relating to Fences
Request
The Planning Commission is asked to consider an amendment to the fence portion of the
Ordinance.
Attachments
· Proposed Ordinance Language
· Diagram of Proposed Ordinance
· Ordinance 03-
Overview
Due to the confusion and the possible misinterpretation of the current language regarding
fences in the ordinance, staff has revised the section relating to fence heights along the front
of properties.
The proposed language states: "that any fence or planting shall not rise over 2 1/2 feet in
height above the level of the public sidewalk or curb of street within 10 feet the front
property line". The language is also being amended for consistency with the building code
regarding permit requirements.
The A-1 district is also being added as an area permitted to have electric, barbed and
barbless wire fences. It currently states that they are allowed only in the R-la district.
City Council / OA 03-04
June 16, 2003
Page 2
Planning Commission Actions
At the March 27, 2003 Planning Commission unanimously recommended approval of the
proposed language.
Recommendation
Staff and the Planning Commission recommend the City Council approve the language
pertaining to fences.
S:\PLANNING\Case Files\2003\OA 03-04 City of ER Fences\OA 03-04_CC.DOC
Sec. 30-796. Fences; .g.:t.:l: .... : ....... : ..... ~ ~.: ........
(a) TT:~:g/;, ~o.w~j .... ~ .~,~~*~ ~ d~S. H~t ~. In ~y residenti~ zone on ~y
corner lot, no ~ence or a~cesso~T o~m~re or pl~t~g sh~ rise over 2 1/2 feet in heigN
above the level of the pubic sidew~ or ~rb of street wk~ ~ 1~ feet of mW carnet the
0) HeiSt of fences in side ~d front y=ds. No fence N a front y~d or ~ong a side ~e
of a lot h a residemi~ zone, other thru a ret~g w~, sh~ be Ngher thru s~ feet in height
~ess the adjo~g lot is not ~ a residenti~ zone. ~n~m~ion of a fence excee~g ~
s~ feet h height req~es a b~ng pe~t.
(c) Height of fences in re~ y~d. No fence Ngher thru eight feet may be located ~ a
req~red re~ y~d N a residenti~ ~stfi~, u~ess the adjo~g lot is not ~ a residenti~ zone.
~nst~ion of a fence excee~g ~ s~ feet ~ height req~es a b~g pe~t.
(d) Gener~ requ~ements for fences.
(1) Location. ~y fence sh~ be located ent~ely upon the private prope~ of the person
const~Ng or causing the constm~ion of such fence u~ess the o~er of the adjo~g
prope~ agrees, N wfitNg, that such fence may be ere~ed on the ~sion ~e of the
respe~ive prope=ies. The k..aa: .... a "~-:"". ........... ~e~or of plug or the~
designee may req~e the owner of the prope~ upon wNch a fence e~sts to e~abEsh the
bound~ ~es of the prope~ by a su~ thereof. -.
(2) ~n~m~ion md m~tenance.
a. Evew fence sh~ be constm~ed ~ a complete ~d subst~ti~ m~er md of
materi~s reasonably s~ted for the puwose for wNch the fence is proposed to be used.
b. Eve~ fence sh~ be m~t~ed N a con~tion of reasonable rep~. No fence sh~
be constm~ed or contNue wNch is dmgerous to the pubic safe~, he~th, or welf~e as
dete~ed by the k..aa: ...... .... ~ ........ a "~-:-~ ~ a&w~rastratar ~remor of plug or the~ desi~ee.
c. Ele~fic fences, b~bed w~e fences ~d b~bless w~ fences sh~ be pe~=ed o~y
h the A-1 ~d R-la zomg ~fi~ when related to f~g, but not as bo~d~ fences.
(3) F~shed side of fence to face adjo~g prope~. If the matefi~ used ~ the fence
constm~ion is not fi~shed on both sides, the fi~shed side of the materi~ sh~ be on the
outside, facing the abu=Ng or adjo~g prope=ies, ~d ~ posts or stm~es supposing the
fence sh~ be on the Nside of the fence.
CORNER LOT INTERIOR LOT CURVED CORNER LOT
~'~ 5 ~ ~ I ~ , I 5 ~.~
~CURB OR EDGE OF STREET
A~A IN WHICH FENCE OR P~N~NGS SH~ NOT EXCEED 2 1/2 FEET IN HEIGHT ABO~ THE LEaL OF THE PUBLIC SIDEW~K OR CU~ OF THE ST~ET,
~ - ~ PROPER~ LINE ~OT THE CU~ OR THE EDGE OF ST~E~
~~ OA 03-04 CITY OF ELK ~VER- FENCES
PROPOSED FENCE HEIGHT ~S~C~ONS CUL
NOT T0 SCALE
ORDINANCE 03 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.08 "DEFINITIONS" and 900.20.3 "ACCESSORY BUILDINGS"
OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-796 titled "Fences" of the City of Elk River Code of Ordinances
shall be amended read as follows:
(a) Height re~. In any residential zone on any lot, no fence or planting shall rise over 2 1/2
feet in height above the level of the public sidewalk or curb of street within 10 feet of the front
property line.
0o) Height offences in side ard front yards. No fence in a front yard or along a side line of a lot in a
residential zone, other than a retaining wall, shall be higher than six feet in height unless the adjoining
lot is not in a residential zone. Construction of a fence exceeding six feet in height requires a building
permit.
(c) Height offences in rearyard. No fence higher than eight feet may be located in a required rear
yard in a residential district, unless the adjoining lot is not in a residential zone. Construction of a
fence exceeding six feet in height requires a building permit.
(d) Cma'a/requ/ronmts forfena, s.
(1) Locat~n. Any fence shall be located entirely upon the private property of the person
constructing or causing the construction of such fence unless the owner of the adjoining property
agrees, in writing, that such fence may be erected on the division line of the respective properties.
The director of planning or their designee may require the owner of the property upon which a fence
exists to establish the boundary lines of the property by a survey thereof.
(2) ~ ardma/ntmanm
a. Every fence shall be constructed in a complete and substantial manner and of materials
reasonably suited for the purpose for which the fence is proposed to be used.
b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be
constructed or continue which is dangerous to the public safety, health, or welfare as determined by
the director of planning or their designee.
c. Electric fences, barbed wire fences and barbless wire fences shall be permitted only in the A-
l and R-la zoning districts when related to farming, but not as boundary fences.
(3) Finished side offene to face adjoiningpropo'ty. If the material used in the fence construction is not
finished on both sides, the finished side of the material shall be on the outside, facing the abutting or
adjoining properties, and all posts or structures supporting the fence shall be on the inside of the
fence.
s: \planning\case files\2003 \oa 03-04 city of er fences\ordinanc.doc
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 16th day of
June, 2003.
Arrest:
Stephanie Klinzing
Mayor
Pat Klaers
City Administrator
s: \document \ordinance \oa97-1.doc