4.3 PCSR 08-25-2015 ilk Request for Action
River
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To Item Number
Planning Commission 4.3
Agenda Section Meeting Date Prepared by
Planning Items August 25, 2015 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Request by City of Elk River for Ordinance Zack Carlton,Planning Manager
Amendment relating to pool fences, Case No. OA Reviewed by
15-10
Action Requested
Recommend,by motion, approval of the Ordinance Amendment as proposed.
Background/Discussion
Fence Height
Staff is recommending an ordinance amendment to reflect the recent changes made to the Minnesota
State Building Code (state code) which increased the height of fences requiring permits.
The state code changed the minimum height requiring a permit to seven feet. The state code previously
required permits for fences over six feet in height, as reflected in our current ordinance.
Staff is proposing to continue limiting the height of fences in side and front yards in residential districts
to six feet. This will maintain a consistent standard and not affect the state code.
Clarification on non-residential properties was also included in the amendment.
Pools
The City Council amended the ordinance (OA 13-03) as it pertains to pool barriers. Language was added
to allow automatic pool covers as an allowed barrier.
Staff identified an oversight with the accessory structures tables/footnotes in the residential and
commercial zoning districts. The language in these footnotes only references fencing and does not
address the automatic pool covers.
Staff is recommending an amendment to these sections to reflect the previously approved automatic pool
cover changes in Section 30-796.
Financial Impact
None
Attachments
• Ordinance Amendment
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Ordinance 15 -
An Ordinance Amending Sections, 30-796, Fences; 30-1007, Accessory Structures;
30-1042, Accessory structure setbacks; 30-1582, Accessory structure setbacks of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 30-796, Fences;visibility at intersections and driveways of the City of Elk
River Code of Ordinances shall be amended to read as follows:
(a) Height restrictions. In any residential zone on any lot, no fence or planting shall rise over 21/2
feet in height above the level of the public sidewalk or curb of street within ten (10) feet of
the front property line.
(b) Height of fences in side and 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. - --:-. :: - - - -- - - -- -
(c) Height of fences in rear yard. 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 fcncc exceeding six fcct in height requires a building permit.
(d) In any zoning district, construction of a fence exceeding seven (7) feet in height requires a
building permit.
(de) General requirements for fences.
(1) Location. 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) Construction and maintenance.
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-1 and R-1a zoning districts when related to farming.
(3) Finished side of fence to face adjoining property. 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.
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(4) Pools.
a. All below ground swimming pools require a building permit and shall be
enclosed with a fence or covered with an automatic pool cover when not
supervised.
b. The fencing or automatic pool cover must be installed prior to filling the pool.
c. Fencing shall be chain link,vertical pickets or solid. Spaces between the
bottom of the fence and the ground or between the pickets shall not exceed
four inches.
d. Fencing shall be a minimum of four feet in height and all gates shall be
equipped with self-closing and self-latching devices placed at the top of the
gate or otherwise inaccessible to small children and provided with hardware
for permanent locking devices.
e. Automatic pool covers shall meet the standards of F1346-91 (reapproved
1996) of American Society of Testing and Materials (ASTM),as such
standards may be modified, superseded or replaced by ASTM.
f. All above ground pools that require a building permit shall have access
controlled with a means to prevent access into the above ground pool when
unoccupied. Failure to prevent access into an above ground pool when
unoccupied is a misdemeanor.
g. All pool related chemicals shall be stored inside the home or an accessory
structure.
SECTION 2.That§ 30-1007,Accessory structures of the City of Elk River Code of Ordinances
shall be amended to read as follows:
Accessory structures shall comply with the following dimensional regulations:
Front Side Rear Maximum Fences , Agricultural
District Setback Setback Setback Height Buildings
(feet)
(feet) (feet) (feet) (feet) (feet)
R-1 a 35 20 30 22 1 03 4
R-1b:
Nonsewered 35 TTO7 20 151 OZ 100
Sewered 35 5 5 151 02 r 100
R-1c 30 I 5 5 151 02 100
R-1d 35 5 5 15' I 02 100
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R-2a:
Duplex 30 5 5 151 0 —
R-2b:
Townhouse 30 10 10 151 0 —
R-3:
Single-family 30 5 10
Duplexes 30 5T 5
R-4:
Townhouse and other multifamily 30 10 10 151 0 —
Swimming pools5 — 0
A maximum of one story is permitted.
2 The keeping of livestock is prohibited within 100 feet of any property line in the R-lb, R-lc,
and R-1d districts.
3 The keeping of livestock is prohibited within five feet of any property line in the R-la district.
4 Agricultural building shall be set back 30 feet from any property line and 50 feet from any
road right-of-way.
5 SWinifliifigreW3197 Swimming pools shall be setback a minimum of eight feet from the side yard
and rear yard lot lines and must comply with the required front yard setback as m.this subdivision
II. Swimming pools must comply with the fencing requirements found in section 30-796.
SECTION 3. That § 30-1042,Accessory structures setbacks of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Accessory structures shall comply with the following dimensional regulations:
District Front Side Rear Maximum Fences Agricultural
Setback Setback Setback Height Begs
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7-1 (feet) (feet) (feet) (feet)
C-1 No limits 45 0 —
C-2 15 10 10 45 0 —
C-3 T 25 10 10 35 0 —
XCR 25 10 10 35 0 —
Swimming — 0 —
pools'
' Swimming pools shall be set back a minimum of eight feet from the side yard and rear yard lot
lines and must comply with the required front yard setback as per this subdivision II.
pools must be completely enclosed with an opaque chainlink or equivalent fence at least four feet
high with a lockable gate. Swimming pools must comply with the fencing requirements found in
section 30-796.
SECTION 4. That § 30-1582,Accessory structures setbacks of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Accessory structures shall comply with the following dimensional regulations:
Front Side Rear Maximum Agricultural
Fences
District Setback Setback Setback Height Buildings
(feet)
(feet) (feet) (feet) (feet) (feet)
A-1 1 50 25 50 22 ' 0 _2
Swimming — 0 —
pools3
AR
Parking lots 50 50 50 — — —
CRT4` 50 25 50 22 ' 0 —2
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1A maximum of one story is permitted.
2 Agricultural buildings shall comply with all regular setback requirements for accessory
structures.
3 Swimming pools shall be set back a minimum of eight feet from the side yard and rear yard lot
lines and must comply with the required front yard setback as per this subdivision II. Swimming
pools must be completely enclosed with an opaque chainlink or equivalent fence at least four feet
high with a lockable gate. Swimming pools must comply with the fencing requirements found in
section 30-796.
4 Accessory structures shall comply with the size limitations as prescribed for lots in the R-la district,
as outlined in section 30-793 (b).
SECTION 5. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 21st day of September,2015.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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