7.2. SR 09-21-2015 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearin s ISeptember 21, 2015 Chris Leeseber , Senior Planner
Item Description Reviewed by
Ordinance Amendment for Pool Fences Zack Carlton,Planning Manager
Reviewed by
Action Requested
Adopt,by ordinance, the proposed amendments to Sections 30-796, Fences; 30-1007,Accessory
Structures; and 30-1042,Accessory structure setbacks.
Background/Discussion
Fence Height
The Planning Commission recommends approval of 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. State code increased minimum height requiring a building permit from six to seven
feet. The six foot requirement for a building permit is reflected in our current ordinance.
Staff and the Planning Commission recommend continuing to limit the height of fences in side and front
yards in residential districts to six feet. This will maintain a consistent standard and is not impacted by
state code.
Clarification on non-residential properties was also included in the amendment.
Pools
The City Council recently amended the ordinance 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.
Planning Commission
No one spoke at the public hearing and the Planning Commission had no issues with the request and
unanimously recommended approval of the proposed amendments.
Financial Impact
None
Attachments
■ Ordinance Amendment
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City of
Elk -�-�
River
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 2�/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. Construction of a fence exceeding six feet i1q.
(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.
Cons"ttetion of a fence exceeding six feet in height requires a bt@ding perfnit-.
(d) In any zoning district, construction of a fence exceeding seven 7) feet in height requires a
building Vermit.
(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 Agricultural
Fences
District Setback Setback Setback Height (feet) Buildings
(feet) (feet) (feet) (feet) (feet)
R-1a .... 35 20 30.. 221 .... W 4 ....
R-1b:
Nonsewered 35 10 20 151 0' 100
Sewered 35 5 5 151 0' 100
R-1c 30 5 5 151 0' 100
R-1d 35 5 5 151 0' 100
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R-2a:
Duplex 30 5 5 15 0
R-2b: ....
Townhouse 30 10 10 15 0
R-3:
Single-family 30 5 10..
Duplexes 30 5 5
R-4:
Townhouse and other multifamily 30 10 10 151 0
Swimming pools' 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-1b,R-1c,
and R-1d districts.
3 The keeping of livestock is prohibited within five feet of any property line in the R-1 a district.
4 Agricultural building shall be set back 30 feet from any property line and 50 feet from any
road right-of-way.
' Swimming . 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 per 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 Buildings
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(feet) (feet) (feet) (feet)
C-1 No limits 45 0
C-2 15 10 10 45 0
C-3 25 10 10 35 0
XCR 25 10 10 35 0
Swimming
pools'
0
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. Swimmin
pools must be completely enclosed with an opaque chainlink of equivftlent fence at least four fee
high with a lockable Swimmingpools 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 MaximumFences Agricultural
District Setback Setback Setback Height Buildings
(feet) (feet) (feet) (feet) (feet) (feet)
A-1 50 25 50 221 0
Swimming
p001S3 0
AR 50 50 50
Parking lots
CRT4` 50 25 50 221 0
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' A maximum of one story is permitted.
a Agricultural buildings shall comply with all regular setback requirements for accessory
structures.
s 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. Swimmin
pools must be completely enclosed with an opaque chainlink of equivftlent fence at least four fee
high with a lockable Swimmingpools 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-1a 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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