ORD 15-31Ordinance 15 - 31
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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 5 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 4UO 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. Genstreetion of it fc4tee exeeeding six feet
(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.
:r a.
(d) In an zoning oning district, construction of a fence a ceedin.g seven F7) feet in hdAht rewires a
building permit.
(dg) 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.
C. 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 5 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:
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Front
Side
Rear
Maximum
Agricultural
Fences
District
Setback
Setback
Setback
Height
Buildings
(feet)
(feet)
(feet)
(feet)
(feet)
(feet)
R -1a 35 20 1 30 22 03 4
R -1b:
Nonsewered
I
35
10
20
15'
02
100
Sewered
35
5
5
15'
02
100
r -
R -1c
30
5
5
15'
OZ
100
R-1 d
i 35
I
5
5
15'
OZ
100
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R -2a:
�lA.---- Duplex 30 5 5
----
R -2b:
-�—
15' 0 -
Townhouse 30 10 10
R-3:
15' 0 —
Single-family
30
5
10
Duplexes 30 5 5
R-4:
—1 T
Townhouse and other multifamily
Swimming pools'
30
10
10
15'
0
—
--
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.
'The keeping of livestock is prohibited within five feet of any property line in the R -1a district.
'Agricultural building shall be set back 30 feet from any property line and 50 feet from any
road right-of-way.
5 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
11. 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
Setback Setback
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Rear Maximum
Setback I Height
Fences Agricultural
Buildings
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AUR
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' Swimming pools sha11 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 wcust be eempletely enelased with ftn opftqtje ehaii4ink of- equivale"t 14—pee a ;-i-ea-st, four fee
high with ft leekable Sovimming pools must co=l-with the fencing requirements found in
section 30-796.
SECTION 4. That 5 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:
(feet) (feet) (feet)
(feet)
Rear
Maximum
C-1
No limits
45
0
—
C-2
15
10
10
45
0
—
C-3
25
10
10
35
0
—
XCR
25
10
I 10
35
0
! —
Swimming
I
0
—z
0
pools'
—
—
' Swimming pools sha11 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 wcust be eempletely enelased with ftn opftqtje ehaii4ink of- equivale"t 14—pee a ;-i-ea-st, four fee
high with ft leekable Sovimming pools must co=l-with the fencing requirements found in
section 30-796.
SECTION 4. That 5 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:
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Front
Side
Rear
Maximum
Agricultural
District
Setback
Setback
Setback
Height
Fences
(feet)
Buildings
(feet)
j (feet)
(feet)
(feet)
(feet)
A-1
50
25
50
22
0
—z
Swimming
pools'
_
0
—
AR
Parking lots
50
50
i 50
—
—
—
CRT4,
50 25
50
22'
0
- z
�
r
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' A maximum of one story is permitted.
z Agricultural buildings shall comply with all regular setback requirements for accessory
structures.
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 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-1 a 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.
ATTEST:
Tina Allard, City Clerk
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