4.7 PCSR 08-22-2017Request for Action
ver
To
Item Number
Planning Commission
4.7
Agenda Section
Meeting Date
Prepared by
Public Hearing
August 22, 2017
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
City of Elk River — Ordinance Amendment
BrieAnnagmon, Planner
■ 0rdinanceAmendment relating to fence
Reviewed by
height, Case No. OA 17 -09
Action Requested
Recommend, by motion, approval of the proposed 0rdinanceAmendment.
Why is this amendment being proposed?
The ordinance currently limitsthe height of fencesend plantingsto 2' -6" within ten feet of thefront
property line. This was implemented to provide adequate visibly at street intersections. A few concerns
we hear from residents are as follows:
• 2' -6" is not a standard fence height (standard heights start at three feet)
• Limiting the fence height essentially removes 10 feet of usable property if they want to install
a privacy fence (typically six feet).
• A 2' -6" tall fence may not be able to contain large dogs to a yard.
What is the public benefit?
The ability for residents to better utilize their front yards in conjunction with fencing and to provide
adequate visibility at street intersections.
Background /Discussion
In order to maintain visibility at intersections, staff is recommending no
fencing or plantings (except turf grass) be allowed in a vision clearance
triangle. Staff is also recommending allowing any height fence, up to 6 feet
in residential, within ten feet of the front property line.
Vision clearance triangle means the area of a corner lot bounded by the right -
of -way lines and a line connecting the two points on the property lines 30
feet from the intersection of the property lines.
Proposed Ordinance
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30' -0"
(a) Fence restrictions. In any zone, on any lot, no fence or plantings (except turf grass) shall be
allowed in a vision clearance triangle.
(b) Height of fences in residentially Zoned districts. No fence on a lot in a residential zone, other than
retaining walls, shall be higher than six feet in height unless the adjoining lot is a non - residential
zone, in which case, the fence shall not exceed eight feet.
P0IYER10 8 Y
ATUR
(c) H dcjt cf fem in nax®dattially zoned cistrids No fence on a lot in a non - resident zone, other
than retaining walls, shall be higher than eight feet in height.
Financial I m pact
None
Council Meeting
If acted on, this item will go to the September 18, 2017, City Council meeting.
Attachments
• Proposed Language
• Existing Fence Regulations Exhibits
• Proposed Fence Regulations Exhibit
N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -09 Fence Height \4- Plaxnung Commission \OA 17 -09 sr PC 8-22 -
17.docx
Sec. 30-796. - Fences; visibility at intersections and driveNays.
(a) Fexeratrictia-&. I n any iat zone, on any lot, no fence or plantings (ex=t turf
graps) shall be allowed in a vision deerance triangle. er planting sh—Al rice eyar 214 feA in height
Fen Feer-t line.
(b) Ham# rf f€ in rR. No fence
side of on a lot in a residential zone, other thanes retaining walls, shall be higher than six
feet in height unless the adjoining lot is ~era non - residential zone, in which case, the fence
shall not exceed eight feet.
(c) Height of fences in non- residentiall Zoned districts. No fence on a lot in a non - resident Zone, other than
retaining walls, shall be higher than eight feet in height
(d) [Height requiring building permit..] In any zoning district, construction of a fence exceeding seven
feet in height requires a building permit.
(e) 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.
(4) Pooh .
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.
Page 1
d. Fencing shall beaminimum of four feet in height and all gates shall be equipped with
self - closing and self - latching devices plaDed at the top of the gate or otherwise
inaxessble 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 Te5tnp and MAerialst (ASTM), aas nucb citpindF& ma/ 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.
(Code 1982, � 900.20(6); Ord. No. 03 -10, � 1, 6 -16 -2003; Ord. No. 04 -15, § 1, 10 -18 -2004; Ord. No.
06 -09, § 1, 7 -17 -2006; Ord. No. 13-18,11-18-2013; Ord. No. 14 -08, 7 -21 -2014; Ord. No. 14 -11, § 1,
10 -20 -2014; Ord. No. 15 -31, � 1, 9 -21 -2015)
Page 2
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