5.6. PCSR 02-25-2020Request for Action
To Item Number
Planning Commission 5.6
Agenda Section Meeting Date Prepared by
Public Hearings February 25, 2020 Chris Leeseberg, Senior Planner
Item Description Reviewed by
City of Elk River - Ordinance Amendment to Zack Carlton, Planning Manager
Section 30-796 – Fences; visibility at intersections
Reviewed by
and driveways, Case No. CU 20-03
Action Requested
Recommend, by motion, approval of the ordinance amendment.
Background/Discussion
Public Works approached Planning staff to address the placement of fences directly behind/adjacent to
city sidewalks and trails. In many cases, the private property line follows the back of the sidewalk.
During the winter months, it becomes very difficult to remove snow from the sidewalks when a fence is
directly behind/adjacent to it. The proposed amendment will provide area for needed snow storage.
Staff proposes amending Section 30-796 as it relates to fence locations. The proposed language would
require any fencing, in any zone, to be on private property or set back 5 feet from the sidewalk/trail,
whichever is greater.
If a resident wanted to install a fence closer than 5 feet, they would need to apply for, and receive, a
variance.
Public Benefit
To efficiently remove snow and provide safe pedestrian passage on public sidewalks/trails and to protect
damage to fencing.
Financial Impact
None
Attachments
Proposed Amendment
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Strikethroughs to be removed
Underlines to be added
Ordinance 20 - ____
An Ordinance Amending Section 30-796, Fences; visibility at intersections and driveways, 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) Fence restrictions. In any zone, on any lot, no landscaping taller than 24 inches or any fencing
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.
(c) Height of fences in non-residentially 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 In any zone, on any lot, fencinge shall be located entirely upon the private
property of the person constructing or causing the construction of such fence and no
fence shall be closer than five (5) feet to a public sidewalk and/or trail, whichever is
greater. Fencing may be erected on the division line of respective properties unlesswhen
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 manager 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.
Strikethroughs to be removed
Underlines to be added
(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) 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 this ordinance shall take effect upon adoption and be published as provided by
law.
th
Passed and adopted by the City Council of the City of Elk River this 16 day of March, 2020.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk