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HomeMy WebLinkAbout12.C. Amendment to City Code Chapter 4 Regarding Fence Regulations CITY OF SHAKOPEE / ;{~ C, Memorandum CASE NO.: TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Chapter 4 regarding fence regulations MEETING DATE: November 7,2007 REVIEW PERIOD: NA INTRODUCTION: The Planning Commission directed staff to bring forward an amendment to the City's fence regulations regarding height. After reviewing the proposed amendments, on October 18, 2007 the Commission recommended approval to the City Council. Council is asked to consider adoption of the proposed text amendments. AL TERNA TIVES: 1. Offer and approve ORDINANCE NO. 786, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING REVISIONS TO CITY CODE CHAPTER 4 REGARDING FENCE HEIGHT as presented. 2. Offer and approve ORDINANCE NO. 786, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING REVISIONS TO CITY CODE CHAPTER 4 REGARDING FENCE HEIGHT with revisions. 3. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION: On October 18, 2007 the Planning Commission unanimously recommended approval. ACTION REQUESTED: Offer and approve ORDINANCE NO. 786, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING REVISIONS TO CITY CODE CHAPTER 4 REGARDING FENCE HEIGHT as presented. 4-L~1~-L R. Michael Leek Community Development Director H:\CC\2007\11-07\txt fence.doc 1 ORDINANCE NO. 786, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING REVISIONS TO CITY CODE CHAPTER 4 REGARDING FENCE HEIGHT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA DOES HEREBY ORDAIN: Section 1. City Code Chapter 4, Section 4.03, BUILDING PERMITS, Subd. 1, is hereby amended as set forth below, with new language underlined and deleted language struck out; Subd. 1. Fence Construction Requirements. A. All fences, with the exception of garden fences shall require a fence permit. For purposes of this Section, a "fence" shall be defined as any permanent partition, structure or gate erected as a dividing marker, barrier or enclosure encircling either wholly or any portion of any area. A "garden fence" shall be defined as a fence that is no more than three feet in height, that may be easily removed and that is used to protect gardens from animals. Residential fences greater than ~ six and one-half (6 Y2) feet in height. or commercial and industrial fences greater than eight (8) feet in height shall also require a conditional use permit (CUP). B. All fences erected in the City may be constructed adjacent to the property lines....provided that they do not encraach inta any easement area held by the City, any canservatian easement area held by the City ar any sight triangle as defined by the City Code, except if permissian is atherwise granted ar allowed by the City as part af the permitting process pursuant ta Section 7.18 af the City Cade. If a fence an the rear property line abuts a public alley there must be a three (3) faot setback. C. All fences shall be canstructed af materials that are nat deemed hazardous by the Building Official; ftftd af materials that are cansistent with building materials standards set forth in Chapter 11 of this CadeT with the finished side of the materials facing adiacent properties ar the public rights-af-way: and af materials that are law maintenance ar easily maintained.ef aft in appeManee nat deemed detrimeatal ta the praperty ',ah:les ef the Mea by the City Planner. Section 2. Effective Date of Ordinance. This ardinance becames effective fram and after its passage and publication. Adapted in regular session af the City Council of the City of Shakopee, Minnesota, held this _ day of , 2007. Mayor of the City of Shakopee ATTEST: City Clerk H:\CC\2007\11-07\txt fence.doc 2