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HomeMy WebLinkAbout5.A.2. Amendment to City Code Chapter 4 Regarding Fence Regulations-Ord. No. 820 CITY OF SHAKOPEE S. P, .:1-. Memorandum TO: Mayor and City Council COf~~..t~)Rr "~Lm~d . Mark McNeill, City Administrator FROM: Jamie Polley, Director of Parks, Recreation & Natural Resources SUBJECT: Amendment to City Code Chapter 4 regarding fence regulations MEETING DATE: May 5, 2009 INTRODUCTION: Presently, the City Code states in Section 4.03, Subd. 1. Fences in excess of the above heights shall require a conditional use permit (CUP). The maximum height allowed without a CUP is currently six (6) feet. On April 7, 2009 the City Council approved funding for the installation of fencing and netting along 1 ih A venue at the 1 ih Avenue Sports Complex. The netting to be installed exceeds the six (6) feet fence height and therefore requires a CUP per the current ordinance. Within the past few years the City has updated or completed a number of City owned recreational facilities which included the installation of fencing exceeding six (6) feet such as ball diamond backstops and ball diamond safety fencing. The work was completed utilizing City staff and therefore a CUP was not completed. Due to the number of anticipated future City owned recreation facilities that could fall within the requirements of a CUP, staff is recommending amending the ordinance to exempt City recreation facilities from the CUP requirement. Staff has prepared a draft ordinance that incorporates language that would exempt City recreation facilities from the CUP completion requirement. In addition, staffis recommending that items one (1) through four (4) become items E through H. As items one (1) through (4) it is indicated that they pertain to only chain linked fencing however each of the items pertain to all fencing and should therefore become items E through H. ALTERNATIVES: 1. Offer and approve ORDINANCE NO. 820, 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. 820, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING REVISIONS TO CITY CODE CHAPTER 4 REGARDING FENCE HEIGHT, with revisions. CITY VISION: C. Great place for kids to grow up ACTION REQUESTED: Offer and approve ORDINANCE NO. 820, AN ORDINANCE OF THE CITY OF SHAKO PEE, MINNESOTA, ADOPTING REVISIONS TO CITY CODE CHAPTER 4 REGARDING FENCE HEIGHT, as presented. ~(v ~ Q~ J ie Polley 0 Director of Parks, Recreation & Natural Resources 1 ORDINANCE NO. 820, 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 (6) six and one-half (612) feet in height, or commercial and industrial fences greater than eight (8) feet i,n 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 encroach into any easement area held by the City, any conservation easement area held by the City or any sight triangle as defined by the City Code, except if permission is otherwise granted or allowed by the City as part of the permitting process pursuant to Section 7; 18 of the City Code. If a fence on the rear property line abuts a public alley there must be a three (3) foot setback. C. All fences shall be constructed of materials that are not deemed hazardous by the Building Official; and of materials that are consistent with building materials standards set forth in Chapter 11 of this Code, with the finished side of the materials facing adjacent properties or the public rights-of-way; and of materials that are low maintenance or easily maintained. D. Chain link fencing interwoven with slats, whether for screening purposes or for other applications, shall be prohibited. I E.-h Fences six (6) feet and unqer shall be permitted anywhere on the lot except in the front yard setback or within any City easement areas or sight triangles except if permission is otherwise granted or allowed by the "City as part of the permitting process. In the case of a double frontage lot, fences six (6) feet in height and under shall be permitted within the setback on a street frontage from which access is not obtained. Fences up to three (3) feet in height shall be allowed in the front yard setback, so long as they are not within any City easement areas or sight triangles, I F.~ Fences in excess of the abOve heights shall require a conditional use permit. City owned recreation facilities shall be exempt from the conditional use permit requirement. 2 / I G.J. All fences, with the exception of garden fences, shall not be located within a City easement or sight triangle except if permission is otherwise granted or allowed by the City as part of the permitting process. Garden fences may be located within a City easement area, but shall not obstruct drainage or impede the flow of surface water from or in the easement area. If a garden fence is located within an easement area, City staff may require it to be removed at the owner's expense at any time, I H.4. Payment of a fence permit fee, as set forth in the City's most recent fee ordinance, is required before a permit is issued. Section 2. Effective Date of Ordinance. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of ,2009. Mayor of the City of Shakopee ATTEST: City Clerk ! 3