The URL can be used to link to this page

Home My WebLink About4.D.1. Amendment to City Code Sec. 4.03 Regarding Fence Permits-Ord. No. 855 y �. �. �,� �� CITY OF SHAKOPEE � � �� Me�no�°andum CASE NO.: NA TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Proposed Amendment to Shakopee City Code Sec. 4.03. BUILDING PERMITS . regarding fence permits for fence repair MEETING DATE: May 1, 2012 REVIEW P�RIOD: Not Applicable INTRODUCTION: � Recently, staff encotmtered situations involving a property owner who wished to carry out repairs to existing fences, but which repairs would not change the height, location or materials of the fence. Staff found that the ordinance as currently written would require a fence permit,but has concluded that such requirement is not necessary. The City Attorney was contacted to discuss this issue, and has suggested the language proposed below to amend the ordinance, and thus eliminate the permit requirement in the case of fence repair only. VISIONING R�LATIONSHIP: This action is related to F. Housekeeping item. ACTION R�QU�STED: Offer a motion to Approve Ordinance No. 855, AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO SHAKOPEE CITY CODE SEC. 4.03. BUILDING PERMITS. Subd. 1. Fence Construction Requirements, and move its adoption. �� R. Michael Leek � Community Development Director H:\CC\2012\S-01-12\Fence Permit amendment.docx 1 ORDINANCE NO. 855 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO SHAKOPEE CITY CODE SEC. 4.03. BUILDING PERMITS. Subd. 1. Fence Construction Requirements THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 — City Code Section 4.03 is amended to read as follows: SEC. 4.03. BUILDING PERMITS. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems, water wells and onsite disposal systems therein, or remove or displace any soil, ground or earth preparatory to any action or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official. It is also unlawful for any firm, person or corporation to erect, enlarge, improve, construct, repair, replace or move a fence in all zoning districts of the City except agricultural within the carporate limits of the City without first obtaining a permit, with the exception of garden fences. Notwithstanding any provision of this Section and in addition thereto, it is unlawful for any person to remove or displace any soil, ground, gravel or earth without first obtaining a permit from the proper City officials. Subd. 1. Fence Construction Requirements. A. All fences, with the exception of garden fences shall require a fence permit. No permit is required for repair to, or replacement of, an existin� fence if the portion of the fence that is bein�paired or replaced is less than twent�percent of the fence's overall len�th and there is no change in the fence's hei�ht, material, or location. 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 (3) 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- 1/2) 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 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. H:\CC\2012\S-01-12\Fence Permit amendment.docx 2 C. All fences shall be constructed of materials that are not deemed hazardous by the Building Official; 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 ar easily maintained. D. Chain link fencing interwoven with slats, whether for screening purposes or for other applications, shall be prohibited. E. Fences six (6) feet and under 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. 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. G. All fences, with the exception of garden fences, shall not be located within a City easement or sight triangle except if permission is otherwise �ranted 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. H. Payment of a fence permit fee as set forth in the City's most recent fee ordinance is required before a permit is issued. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this day of , 2012. Mayor of the City of Shakopee Attest: , Julie Linnihan, City Clerk H:\CC\2012\S-01-12\Fence Permit amendment.docx 3