HomeMy WebLinkAbout[08a] Ordinance 52.12 FencesCITY OF ST. JOSEPH
MEETING DATE: April 7, 2011
Council Agenda Item 8(a)
AGENDA ITEM: Planning Matters — Fence Ordinance
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission
recommended the provision for placing a fence on the property line stay as written.
PREVIOUS COUNCIL ACTION: At the March 3, 2011 City Council meeting the Council requested the
Planning Commission review the provision in the fence ordinance that allows a maintenance free fence
to be constructed on the property line without approval of the adjoining property owner.
BACKGROUND INFORMATION: The Planning Commission considered the request of the Council at the
March 7, 2011 Planning Commission and recommended that the provision remain as written.
BUDGET /FISCAL IMPACT:
ATTACHMENTS: Request for Council Action ............................... 8(a):1 -2
Extract of PC Minutes .......... ............................... 8(a):3 -4
Fence Ordinance .............. ............................... 8(a) :5 -8
REQUESTED COUNCIL ACTION: As this is a recommendation from the Planning Commission the
Council should either accept the recommendation or modify the language for a possible public hearing.
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Extract of Planning Commission — March 7, 2011
Fence Ordinance
Ordinance 52.12 Subd. 2 — Fences: Weyrens stated that the Council has requested the Planning
Commission discuss the provision in the Fence Ordinance as it relates to placement. The current
Ordinance allows a property owner to place a fence on the property line provided the entire fence is
located on the property for which the fence is constructed. It has recently brought to the attention of the
Council that this provision allows one property owner to "own" the property line prohibiting the adjoining
property owner to construct a fence on the line. The Council questioned if the Ordinance should require
that any fence on the property line include the signature from the adjoining property owner. The current
Ordinance requires a signature from the adjoining property owner if the fence is not maintenance free and
the fence must be set back two (2) feet.
Meyer made a motion to leave the Ordinance as written which allows a property owner to place a
maintenance free fence on the property line without consent of the adjoining property owner
provided that the entire fence is on their property. The motion was seconded by Deutz.
Discussion: Rieke questioned the types of fences that can be constructed as there seemed to be
some confusion about what materials can be used. Meyer questioned whether chain link fences
are acceptable in residential areas to which Weyrens stated that most permits are for chain link
fences.
The motion passed unanimously.
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8(a):4
ORDINANCE 52 - ZONING ORDINANCE
h) Detached garage sidewalls shall not exceed ten feet and the pitch shall be no
greater than that of the principal structure.
i) The roof slope shall be no granter than the steepest roof slope of the principal
structure, nor less than the average of the roof slopes of the principal structure.
Subd.2: Fencing.
a) Application. This Section shall apply to the construction and maintenance of all
walls or fences, to including living fences as defined herein, within the City.
These standards shall be applied in conjunction with other standards contained in
this Ordinance and be interpreted consistent therewith.
b) Purpose — Fencing Standards. This sub- section is designed to:
1. Regulate fence or wall location.
2. Protect property from a loss of use, enjoyment or value due to the
construction of aesthetically objectionable fences or walls on adjacent
Property
3. Assure that fences and walls are constructed on the property line or within
the property of the part who will maintain the wall or fence.
4. Assure consistency in the location of fences and walls constructed in
residential districts.
5. Require walls and fences be constructed of low-maintenance material.
6. Require walls or fences to be constructed of non -toxic materials.
c) Fence Permit Required. Prior to constructing or reconstructing a fence or wall
within the City, the person or entity owning the property on which the wall or
fence is to be constructed or reconstructed shall secure a fence permit from the
City. A permit fee may apply. Upon completion the application shall be referred
to the Building Inspector for review and the issuance of a permit upon a
determination that the proposal complies with this Ordinance. The fence or wall
shall be inspected by the Building' Inspector upon completion of construction or
reconstruction to assure compliance with this Section.
The permit application shall contain the following:
1. Legal description of the property on which the fence or wall is to be
constructed or reconstructed.
2. Sketch showing the location of the fence or wall on the property.
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ORDINANCE 52 — ZONING ORDINANCE
3. A description of the materials to be used in the construction of the fence or
wall.
4. A description or sketch of the design and dimensions of the fence or wall.
5. Compliance with the provisions of this section of Ordinance 52.
d) Fence Hei¢ht.
1. Fences and walls located within a residential area shall not exceed the
height of seven feet; except fences located between the front of the
residential structure and the adjacent roadway shall not exceed four feet.
2. Fences and wall located in a commercial area shall not exceed the height
of eight feet; except no fence located in the front yard, except those
provided to enhance the visual appearance of the site/landscaping
provided they do not exceed two feet in height are are of a reasonable
linear length.
3. Fences and wall in an industrial area shall not exceed eight feet unless a
higher fence or wall is approved as part of a special use permit allowing
the industrial use; except fences located between the front of the industrial
structure and the adjacent roadway shall not exceed four feet in height.
4. If two different zones abut, the zoning requirements of the property owner
constructing the fence shall apply.
Section 52.12 Subd 2d amended 10110
e) Fence Materials.
1. Fences constructed in residential zoning districts shall be constructed of wood
or chain link materials. All wood fences, other than those constructed out of
redwood or cedar, shall be stained or painted upon completion of construction
or reconstruction. Chain link fences shall be made out of a non-rust material.
2. Fences constructed in Commercial zoning districts shall be constructed of
material complementary to the principal structure. Chain link fencing shall be
prohibited in the front yards in all Commercial Zoning districts.
3. Barbed wire and electrical fences are strictly prohibited, except within the
agricultural district.
4. Use of creosote lumber is prohibited.
5. Decorative, landscape, retaining and/or privacy walls may be constructed
out of stone masonry or brick provided they are: not less than four inches
or more than 24 inches in width; set on a firm foundation which is not less
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ORDINANCE 52 — ZONING ORDINANCE
than 150% of the width of the wall at the base; and, resting on footing
located below the frost line.
6. Concrete decorative, landscape, retaining and/or privacy walls shall be
prohibited unless they are formed from decorative and/or colored concrete,
less than 24 inches in height and included as part of an overall landscape
theme which has been developed.
7. Other materials which are not specifically allowed by this Section, nor
specifically prohibited may be permitted subject to City Council review
and approval.
Section 52.12 Subd 2e amended 10/10
f) Livin Fences.' Living fences may be constructed out of trees or shrubs. Trees
and shrubs used as fencing are not restricted in height; except the height of the
living fence located to the front of a. residential structure shall not exceed four
feet. The owner of the property adjacent to a living fence may trim or prune that
part of the tree or shrub which extends across the property line over his/her
property.
g) General Standards — Fences.
1. Fences and walls shall be constructed at least two feet inside the property
line, unless the adjacent property owner consents in writing to the
construction and maintenance.of the fence or wall directly on the property
line, or if the fence or wall is constructed of maintenance -free materials in
accordance with Subdivision G3. of this Section.
2. That side of the any fence considered to be its evident finished side or face
(i.e. the finished side having no structural supports) shall front abutting
property. If the fence is located in a commercial or industrial district and
visible to the public from both sides, as determined by the City
Administrator /Clerk, it shall contain finished surfaces on both the interior
and exterior of the fence.
3. A fence or wall constructed of maintenance -free materials may be
constructed adjacent to the property line so long as all parts of the fence,
including post anchors, are located within the property of the owner and so
long as the bottom of the fence (exclusive of posts or anchors) is at least
two inches above the ground. For the purposes of this paragraph, the term
`maintenance -free materials' shall include stone, brick, stucco or chain
link which is finished with a rust resistant material.
4. No fence shall be constructed which is approximately parallel to an
existing fence and closer than two feet so as to create an area between the
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ORDINANCE 52 — ZONING ORDINANCE
fences which has limited accessibility for purposes of maintenance.
h) Maintenance of Fence.
1. All fences and walls located within the City shall be maintained in a safe
condition. The owner of the property on which a fence or wall is located
shall be responsible for the maintenance and repair of the fence.
2. No fence or wall may be maintained in a location which obstructs the
ability of a driver of a motor vehicle to see other drivers or pedestrians on
any street or alley.
i) Pre-existing Fences. This Section shall apply only to fences and walls
constructed or reconstructed after July 1, 1992. Any pre-existing fence that does
not conform with the provisions thereof shall not be altered, extended or
reconstructed except in conformance with this Section.
j) Emergency Access to Fenced Areas. An access opening for emergency entrance
shall be incorporated into any fenced areas within which a building is totally or
partially located. For residential use property the access opening shall be at least
four (4) feet in width. For commercial or industrial use property, the access
opening shall be at least fourteen (14) feet in width. A gate or unfenced area shall
qualify as an access opening if of sufficient width.
Subd. 3: Screemntr and Landscaping:
a) Required Screeging. In all commercial and industrial districts adjacent to
residential districts and not divided by streets there shall be provided along the
property line a fifteen (15) foot wide planting strip composed of grass, trees and
shrubs. A screening fence may be utilized when approved by the Planning
Commission. Such fence shall not exceed eight (8) feet in height nor be less than
six (6) feet in height.
b) Landscape/Vegetation Covering Required. In all zoning districts the lot area
remaining after providing for parking, driveways, loading, sidewalks or other
requirements shall be planted and maintained in grass, sodding, shrubs or other
acceptable vegetation or landscaping techniques.
c) Landscapin Planting in Easements. Plantings such as trees and bushes may be
placed in and utility easements at the risk of the property owner, provided they are
approved through the process identified in St. Joseph Ordinance No. 32, and they
do not change or interfere with the drainage. The city does not encourage
extensive plantings or landscaping in the easement area because of potential
drainage problems and the possibility of utility work in the easements. The city or
utility service providers shall not be required to replace plantings or landscaping
removed or damaged during work within the easement area.
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