V. 2. 2020-20 Residential Fence Standards Text Amendment
August 25, 2020 Planning Application 2020-20
Zoning Code Text Amendment Related to Residential Fence Standards
Proposed Action: Move to adopt Planning & Zoning Resolution 2020-06, recommending the
City Council approve an ordinance amending the City Code related to residential fence
standards.
Overview
This zoning code text amendment was initiated by staff to address challenges with administering
one of the most common residential permit requests – residential fences. Staff finds that the
City’s current residential fence standards are unnecessarily complex and result in struggles and
frustration for many permit applicants. These issues most commonly result from the City’s
fence height and opacity standards. The attached draft ordinance text revises these standards
and makes other “housekeeping” revisions to simplify and streamline Hopkins’ residential fence
standards while maintaining the original spirit and intent of these regulations to guard against the
potential for residential fences to create a more dense, closed off and isolated community
character. Should the City approve the recommended changes, they would:
• Allow fences up to 6’ in height alongside yard property lines up to the front of the
principal building (house).
• Allow fences 4’ or less in height to be 100 percent opaque.
• Make other minor “housekeeping” revisions.
Primary Issues to Consider
● Background
● Zoning Code Text Amendment
● Potential Non-Conformity Issues
● Alternatives
Supporting Documents
● Planning & Zoning Resolution 2020-06
● Public Comments
● City Code Part III, Chapter 102, Section 102-13 (original)
● City Code Part III, Chapter 102, Section 102-13 (revised)
_____________________
Jason Lindahl, City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Planning Application 20202-20
Page 2
Background
The City’s fence regulations are detailed in City Code Part III, Chapter 102, Section 102-13. For
your reference, staff has attached both an original and revised copy. While this section includes
standards for fences throughout the City, the recommended changes are specifically targeted at
fences in residential areas. The current text uses technical language that is difficult to follow. In
addition, the height and opacity standards are often in conflict with the needs of individual
property owners. The current regulations set the maximum height for a residential fence at four
(4) feet except for the area between the back of the principal structure (house) and the rear
property line where a fence can be up to 6’ feet high.
The current regulations results in three primary challenges for homeowners. First, residents
often comment that they would like a 6’ fence between the side of their home and the
neighboring property for additional privacy. Residential side yard setbacks can be as little as 5’
resulting in no more than 10’ between neighboring dwellings. Second, many homes in Hopkins
have doors along the side of the house that provide access to the rear yard and detached garage.
It is common for residents to want the 6’ high fence to extend beyond the back of the house to
the side door for security and ease of access. Finally, a fence height standards based on the
back of the home is inherently problematic because this location is the most likely to change as a
result of improvements or additions to the home. Any addition to the back of the home could
have the unintended consequence of making an existing fence non-conforming.
Public Comments. Due to the ongoing coronavirus pandemic and the related statewide
emergency declaration, notice of the public hearing for this item directed all interested parties to
make their comments to City Planner Jason Lindahl by mail, phone or e-mail before noon on
Tuesday, August 25, 2020. Staff will provided an update on all public comments received prior
to the Planning & Zoning Commission Meeting during the public hearing.
As of the writing of this report, the City had received two comments supporting the proposed
text amendment (attached). The first came through an anonymous submission to the 2040
comprehensive plan page on the City’s website. This person supports the proposed change to
the opacity standard citing the need for additional privacy. The second comment submission
came from David Almquist of 201 Holly Road. Mr. Almquist is a recent fence permit applicant
and states he supports the proposed changes because many fence products commonly available
today are pre-made and don’t meet the 25 percent openness standard. He goes on to state
having a 4’ solid fence would have more openness than a 6’ fence that meets the 25 percent
openness standard. While these are only two comments, staff would add that they are generally
representative of the feedback received regarding the existing residential fence standards.
Zoning Code Text Amendment
Zoning Code amendments are legislative actions in that the City is creating new standards to
regulate the development of certain types of uses and/or structures. Under the law, cities have
wide flexibility to create standards that will ensure the type of development they desire. However,
zoning regulations must be reasonable and supported by a rational basis relating to promoting the
public health, safety and welfare. Based on the findings made below, staff recommends approval
of this request.
Consistency with the Comprehensive Plan. The proposed zoning code text amendment is
consistent with both the 2030 Comprehensive Plan and Draft 2040 Comprehensive Plan.
Planning Application 20202-20
Page 3
2030 Comprehensive Plan. Chapter 4 of the 2030 Comprehensive Plan – Land Use and
Development details the rationale behind the City’s land use plan. This narrative supports the
preservation and protection of the City’s existing residential neighborhoods. Staff believes the
proposed zoning changes to the City’s residential fence standards will help preserve and protect
the City’s existing residential neighborhoods by encouraging investment. In order to facilitate
this residential land use pattern, Hopkins will:
• Work to protect the integrity and long-term viability of its low-density residential
neighborhoods and strive to reduce the potential negative effects of nearby commercial or
industrial land through zoning, site plan reviews, and code enforcement.
• Work to assure strong and well-maintained neighborhoods.
Draft 2040 Comprehensive Plan – Cultivate Hopkins. As the City moves toward adoption of
the 2040 Land Use Plan, staff believes it is also important to weigh the goals and policies of this
draft plan when considering land use applications. However, it is important to keep in mind the
2040 Plan has yet to be officially approved by the Metropolitan Council or adopted by the City.
Still, this draft plan can offer valuable guidance when considering current land use applications.
The Draft 2040 Plan contains goals and policies that support approval of this application. Staff
finds the proposed zoning text amendment is consistent with the following goals and policies.
Built Environment – Land Use & Design
• Goal 4 - Support and strengthen the city’s residential areas with reinvestment and
appropriate infill. The supporting policy for this goal states the City should “preserve and
enhance the community’s detached single family housing stock, especially in the Estate
Neighborhood and Suburban Neighborhood future land use categories.”
• Goal 5 - Reinforce Hopkins’ unique identity and sense of community through high quality
urban design. This goal is supported by a policy to “Reinforce the distinctive characteristics
of Downtown and existing neighborhoods by encouraging developments that are compatible
in design and supportive within their context.”
• Goal 6 - Create appropriate transitions between areas of the city where there are potential
incompatibilities in land use or scale. This goal is supported by the policy to “Use urban
design elements, building massing, land use strategies, and public realm improvements to
provide appropriate transitions between developments – particularly those of different scale
and intensity.”
Compatibility with Present and Future Land Uses. Based on the analysis above, staff finds
the proposed zoning changes to the City’s residential fence standards compatible with present and
future land uses. The proposed changes would provide both existing and future residential
properties additional privacy and security while maintaining the City’s goal that fences do not
create a more dense and isolated development pattern.
Conformance with New Standards. This section considers how the proposed zoning changes
will fit in with the rest of the zoning regulations and the existing development pattern. In this
case, staff believes the proposed changes will fit well with both of these measures. Generally,
fences are a common tool to enhance privacy and security for individual property owners. Because
of Hopkins’ relatively dense residential development pattern, the City has taken the additional step
Planning Application 20202-20
Page 4
to consider how the height and opacity of residential fences could impact the residential
development pattern and overall character of the community. To be sure, higher and more opaque
fences could create a denser and closed-off development pattern. However, staff believes the
proposed changes offer a reasonable compromise between the City’s land use and community
character goals and the privacy and security needs of individual residential property owners.
Potential Non-Conformity Issues
According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a
statutory right to continue through repair, replacement, restoration, maintenance, or improvement
but not through expansion. These rights run with the land and are not limited to a particular
landowner. If the benefited property is sold, the new owner will have the same rights as the
previous owner. So any non-conformities resulting from these changes would be allowed to
continue in their present form as long as it does not expand or is discontinued for a period of
more than one year. Regardless, staff believes there should be few non-conformities that result
from the proposed residential fence revisions because they tend to offer a greater range of options
to individual property owners rather than less.
Alternatives
1. Recommend approval of the zoning code text amendment for residential fences. By
recommending approval, the City Council will consider a recommendation of approval.
2. Recommend denial of the zoning code text amendment for residential fences. By
recommending denial, the City Council will consider a recommendation of denial. Should
the Planning & Zoning Commission consider this option, it must also identify specific
options that support this alternative.
3. Continue for further information. If the Planning & Zoning Commission concludes that
further information is needed, the items should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-06
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE
AMENDING THE CITY CODE RELATED TO RESIDENTIAL FENCE STANDARDS.
WHEREAS, the City of Hopkins initiated an application to amend the City Code related to
residential fence standards; and
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend the City Code related to residential fence standards was
initiated by the City of Hopkins on July 24, 2020; and
2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing to review such application on August 25, 2020 and all persons present were
given an opportunity to be heard; and
3. That written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council of the City of Hopkins approve an ordinance
amending the City Code related to residential fence standards based on the findings of fact detailed in
the staff report dated August 25, 2020.
Adopted this 25th day of August 2020.
_________________________
Gerard Balan, Chair
From:noreply@civicplus.com
To:Jason Lindahl; Courtney Pearsall
Subject:[EXTERNAL] Online Form Submittal: Draft Comprehensive Plan Feedback Form
Date:Tuesday, August 4, 2020 10:19:59 AM
Draft Comprehensive Plan Feedback Form
Draft Comprehensive Plan Feedback Form
Please provide any
feedback on the
Cultivate Hopkins draft
comprehensive plan
1) Fencing Guidelines. The 25% open Rule is outdated and
should be removed.
The reason I was given by Nancy Anderson (retired?) was the
City needed Visual Access to All properties for potential Code
violations. But this has restricted my ability to have ANY privacy
and security on my property.
Which of the 4
Environments should
Hopkins make its top
priority when
implanting the
comprehensive plan?
Built Environment – Land use and development, multimodal
transportation, and housing and neighborhoods.
Feedback from the
comprehensive plan
public engagement
process identified 8
implementation focus
areas. Select what you
believe should be the
THREE highest
priorities for the City
when implementing the
comprehensive plan.
Accessible & Connected Community – Develop and maintain
networks that facilitate safe connections for walking, biking and
transit., Race & Equity – Proactively identify and address racial
disparities in the community and promote equity for all. , Livable
Communities – Support a community that provides a high quality
of life and access to daily needs.
Rank your three most important implementation focus areas from the question
above, where 1 is the highest priority.
1. Highest priority Remove Fencing Guidelines. The 25% open Rule.
2. Second highest
priority
Field not completed.
3. Third highest priority Field not completed.
Email not displaying correctly? View it in your browser.
From:David Almquist
To:Jason Lindahl
Subject:[EXTERNAL] Hopkins Fence Restrictions
Date:Friday, July 17, 2020 6:52:17 AM
Jason,
Thanks for the call yesterday in talking through the Hopkins fence restrictions and the
possibility of changing the codes.
I am highly in favor of changing the code that allows for a fence 4' or less being solid all the
way through. Many fences today come manufactured and you can't make any changes to them
ie the manufacturer doesn't provide a lattice top option. Also and in my instance and under
today's code, I would essentially need to make my fence higher to gain 25% visibility which
when left at 4' with no add on would actually have more than 25% visibility and will be more
aesthetically pleasing.
I hope this can be helpful in making a permanent change in the code for the city of Hopkins.
Thanks again
Dave Almquist
201 Holly Rd
Hopkins MN 55343
Sec. 102-13. - Fences.
(a) Permit required before work may commence. No person may construct, or cause to be constructed
or erected within the city, any fence without first making application for and securing a permit therefor
from the zoning administrator.
(b) Location. Boundary line fences shall be located entirely upon the private property of the person
constructing or causing the construction of such fence unless the owner of the property adjoining
agrees, in writing, that such fence may be erected on the division line of the respective properties.
The zoning administrator may require the owner of the property upon which a fence now exists, or
may require any applicant for a fence permit to cause to establish the boundary lines of his property
by a survey thereof to be made by any registered land surveyor.
(c) Construction and maintenance. A fence shall be constructed in a substantial, workmanlike manner
and of substantial material reasonably suitable for the purpose for which the fence is proposed to be
used. The fence shall be maintained in a condition of reasonable repair and shall not be allowed to
become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.
Link fences, wherever permitted, shall be constructed in such manner the barbed end is at the
bottom of the fence and the knuckle end is at the top thereof.
(d) Nuisances. Any fence which is, or has become dangerous to the public safety, health or welfare, is
a public nuisance. The zoning administrator may commence proper proceedings for the abatement
thereof.
(e) Barbed wire or electric fence. Barbed wire fences are permitted only in Industrial Districts as
provided by this code. Electric boundary fences are not permitted within the city.
(f) Residential District fences. All fences in Residential Districts shall be constructed in such manner
that at least 25 percent of the plane between the ground and the top of the fence is open, and in
calculating such percentage, distances of 50 feet may be averaged beginning at the permitted point
opposite the principal building. All boundary line fences in Residential Districts shall be erected or
maintained to measure no more than four feet in height except that:
(1) Fences on any corner lot erected within 30 feet of the intersecting curb line are subject to
section 102-12;
(2) Fences on side property lines shall not be more than six feet in height for the distance
commencing from a point on such side property line located at the rear lot line and proceeding
thence along such side property line to a point therein which would be intersected by the rear
wall line of the then existing principal building on that lot on either side of such fence, which
building line intersecting such fence line is closest to the rear lot line from which such fence
commences provided that if such principal building is located more than 50 feet away from such
fence line and is owned by someone other than the fence owner or erector, then such six-foot
side yard fence may be constructed to a point of such side yard which would be intersected by
the rear wall of the principal building on the lot thus fenced;
(3) Fences along any rear property line, which is also the rear property line of an abutting lot shall
not exceed six feet in height;
(4) Fences along a rear property line which line constitutes the side lot line of an abutting lot may
not exceed six feet in height for a distance calculated as in subsection (f)(2) of this section and
may not exceed four feet in height thereafter;
(5) Fences on side street lot lines shall not be more than six feet in height for the distance
commencing from a point on such side street lot line located at the rear lot line and proceeding
thence along such side lot line to a point thereon which is 40 feet distant from the front lot line,
but in no case shall the fence extend forward of the front line of the house;
(6) Property line fences abutting R Districts shall conform to those conditions applying to the R
Districts.
(7) Fences enclosing swimming pools must have a minimum height of four feet and shall not
exceed six feet subject to the provisions of this section.
(8) The side of residentially zoned properties abutting a state or county road may have an opaque
fence.
(9) The side of the fence facing the public right-of-way shall not contain the structure and/or
support of the fence.
(g) Business District fences. Property line fences in a B District shall not exceed six feet in height. The
council may grant a conditional use permit for a fence up to eight feet in height, provided:
(1) That applicant has an approved open sales lot;
(2) Open sales lot classified as a non-conforming use;
(3) Has a commercial or industrial operation which requires the storage of equipment outside the
building;
(4) The premises or use may be dangerous to the public;
(5) The use is an attractive nuisance and the applicant can show that for security reasons a fence
of six feet will not be adequate.
(h) Industrial District fences. Property line fences in an I District shall not exceed eight feet in height
except that:
(1) Fences in Industrial Districts which are primarily erected as a security measure may have arms
projecting into the applicant's property on which barbed wire can be fastened commencing at a
point at least seven feet above the ground; and
(2) A fence located in the front yard of premises in an Industrial District abutting a right-of-way
containing 50 feet or more in width shall conform to setback requirements for buildings in said
district. Said area consisting of the setback shall be landscaped in accordance with a plan
approved by the city. Ornamental fences utilized for landscaping purposes are excluded from
the provisions of this chapter.
(i) Special purpose fences. Fences for special purposes and fences differing in construction, height or
length may be permitted in any district in the city by the issuance of a conditional use permit and by
the council upon proof and reasons submitted by the applicant and upon the signing by said bodies
that such special purpose is necessary to protect, buffer or improve the premises for which such
fence is intended. The special fence permit, if issued, may stipulate and provide for the height,
location, construction and type of special fence thereby permitted.
(j) Institutional District fences. In an Institutional District no boundary line fence shall be erected or
maintained more than four feet in height except that, fences along any property line that abuts a
parking lot may exceed four feet but shall not exceed six feet in height.
(Code 1986, § 520.13; Ord. No. 613; Ord. No. 87-601; Ord. No. 88-613; Ord. No. 95-777, 1-3-
1996; Ord. No. 97-797, 4-15-1997; Ord. No. 2000-833; Ord. No. 13-1064)
Sec. 102-13. - Fences.
(a) Permit required before work may commence. No person may construct, or cause to be constructed
or erected within the city, any fence without first making application for and securing a permit therefor
from the zoning administrator.
(b) Location. Boundary line fences shall be located entirely upon the private property of the person
constructing or causing the construction of such fence unless the owner of the property adjoining
agrees, in writing, that such fence may be erected on the division line of the respective properties.
The zoning administrator may require the owner of the property upon which a fence now currently
exists, or may require any applicant for a fence permit to cause to establish the boundary lines of his
their property by a survey thereof to be made by any registered land surveyor. any applicant for a
fence permit or any property owner with an existing fence to establish the boundary lines of their
property by means of a property survey produced by a registered land surveyor.
(c) Materials and Construction and maintenance. A fence shall be constructed in a substantial,
workmanlike manner and of substantial material widely accepted in the fencing industry and
reasonably suitable for the purpose for which the fence is proposed to be used intended. No plywood
boards, canvas, plastic sheeting, metal sheeting or similar materials shall be used for any fence
construction. Link fences shall be constructed in a manner that no barbed ends shall be at the top.
The side of any fence considered to be its "face" (i.e., the finished side having no structural supports)
shall face the abutting property or street right of way. The finished side of all fences (i.e., the side of
the fence without posts or visual structural support elements) must face outward, toward the abutting
lot or right-of-way. Barbed wire fences are permitted only in Industrial Districts as provided by this
code. Electric boundary fences are not permitted within the city.
Maintainance. The fence shall be maintained in a condition of reasonable repair and shall not be
allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public
or private. Link fences, wherever permitted, shall be constructed in such manner the barbed end is at
the bottom of the fence and the knuckle end is at the top thereof.
(d) Nuisances. Any fence which is, or has become dangerous to the public safety, health or welfare, is
a public nuisance. The zoning administrator may commence proper proceedings for the abatement
thereof.
(e) Barbed wire or electric fence. Barbed wire fences are permitted only in Industrial Districts as
provided by this code. Electric boundary fences are not permitted within the city. Easements: All
fences located in recorded easements are done so at the sole risk of the property owner; and the
cost of any removal, relocation, or placement of said structures caused by any activity permitted in
said easements is the sole responsibility of the property owner.
Temporary Or Seasonal Fences: Temporary or seasonal fences (such as snow fences, erosion
control fences, fences to protect newly seeded areas and the like) are allowed without a permit
provided: a) no such fence may be left in place for more than six (6) months without written city
approval; b) any such fence must be removed within fifteen (15) days of the city providing written
notice to the landowner that the city has determined the fence no longer serves its originally
intended, temporary or seasonal purpose.
(f) Residential District fences. All fences in Residential Districts shall be constructed in such manner
that at least 25 percent of the plane between the ground and the top of the fence is open, and in
calculating such percentage, distances of 50 feet may be averaged beginning at the permitted point
opposite the principal building. All boundary line fences in Residential Districts shall be erected or
maintained to measure no more than four feet in height except that:
(1) Fences on any corner lot erected within 30 feet of the intersecting curb line are subject to
section 102-12;
(2) Fences on side property lines shall not be more than six feet in height for the distance
commencing from a point on such side property line located at the rear lot line and proceeding
thence along such side property line to a point therein which would be intersected by the rear
wall line of the then existing principal building on that lot on either side of such fence, which
building line intersecting such fence line is closest to the rear lot line from which such fence
commences provided that if such principal building is located more than 50 feet away from such
fence line and is owned by someone other than the fence owner or erector, then such six-foot
side yard fence may be constructed to a point of such side yard which would be intersected by
the rear wall of the principal building on the lot thus fenced;
(3) Fences along any rear property line, which is also the rear property line of an abutting lot shall
not exceed six feet in height;
(4) Fences along a rear property line which line constitutes the side lot line of an abutting lot may
not exceed six feet in height for a distance calculated as in subsection (f)(2) of this section and
may not exceed four feet in height thereafter;
(5) Fences on side street lot lines shall not be more than six feet in height for the distance
commencing from a point on such side street lot line located at the rear lot line and proceeding
thence along such side lot line to a point thereon which is 40 feet distant from the front lot line,
but in no case shall the fence extend forward of the front line of the house;
(6) Property line fences abutting R Districts shall conform to those conditions applying to the R
Districts.
(7) Fences enclosing swimming pools must have a minimum height of four feet and shall not
exceed six feet subject to the provisions of this section.
(8) The side of residentially zoned properties abutting a state or county road may have an opaque
fence.
(9) The side of the fence facing the public right-of-way shall not contain the structure and/or
support of the fence.
Height. The maximum allowed fence height depends on its location in relationship to the front of
the existing principal structure (house) excluding porches or entry features. Fences located between
the front of the principal structure and the front property line shall not exceed four (4) feet in height,
subject to section 102-12 (Traffic Visibility). Fences located between the front of the principal
structure and the rear property line shall not exceed six (6) feet in height. Fences enclosing
swimming pools shall have a minimum height of four (4) feet.
Opacity. Fences up to four (4) feet in height may be 100 percent opaque. Fences greater than four
(4) feet in height shall not exceed 75 percent opacity leaving at least 25 percent of the fence open.
Any fence along the side of a residentially zoned property abutting a state or county road may be 100
percent opaque. The opacity of a fence shall be determined by calculating the average openness
from the top to the bottom of the fence structure over a distance of 50 feet.
(g) Business District fences. Property line fences in a B District shall not exceed six feet in height. The
council may grant a conditional use permit for a fence up to eight feet in height, provided:
(1) That applicant has an approved open sales lot;
(2) Open sales lot classified as a non-conforming use;
(3) Has a commercial or industrial operation which requires the storage of equipment outside the
building;
(4) The premises or use may be dangerous to the public;
(5) The use is an attractive nuisance and the applicant can show that for security reasons a fence
of six feet will not be adequate.
(h) Industrial District fences. Property line fences in an I District shall not exceed eight feet in height
except that:
(1) Fences in Industrial Districts which are primarily erected as a security measure may have arms
projecting into the applicant's property on which barbed wire can be fastened commencing at a
point at least seven feet above the ground; and
(2) A fence located in the front yard of premises in an Industrial District abutting a right-of-way
containing 50 feet or more in width shall conform to setback requirements for buildings in said
district. Said area consisting of the setback shall be landscaped in accordance with a plan
approved by the city. Ornamental fences utilized for landscaping purposes are excluded from
the provisions of this chapter.
(i) Special purpose fences. Fences for special purposes and fences differing in construction, height or
length may be permitted in any district in the city by the issuance of a conditional use permit and by
the council upon proof and reasons submitted by the applicant and upon the signing by said bodies
that such special purpose is necessary to protect, buffer or improve the premises for which such
fence is intended. The special fence permit, if issued, may stipulate and provide for the height,
location, construction and type of special fence thereby permitted.
(j) Institutional District fences. In an Institutional District no boundary line fence shall be erected or
maintained more than four feet in height except that, fences along any property line that abuts a
parking lot may exceed four feet but shall not exceed six feet in height.
(Code 1986, § 520.13; Ord. No. 613; Ord. No. 87-601; Ord. No. 88-613; Ord. No. 95-777, 1-3-
1996; Ord. No. 97-797, 4-15-1997; Ord. No. 2000-833; Ord. No. 13-1064)