2020-1158 Ordinance Amending City Code Part III, Chapter 102, Section 102-13 Regarding Regarding Residential Fences CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2020-1158
ORDINANCE AMENDING CITY CODE PART III, CHAPTER 102, SECTION 102-13
REGARDING RESIDENTIAL FENCES
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPHINS
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Hopkins City Code, Part III, Chapter 102, Article I, Section 102-13 is hereby
amended by adding the underlined language and deleting the st�e�language as follows:
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
administratar.
(b) Location. Boundary line fences shall be located entirely upon the private properiy of the person constructing
or causing the construction of such fence ��'��� ''^� ^ ^F''�� ~ ~��. �a:�:�;~^ ^ ~~*;~^ ''��'
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,,.w �.,,.e ,.. . �.o o e,..va ,.., «we a;,,:�;,,., i:.,o „�.we �e o,..:,.o �o..o...;o�. The zoning administrator may
require ,
e,.;�«e..va ,,,,,a �„�.e..,,.. ���licant for a fence permit or anv propertv owner with an existing fence to
establish the boundarv lines of their propertv bv means of a propertv survev produced by a re�istered land
surveyor.
(c) Materials and Construction . A fence shall be constructed in a substantial, workmanlike
manner a� of substantial material widely accepted in the fencinQ industrv and reasonably suitable for the
purpose for which the fence is �e�esed--le-��se� intended. No plvwood boards, canvas, plastic sheetin�
metal sheeting or similar materials shall be used for anv fence construction. Link fences shall be constxucted 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 struchual supportsl shall face the abuttin�propertv or street right of wav. 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 boundarv fences are not pernutted within the citv.
Maintenance. 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) .
a �� * • �-� a�-�. �^^�� � � �� --�---�:�•�-' •�^*'�;^ +w� ^�+��. Easements: All fences located in recorded
easements are done so at the sole risk of the propertv owner; and the cost of anv removal, relocation, or
placement of said structures caused bv anv activitypernutted in said easements is the sole resnonsibilitv of the
propertv owner.
Temporarv Or Seasonal Fences• Temporarv or seasonal fences (such as snow fences erosion control fences,
fences to protect newlv seeded areas and the like)are allowed without a pernut provided: a)no such fence mav
be left in place for more than six(6)months without written cit�pproval;b)anv such fence must be removed
within fifteen(15) davs of the cit� rop vidinQ written notice to the landowner that the citv has determined the
fence no lonser serves its orieinallv intended,temporarv or seasonal purpose.
(fl Residential District fences.
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(1) Hei�ht. The maximum allowed fence height depends on its location in relationship to the front of
the existina princinal structure (house excludin�porches or entrv features. Fences located between the
front of the nrincipal structure and the front properiv line shall not exceed four(4)feet in hei ng t subject to
section 102-12 (Traffic Visibilitv). Fences located between the front of the princinal structure and the rear
pronertv line shall not exceed six (6) feet in hei�ht. Fences enclosing swimmin�pools shall have a
minimum heipht of four(4 feet.
(2) Opacitv Fences up to four(4) feet in hei ht�mav be 100 nercent onaaue Fences greater than four(4, feet
in height shall not exceed 75 percent onacitv leaving at least 25 nercent of the fence open Anv fence along
the side of a residentiallv zoned nropertv abutting a state or countv road mav be 100 percent opaque The
opacitv of a fence shall be determined by calculating the avera�openness from the ton 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 pernut 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 properiy 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) ,
SECTION 2. The effective date of this ordinance shall be the date of publication.
First Reading: September 1, 2020
Second Reading: September 15, 2020
Date of Publication: September 24, 2020
Date Ordinance Takes Effect: September 24, 2020
By.
son Gadd, ayor
ATTEST:
Y /
Am o eier, City Clerk