CR 92-78 Ordinance Amendment - Industrial Fences
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. March 31, 1992 0 P K \ ~ Council Report.92-78
ORDINANCE AMENDMENT - INDUSTRIAL FENCES
Proposed Action.
Staff recommends the following motion: Move to aoorove
Ordinance 92-706 for second reading to require a setback for
fences in the industrial districts abutting a right-of-way
and order the Ordinance oublished.
Mr. winship moved and Ms. Reuter seconded the motion to
approve Resol~tion RZ92-4 recommending approval of Ordinance
92-706 to require a setback for fences in the industrial
districts. The motion carried unanimously
Overview.
At the December 3rd City Council meeting, the Council asked
if the fence requirements for industrial districts could be
reviewed. The Council's concern was that buildings are
required to have a setback, but fences do not have a
setback. It appeared the front yard was the specific area
of concern.
The attached ordinance will require fences in the industrial
district that abut a right-of-way of 50 feet or more to have
the minimum setback as required by a building.
Staff reviewed the proposed ordinance. There was little
discussion on this item. Mr. Pavelka opened the public
hearing at 9:30. Being there was no one to speak on this
issue the public hearing was closed at 9:31.
Primary Issues to Consider.
o What setback will a fence be required to have in
the industrial districts?
o will the existing fences be affected?
o Do other cities allow fences in the front yard
setback?
o What is the impact of the new Ordinance?
Supporting Documents.
o Analysis of Issues
o Ordinance 92-706
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Primary Issues to Consider.
o What setback will a fence be required to have in the
industrial districts?
All fences in the industrial district will be required to
have the same setback as the building if the property abuts
a right-of-way 50 feet or more in width. The usual setback
is 20 feet. If an industrial building abuts a residential
district, this setback is increased to 50 - 75 feet.
The proposed Ordinance will also require the setback area to
be landscaped.
o will the existing fences be affected?
The existing fences will be grandfathered and will be
allowed to remain as long as they are not replaced or
destroyed 50% or more. Any fence that is replaced will have
to meet the new ordinance requirements.
o Do other'cities allow fences in the front yard setback?
In checking a few other cities ordinances, most do not
detail fences in their zoning ordinance. However, Maple
Grove allows fences in the front setback not over six feet
in height and the fence must be chain link. Plymouth's
ordinance did not state that a fence could not be in the
front yard, however it did state there was no open storage
allowed in the front yard. It is very common in other
cities not to allow storage in the front yard.
o What is the impact of the new Ordinance?
Any new fence along a right-of-way of 50 feet or more in
width will be required to have the same setback as a
building. This ordinance will mostly affect the sites that
are used for storage or parking areas. An example would be
the Cliff Lambert contractor yard. The fence on this site
would have been moved 20 feet to the south along 5th street.
Another example is the old Red Owl parking area that abuts
2nd street N.E. There is currently a chain link fence that
screens the parking area from 2nd street N.E. If the new
ordinance was,in effect when the fence was constructed, this
fence would have been placed 20 feet further to the south
along 2nd street.
Alternatives.
1. Approve the Ordinance to require a setback for fences
in the industrial districts. By approving the
CR92-78
Page 3
.. Ordinance, fences will be required to have a setback in
industrial districts.
2. Deny the Ordinance to require a setback for fences in
the industrial districts. By denying the Ordinance,
fences in the industrial district will not be required
to have a setback.
3. Approval of the Ordinance with changes.
4. continue for further information. If the city council
indicates that further information is needed, the item
should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 92-706
AN ORDINANCE REQUIRING SETBACKS FOR FENCES IN THE INDUSTRIAL
DISTRICTS
BE IT ORDAINED by the City Council of the City of
Hopkins as follows:
That section 520.13 Subd. 8. is revised to the
following:
Subd. 8. Industrial district fences. Property line fences
in an I district shall not exceed eight feet in height
except that:
a) fence 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
b) if a fence in the industrial district abuts a
right-of-way that is 50 feet or more in width, the fence
shall have the required setback of a building. Ornamental
fences used for landscaping purposes are excluded. The
setback area shall be landscaped according to a plan
approved by the City.
That the presently existing Hopkins Zoning Ordinance
515-570 is hereby amended and changed in accordance with the
above provisions.
First Reading: March 2, 1992
Second Reading: April 7, 1992
Date of Publication: April 22, 1992
Date Ordinance Takes Effect: May 12, 1992
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk