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IV. 2. Second Reading - Residential Fences; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: September 15, 2020 Subject: Second reading of Ordinance 2020-1158 amending the City Code related to residential fence standards and authorizing its publication Proposed Action Move to adopt Resolution 2020-048 approving the second reading of Ordinance 2020-1158 amending the City Code related to residential fence standards and authorizing its publication. 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. These issues most commonly result from the City’s fence height and opacity standards. The attached Ordinance 2020-1158 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. The version of the ordinance before the City Council for the second reading is the same as approved during the first reading. The City Council adopted a motion to approve the first reading of this item on September 1, 2020. Prior to that action by the City Council, the Planning & Zoning Commission held a public hearing and recommended the City Council approve of this item on August 25, 2020. Should the City Council approve the second reading of this ordinance, it will make the following changes and take effect upon publication scheduled for September 24, 2020. • Allow fences up to 6’ in height along side 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. Attachments • Resolution 2020-048 • Ordinance 20202-1158 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2020-048 A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2020-1158 AMENDING THE CITY CODE RELATED TO RESIDENTIAL FENCE STANDARDS AND AUTHORIZING ITS PUBLICATION 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 4. That during the August 25, 2020 regular meeting of the Hopkins the Planning & Zoning Commission, it adopted a motion to recommend the City Council approve this item. 5. That the Hopkins City Council reviewed this item during their September 1, 2020 meeting and adopted a motion approving the first reading of this ordinance. WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves Resolution 2020-048 approving the second reading of Ordinance 2020-1158 amending the City Code related to residential fence standards based on the findings detailed in City Council Report 2020-063. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause the following summary of Ordinance 2020-1158 to be published in the official newspaper in lieu of the entire ordinance: Public Notice In summary, Ordinance 2020-1158 amends the City Code related to residential fences as follows: • 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. Adopted this 15th day of September 2020. _______________________ Jason Gadd, Mayor ATTEST: ______________________ Amy Domeier, City Clerk 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 HOPKINS 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 stricken 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 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 th ereof 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. 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) 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. (1) 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. (2) 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) 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: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk