HomeMy WebLinkAbout2017-12-05 City Administrator Memo Providing Fence Ordinance ENCLOSURE 4
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City of Oak Park Heights
14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
12-5-17
MEMO
TO: Planning Commission Members
FROM: Eric Johnson, City Administrator
RE: Fencing Ordinance
At the November 2017 Planning Commission,the Commission requested information on the
City's current code relating to fencing, screening, etc. That code is enclosed. 4015.15 E
401.15.E. Fencing, Screening and Landscaping.
1 . Building Permit. No person shall hereafter construct or cause to be constructed
or erected within the City of Oak Park Heights, any fence without first making an
application for and securing a building permit.
23,352. Application Requirements. Each application for a permit under this section shall
be submitted to the Zoning Administrator on forms provided by the City. Each such
application shall include a site plan drawn to scale showing the location of house(s),
garage(s), and other improvements on the lot and the location of the fencing to be
erected, altered or relocated. A certificate of survey shall be required for all fences
(including hedges and plantings) to be constructed up to or on the property line,
unless:
a. Property stakes on the affected property lines are first located and marked
by a licensed and registered Minnesota surveyor.
b. Or, an agreement is reached between the property owners as to the
accepted or property line.
3. General Provisions. All fences within the City shall be subject to the following
general provisions:
a. No fences shall be placed on or extend into the public rights-of-way.
b. All fences shall be located entirely upon the property of the person
constructing or causing the construction of such fence.
c. That side of any fence considered to be its "face" (i.e., the finished side
having no structural supports) shall face abutting property.
d. Both sides of any fence shall be maintained in a condition of reasonable
repair and appearance by its owner and shall not be allowed to become and
remain in a condition of disrepair or danger, or constitute a nuisance, public
or private.
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e. Barbed wire fences are only allowed in the City by conditional use permit.
f. No person shall construct or maintain or allow to be constructed or
maintained anywhere within the City any fence or metal construction which is
charged by or connected with an electrical system.
g. No physical damage of any kind shall occur to abutting property.
h. All man-made fences located in front of the rear building line shall consist of
materials comparable in grade and quality to the following: decorative
masonry, wrought iron or wood, provided the surfaces are finished for
exterior use, or wood of proven durability is used, such as cedar or redwood.
For the purpose of fence regulations, in the case of a corner lot, both yards
abutting a street shall be considered a front yard.
354. Specific Fence Standards. The height of fence shall be the distance from the
adjacent finished grade to the highest projection of a fence structure or support post
and shall be restricted according to the location as follows:
35 a. Fences or walls located on or adjacent to any property line bordering a public
road or street shall not exceed seven (7) feet in height. However, in no case
shall any shrub, hedge or fence bordering upon any street or sidewalk be
constructed or allowed to grow to a height which could obstruct safe driving
visibility at intersections.
35 b. Fences or walls on or adjacent to the shore line of any navigable lake,
channel or stream shall not exceed four (4) feet in height. Fences or walls
on or along that portion of a lot line from a navigable lake, channel or stream
to the rear side of the average building construction line shall not exceed four
(4) feet in height.
23 35 c. Fences or walls on or within ten (10) feet or less from a common property
line between two adjoining lots or parcels not owned by the same person,
firm or corporation shall not exceed seven (7) feet in height. The property
owner shall provide written notification to adjoining property owners
concurrent with the application for a building permit for a fence installation
which is less than five (5) feet from a property line. Fences or walls shall be
permitted except as prohibited in sub-paragraphs b. and d. hereof.
35 d. Fences or patio walls not exceeding nine (9) feet in height may be
constructed without restriction on the interior of any lot or parcel, providing no
such fence or wall shall be closer than ten (10) feet to any common property
line between adjoining lots not owned by the same person, firm or
corporation (except as permitted under sub-paragraph c. hereof), and
provided further in the case of lakeshore lots, no such fence or wall shall be
located so as to block or otherwise adversely interfere with an adjoining
property owner's lake view.
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35 e. Open wire fences not exceeding eleven (11) feet in height enclosing tennis
courts, pools, and similar uses, shall be permitted without restriction.
5. Swimming Pool Fences. Outdoor swimming pool fences shall be required as
outlined in Section 1303 of the City Code.
6. Non-Conforming Fences. It is the intent of this Ordinance to allow the
continuation of such non-conforming fences until they are discontinued as provided
herein. However, it is not the intent of this Ordinance to encourage the survival of
non-conforming fences and such fences are declared to be incompatible with
permitted fences within the City. Such fences shall be regulated by the following
provisions:
a. No existing fence not permitted by this Ordinance in the district within which it
is located, except when required to do so by law or ordinance, shall be
enlarged, extended, reconstructed or structurally altered unless such fence is
changed to one permitted in that district. Maintenance of a non-conforming
fence will be allowed, however, when this includes necessary repairs and
incidental alterations which do not expand or intensify the non-conforming
fence.
7. General Landscaping and Maintenance. All exposed ground areas surrounding
or within a principal or accessory use, including street boulevards, and not devoted
to parking areas, drives, sidewalks, patios or other such uses shall be completely
landscaped with grass, shrubs, trees or other ornamental landscape materials
before the Building Official issues the certificate of occupancy or if construction is
completed during the Winter, no later than May 31 of the year or following year of
construction completion. All landscaped areas shall be kept neat, clean and
uncluttered, and where a landscape plan is required by City approval any plant
material which is diseased or dies shall be replaced with like kind of the original
size. No landscaped area shall be used for the parking of vehicles or for the
storage or display of materials, supplies or merchandise. Fences and/or plantings
placed upon utility easements are subject to removal by the City or utility company if
required for maintenance or improvement of the utility. Trees on utility easements
containing overhead wires shall not exceed twenty (20) feet in height, which it shall
be the property owner's responsibility to maintain.
" 8 Required Fencing and Screening. Where any public, institutional, business or
industrial use (i.e., structure, parking or storage) abuts property zoned for residential
use, that public, institutional, business or industrial use shall provide screening
along the boundary of the residential property. Screening shall also be provided
where a public, institutional, business or industrial use is across the street from a
residential zone, but not on that side of a public, institutional, business or industrial
use considered to be the front (as determined by the Building Official). All the
fencing and screening specifically required by this Ordinance shall be subject to
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Section 401.15.E.3. and shall consist of either a fence or a green belt planting strip
as provided for below.
a. A green belt planting strip shall consist of evergreen trees and/or deciduous
trees and large shrubs and shall be of sufficient width and density to provide
an effective visual screen. This planting strip shall contain no structures
other than supplementary fencing. Such planting strip shall be designed to
provide complete visual screening to a minimum height of eight (8) feet.
Earth mounding or berms may be used but shall not be used to achieve
more than three (3) feet of the required screen. The planting plan and type
of plantings shall require the approval of the City Council based upon a
recommendation of the City staff.
b. A required screening fence shall be constructed of masonry, brick, wood or
metal. Such fence shall provide a solid screening effect and not exceed
eight (8) feet in height or be less than six (6) feet in height. The design and
materials used in constructing a required screening fence shall be subject to
the approval of the City Council based upon a recommendation by the City
staff.
9. Required Landscaping - General Residential. The lot area remaining after
providing for off-street parking, off-street loading, sidewalks, driveways, building site
and/or other requirements shall be landscaped using sod in the front and side yards,
and ornamental grass, or other acceptable vegetation or treatment generally used
in landscaping in the rear yards. Fences or trees placed upon utility easements are
subject to removal if required for the maintenance or improvement of the utility.
" 10. Required Landscaping - Public, Institutional, Semi-Public and All Income
Producing Property Uses. Prior to approval of a building permit, all above
referenced uses shall be subject to a mandatory landscape plan requirement. Said
landscape plan should be developed with an emphasis upon the following areas:
The boundary or perimeter of the proposed site at points adjoining another existing
or proposed site or sites; the immediate perimeter of the structure or building at
points of its placement on the site; and the public boulevard areas at points of
interface with streets or sidewalk areas of the City.
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All landscaping incorporated in said plan shall conform to the following standards
and criteria:
a. All plants must at least equal the following minimum sizes:
Balled and
Potted/Bare Root Burlapped
Shade Trees* 1-3/4 in. diameter 2-1/2 in. dia.
Half Trees (Flowering Crab, Russian Olive,
Hawthorn, etc.) 6-7 feet 1.5 in. dia.
Evergreen Trees 6-8 feet
Tall Shrubs and Hedge Material (evergreen
or deciduous) 3-4 feet 3-4 feet
Low Shrubs: Deciduous 18-24 in. 24-30 in.
Evergreen 18-24 in. potted 24-30 in.
Spreading Evergreens 18-24 in. potted 18-24 in.
Type and mode are dependent upon time of planting season, availability and
site conditions (soils, climate, ground water, man-made irrigation, grading,
etc.)
* All boulevard trees must be at least 2-1/2 inches caliper.
b. Spacing.
1) Plant material centers shall not be located closer than three (3) feet
from the fence line or property line and shall not be planted to conflict
with public plantings based on the judgment of the City administration.
2) Where plant materials are planted in two (2) or more rows, plantings
shall be staggered in rows unless otherwise approved by the City
administration.
3) Deciduous boulevard trees shall be planted not more than forty (40)
feet apart.
4) Where massing of plants or screening is intended, large deciduous
shrubs shall not be planted more than four (4) feet on center, and/or
evergreen shrubs shall not be planted more than three (3) feet on
center.
c. Design.
1) The landscape plan must show some form of designed site amenities
(i.e., composition of plant materials, and/or creative site grading,
decorative lighting, exterior sculpture, etc., which are largely intended
for aesthetic purposes).
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2) All areas within the property lines (or beyond, if site grading extends
beyond) shall be treated. All exterior areas not paved or designated
as roads, parking, or storage must be planted into ornamental
vegetation (lawns, ground covers, or shrubs) unless otherwise
approved by the City.
3) Landscape material selection and placement shall take into account
sight visibility of adjoining buildings and signage. Landscape
materials at the time of placement or upon reaching maturity shall not
block the view of surrounding business establishments and related
signage.
4) Turf slopes in excess of 2:1 are prohibited.
5) All ground areas under the building roof overhang must be treated
with a decorative mulch and/o foundation planting.
6) All buildings must have an exterior water spigot to insure that
landscape maintenance can be accomplished.
d. Landscape Guarantee. All plants shall be guaranteed for one (1) full year
from the time planting has been completed. All plants shall be alive and in
satisfactory growth at the end of the guarantee period or be replaced.
e. Screening of Mechanical Equipment. Mechanical equipment located on the
roof or adjacent to any building and visible from the street level or from
neighborhood properties shall be screened with a material designed to blend
harmoniously with the building's facing materials. Where buildings have
exposure to buildings with higher elevation, roof equipment shall be totally
screened or enclosed with a material to blend with the roof surface material.
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