HomeMy WebLinkAbout2015-09-22 Amended ordinance - CC 2015-401-01 •
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2015-401 -01
AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO
CLARIFY AND AMEND LANGUAGE AS TO SPECIFIC FENCE STANDARDS
IN SECTION 401.02.B DEFINITIONS AND 401.15.E, FENCING, SCREENING
AND LANDSCAPING
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.02.B Definitions, is amended to read as follows:
3. Fence, Height: The distance from the adjacent finished grade to the highest
projection of a fence structure or support post.
SECTION 2. Section 401.15.E.2 Fencing Screening and Landscaping is
amended to read as follows:
2. 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 property line.
SECTION 3. Section 401.15.E.4 Fencing Screening and Landscaping is
amended to read as follows:
4. Specific Fence Standards. The height of the 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:
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.
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.
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.
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.
e. Open wire fences not exceeding eleven (11)feet in height
enclosing tennis courts, pools, and similar uses, shall be permitted
without restriction.
SECTION 4. The Planning Commission of the City of Oak Park Heights held a
public hearing at their September 10, 2015 meeting, took comments from the
public, and recommended that the City Council approve amendments to the
fence provisions.
SECTION 5. This Ordinance shall be in full force and effect upon its passage
and publication.
PASSED this 22th day of September, 2015 by the City Council of the City
of Oak Park Heights.
CITY OF OAK PA-K HEIGHTS
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Mary M 96r be , Mayor
/7' <ric ' ohnson, City Administrator
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