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HomeMy WebLinkAbout4A Fence Ord Amend Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: September 21, 2015 AGENDA #: 4A PREPARED BY: PRESENTED BY: PUBLIC HEARING: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST CASEY MCCABE YES AGENDA ITEM: CONSIDER A RECOMMENDATION TO AMEND SECTION 1101, GENERAL PROVISIONS, OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO FENCES DISCUSSION: Introduction The purpose of this public hearing is to consider recommending certain amend- ments to Section 1101 of the Prior Lake Zoning Ordinance related to Fences. History On July 20, 2015 the Planning Commission initiated the review of amendments to Section 1101, General Provisions, of the Prior Lake Zoning Ordinance related to Fencing. The review was requested by City staff who have been discussing possible ordinance amendments based on comments from residents and busi- ness owners related to fencing design requirements and location limitations. Current Circumstances Staff has reviewed fencing requirements from area communities and, with the assistance of the City Attorney’s Office, has prepared draft amendments to the zoning ordinance for Planning Commission review. There were an extensive amount of ‘redline’ amendments to Subsection 1101.504. Instead of attaching the redline amendments for commissioner review, staff has attached a copy of the current Subsection 1101.504 (Attachment 1) and a copy proposed amend- ments to Subsection 1101.504 (Attachment 2) for comparison. Below is a summary of the proposed changes to the zoning ordinance. ¾ The City of Prior Lake Zoning Ordinance currently addresses fencing in resi- dential areas; however, the zoning ordinance does not address fencing re- quirements for commercial, industrial and agricultural areas. Staff has pro- posed amendments which would establish standards for commercial, indus- trial and agricultural fencing. ¾ Staff has received many inquiries to install chain-link fencing or 6 foot privacy fencing in a side yard abutting a street. Previous ordinance interpretations have been that a corner lot has two front yards, which does not allow for chain link or privacy fencing in the side yard abutting street. The proposed ordi- nance language will clarify a corner lot has a front yard and a side yard abut- ting a street, which would allow for chain link and privacy fencing in the side yard abutting a street. 2 ¾ To provide clarify regarding front yard fence location, language was added to allow a fence or wall exceeding 4 feet in height to be located behind the front corner of the principal building or behind the rear corner of a detached acces- sory structure, in the event a detached accessory structure is located in front of the principal building. ¾ Language was added to clarify fences, walls and footings shall be located entirely upon the private property for which the permit has been issued. ¾ Language was added to clarify property owners are responsible for the costs associated with removing or relocating fences and walls which are located within drainage or utility easements when the city or utility companies require access. ¾ Language was added to maintain an adequate sight visibility triangle when a fence in a side yard, rear yard or side yard abutting a street abuts an adjacent properties front yard. ¾ The corner lot requirements were amended to allow for the same standards on all corner lots. Previously separate standards were in place for corner lots along a collector street. ¾ Language was added to require the finished side of the fence to face to the outside, or away from the property being fenced, toward abutting property or street right of way. ¾ Maintenance language was added to ensure fences and walls are maintained in good condition. Conclusion The proposed amendments identify an application and approval process; general requirements for all fences and walls; specific requirements for fences and walls in the Agricultural (“A”), Residential (“R”) and Transitional Town Center (“TC-T”) Use Districts; specific requirements for fences and walls in the Commercial/Busi- ness (“C”) and Industrial (“I”) Use Districts; and specific requirements for fences and walls in the Town Center (“TC”) Use District. ZONING ORDINANCE AMENDMENT FINDINGS: Section 1108.600 of the Zoning Ordinance states: 1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning Com- mission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies. In the case of amendments to the formal text of this Ordinance: ¾ There is a public need for the amendment, or ¾ The amendment will accomplish one or more of the purposes of this Or- dinance, the Comprehensive Plan or other adopted plans or policies of the City, or ¾ The adoption of the amendment is consistent with State and/or federal requirements. 3 1. There is a public need for the amendments. City staff has received a number of questions from residents recently related to the fence design requirements and location limitations in the zoning ordi- nance. Staff feels it is time to evaluate possible amendments to the zoning ordinance due to changes in fence type, design and durability and to ensure Prior Lake’s ordinance requirements are in line with those of neighboring com- munities. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. The proposed amendments meet these purposes of the Zoning Ordinance: ¾ Protect the residential, business, industrial and public areas of the commu- nity and maintain their stability. ¾ Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. ¾ Enhance the aesthetic character and appearance of the City. 3. The adoption of this amendment is consistent with State and/or federal requirements. These amendments are consistent with state and federal requirements. ISSUES: The proposed ordinance amendments will provide for more fencing options and an opportunity for residents to fence in a larger portion of their property. The pro- posed amendments will also establish criteria for commercial and industrial fenc- ing in Prior Lake. Due to the extensive amount of proposed revisions, staff has attached a copy of the current Subsection 1101.504 (Attachment 1) and a copy proposed amend- ments to Subsection 1101.504 (Attachment 2) for comparison. ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the amend- ments to Section 1101 of the Prior Lake Zoning Ordinance related to fencing, as proposed or further amended by the Planning Commission. 2. Motion and a second to recommend the City Council deny the proposed amendments to Section 1101 of the Prior Lake Zoning Ordinance related to fencing based on specific findings. 3. Motion and a second to table or continue discussion of the item for a specific purpose. RECOMMENDED MOTION: Alternative No. 1. ATTACHMENT: 1. Prior Lake Zoning Ordinance Subsection 1101.504 (current) 2. Amendments to Subsection 1101.504 (proposed) Zoning Ordinance City of Prior Lake June 1, 2009 1101/p1 SECTION 1101 GENERAL PROVISIONS SUBSECTIONS 1101.100: Purpose and Intent 1101.200: Overview 1101.300: Rules of Construction 1101.400: Definitions 1101.500: General Provisions 1101.600: Districts Established 1101.700: Zoning Map 1101.800: Boundaries 1101.900: Uses Not Listed 1101.1000: Land Use Descriptions 1101.1100: Motorcycles (Subsections 1101.100 – 1101.503 and Subsections 1101.505 – 1101.1100 were removed for the purpose of this Zoning Ordinance review only) 1101.504 Fences in Residential Use Districts. Fences may be permitted in required yards, subject to the following provisions: (1) The height of fences and walls permitted in required yards shall be limited. The height shall be measured from the ground level to the top of the fence or wall section. Fence posts may extend no more than 8 inches above the required height limit of a fence. In the case where the fence section has variable heights, the height of the fence shall be the average height. Fence heights shall be limited as follows:  A fence or wall shall not exceed 6 feet in height if it is located in any side or rear yard.  A fence or wall may be located in a front yard if the fence or wall does not exceed 4 feet in height and 50 percent opacity. Fences in the front yard shall be limited to decorative fences, such as picket fences, split rail fences and decorative iron fences. Chain link fences are not permitted in the front yard.  Barbed wire fences are allowed only in the Agricultural Use District.  A fence or wall shall not exceed 8 feet in height if the yard in which it is placed abuts a principal or minor arterial road.  A fence or wall exceeding 8 feet in height may be allowed if placed in any side or rear yard separating a commercial or industrial use from a residential use, a school, church or other public building.  A fence or wall may exceed 6 feet in height in any side or rear yard when it is installed as part of a bufferyard as defined in Subsection 1107.2000, however the fence may not exceed 8 feet in height.  A fence or wall in one front yard of any through lot may be at the height permitted in a rear yard if it complies with all of the provisions of Subsection 1101.506, is used as a rear yard, and the fenced yard used as the rear yard does not adjoin a yard used as a front yard. Zoning Ordinance City of Prior Lake June 1, 2009 1101/p2 (2) Where a fence or wall 6 feet in height or less is used as part of an animal kennel or run, it may not be located in any required side or front yard, and it shall be located at least 10 feet from any rear lot line. (3) Temporary snow fences including accompanying posts and supports shall be permitted in any yard from November 1st to April 1st. (4) No fence, hedge or wall or visual obstruction of any kind shall be permitted which is not in compliance with Subsection 1101.506. (5) Any fence or wall over 6 feet in height constructed as a result of this subsection shall be constructed of a nonmetallic material and shall be 90% opaque. It shall be considered a structure, shall require a building permit, and shall meet all Minnesota State Building Code requirements for a structure. (6) No fence may be located in any public right of way or public easement except by permission of the City Engineer. (7) A fence on a corner lot abutting a collector street shall be subject to the following conditions:  The fence shall not exceed 6 feet in height along the side street lot line.  The front yard shall be determined by the location of the garage. The direction the garage is facing shall be considered the front yard.  For lots with driveway access on a collector street, the fence shall not be constructed within a sight triangle described as beginning from a point at the intersection of the extension of the existing curb lines of the street or pavement edge and driveway, and extending 50 feet along the edge of the street and along the length of the driveway to the garage front. This defines two sides of the triangle. The third line is a line connecting the end points of the two sides described above.  The side street shall be designated as a collector street in the Comprehensive Plan.  A 6 foot fence shall be located behind the rear corner of the principal building or detached accessory structure along the front lot line abutting the collector street.  A 6 foot fence shall maintain a 10 foot setback along the collector street in front of the rear corner of the principal structure or detached accessory structure.  The fence shall maintain a 1 foot setback from a trail or sidewalk. (8) A zoning permit shall be obtained prior to the installation of a fence not exceeding 6 feet in height. A site plan showing the location of the fence in relation to the property lines shall be submitted with the permit application. A building permit shall be required for a fence exceeding 6 feet in height. SECTION 1101 GENERAL PROVISIONS SUBSECTIONS 1101.100: Purpose and Intent 1101.200: Overview 1101.300: Rules of Construction 1101.400: Definitions 1101.500: General Provisions 1101.600: Districts Established 1101.700: Zoning Map 1101.800: Boundaries 1101.900: Uses Not Listed 1101.1000: Land Use Descriptions 1101.1100: Motorcycles (Subsections 1101.100 – 1101.503 and Subsections 1101.505 – 1101.1100 were removed for the purpose of this Zoning Ordinance review only) 1101.504 Fences and Walls. Fences and walls are subject to the provisions in this subsection. For the purposes of this subsection, the “height” of a fence or wall shall be measured from the ground level to the top of the fence or wall section; if a fence or wall has variable heights the average height of the fence or wall shall be the fence or wall “height”. (1) Permit Required. A permit shall be obtained prior to the installation of any fence or wall as follows: a. A zoning permit shall be obtained prior to the installation of a fence or wall less than seven (7) feet in height. A site plan showing the location of the fence in relation to the property lines and structures shall be submitted with the permit application. b. A building permit shall be obtained prior to the installation of a fence or wall seven (7) feet in height or more. A fence or wall seven (7) feet in height or more shall be considered a structure and shall meet all Minnesota State Building Code requirements for a structure. c. Applications shall be on a form furnished by the City and shall be submitted to the Zoning Administrator or his/her designee. d. The Zoning Administrator or his/her designee shall review the application for compliance with this subsection and for the effect of the fence or wall on the public health, safety and welfare. The Zoning Administrator or his/her designee shall either (i) issue the permit; or (ii) deny the permit, informing the applicant in writing of the reasons for denial. e. Any person aggrieved by the issuance or denial of a permit under this subsection may appeal the decision of the Zoning Administrator pursuant to City Code subsection 1109.300. (2) All Fences and Walls. All fences and walls shall comply with the following requirements: a. Fence posts may extend no more than eight (8) inches above the height limit of a fence. b. Barbed wire and other materials that are deemed by the City to be dangerous or hazardous, including electric fences or razor wire, are not allowed except in Agricultural Use Districts if the fence is used to fence livestock. c. Temporary snow fences including accompanying posts and supports shall be permitted in any yard only from November 1st to April 1st. d. No fence or wall shall be permitted which is not in compliance with Subsection 1101.506. e. No fence or wall shall be constructed above a height of 30 inches within any sight area abutting any driveway, which area is described as follows: Side 1 which begins at the point of intersection of the existing curb line of the street (or pavement edge if no curb) and the driveway and extends 25 feet along the edge of the street away from the driveway; Side 2 which begins at the point of intersection of the existing curb line of the street (or pavement edge if no curb) and the driveway and extends 25 feet along the length of the driveway; and Side 3 connecting the end points of the two sides described above. (see example below) f. The finished side of the fence or wall (having no structural supports) must face to the outside (away from the property being fenced) toward abutting property or street right of way. Street Lot Dr i v e w a y Side 1-25 feet Side 2-25 feet Side 3 Lot House House Dr i v e w a y g. A fence or wall greater than six (6) feet in height which is located in any side yard, rear yard or side yard abutting street shall have a minimum 90 percent opacity, leaving a maximum of ten (10) percent open for the passage of air and light. A fence or wall located in a front yard shall have a maximum 50 percent opacity, leaving a minimum of 50 percent open for the passage of air and light. h. Fences and walls, including footings, shall be located entirely upon the private property for which the zoning permit or building permit has been issued. All fences and walls shall maintain a one (1) foot setback from trails and sidewalks. i. No fence or wall may be located in any public right of way or public easement except by written permission of the City Engineer. Fences or walls within easements shall not impede the flow of water. If a fence or wall is located in a public easement or public right of way the fence or wall may be removed and disposed of by the City at the expense of the property owner. j. Every fence and wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. All fences and walls are to be maintained in good condition and in a vertical position, and any missing or deteriorated wood slats, pickets, other fencing material, or structural elements shall be replaced in a timely manner with the same quality of material and workmanship so as not to be unsightly or present harmful health or safety conditions. k. On a corner lot or a through lot, which have two or more “front yards”, the Zoning Administrator or his/her designee shall designate the front yard, side yard, rear yard and side yard abutting a street, as may be appropriate, for purposes of application of this subsection to the installation of a fence or wall. In making this determination, the Zoning Administrator or his/her designee may, but is not required, to consider the alignment of an attached garage and/or the alignment of the main entrance of the principal structure. (3) Fences and Walls in Agricultural (“A”), Residential (“R“) and Transitional Town Center (TC-T) Use Districts. In addition to the requirements of Subsection 1101.504 (2), all fences and walls within agricultural, residential and transitional town center use districts shall comply with the following requirements: a. A fence or wall located in any side yard, rear yard or side yard abutting a street shall not exceed six (6) feet in height except as follows:  A fence or wall, not exceeding eight (8) feet in height, is allowed if placed in any side yard, rear yard or side yard abutting a street which abuts a principal or minor arterial road.  A fence or wall, not exceeding eight (8) feet in height, is allowed if placed in any side yard or rear yard which separates a commercial or industrial use from a residential use or from a school, church or public building. b. A fence or wall not exceeding four (4) feet in height may be located in a front yard. Fences in the front yard shall be limited to decorative fences, such as picket fences, split rail fences and decorative iron fences. Chain link fences are not permitted in the front yard. c. A fence or wall exceeding four (4) feet in height shall be located behind the front corner of the principal building. In the event a detached accessory structure is located in front of the principal building, a fence or wall exceeding four (4) feet in height may be located behind the rear corner of the detached accessory structure. d. Chain link fences shall only be permitted in a side yard, rear yard and side yard abutting a street and shall not exceed six (6) feet in height. All chain link fences must have a top rail and vertical posts must be spaced at intervals not to exceed ten (10) feet. e. Residential swimming pool fencing shall comply with Section 403 of the Prior Lake City Code. f. Where a fence or wall is used as part of an animal kennel or run, it may not exceed six (6) feet in height, it may not be located in any side yard, front yard or side yard abutting a street and it shall be located at least ten (10) feet from any lot line. (4) Fences and Walls in Commercial/Business (“C”) and Industrial Use Districts (“I”). In addition to the requirements of Subsection 1101.504 (2), all fences and walls within commercial/business and industrial use districts shall comply with the following requirements: a. A fence or wall located in any side yard, rear yard or side yard abutting a street shall not exceed eight (8) feet in height except as follows:  A fence or wall, not exceeding ten (10) feet in height, is allowed if placed in any side yard, rear yard or side yard abutting a street which abuts a principal or minor arterial road. b. A fence or wall, not exceeding six (6) feet in height, may be located in a front yard. c. Chain link fences within “C” Use Districts shall be coated with vinyl and shall not include vinyl, plastic or metal slats within the fence. Chain link fences within “I” Use Districts are encouraged, but not required, to be coated with vinyl and may include vinyl, plastic or metal slats within the fence; including in the front yard. All chain link fences in “C” and “I” Use Districts must have a top rail and vertical posts must be spaced at intervals not to exceed ten (10) feet. (5) Fences and Walls in Town Center Use District (“TC”). In addition to the requirements of Subsection 1101.504 (2), all fences and walls within town center use district shall comply with the following requirements: a. A fence or wall located in any side yard, rear yard or side yard abutting a street shall not exceed six (6) feet in height. b. A fence or wall not exceeding four (4) feet in height may be located in a front yard. Fences in the front yard shall be limited to decorative fences, such as picket fences, split rail fences and decorative iron fences. c. Chain link fences are not permitted.