HomeMy WebLinkAbout115-24 Fence Ammendment Section 1101 o� POMP
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Prior Lake,MN 55372
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CITY OF PRIOR LAKE
ORDINANCE NO. 115-24
AN ORDINANCE AMENDING SECTION 1101, GENERAL PROVISIONS, OF THE
PRIOR LAKE ZONING ORDINANCE RELATED TO FENCES AND ADOPTING BY REFERENCE CITY CODE
PART 1 WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1. Subsection 1101.504 of the Prior Lake Zoning Ordinance is hereby deleted in its entirety and replaced with the
following:
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)
Street cm,. 1_75 fe--*
Side 2-25 feet
Lot Lot
Side 3 Q
House House
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.
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.
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 be located above
underground utilities and 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
Page 2 of 4
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.
g. Barbed wire and electric fences shall be permitted in the Agricultural Use District if the fence
is used to fence livestock.
(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.
d. Chain link fences within "I" Use Districts shall be coated with vinyl and may include vinyl,
plastic or metal slats within the fence; including in the front yard.
Page 3 of 4
e. 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.
2. Penalty. City Code Section 103 entitled "Definitions" and Section 104 entitled "General Penalty" are hereby
adopted in their entirety, by reference, as though repeated verbatim herein.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 26th day of October, 2015.
ATTEST:
yam !,/
Frank BapIFi Manager Kenneth L. Hedberg, May
A Summary of this Ordinance was published in the Prior Lake American on the 7th day of November, 2015.
Page 4 of 4
i
i
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Scott )
SUMMARY ORDINANCE
NO.115-24
AN ORDINANCE AMENDING
SECTION 1101,GENERAL Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
PROVISIONS,OF THE agent of the publisher of the newspapers known as the Shakopee Valle News Jordan Inde en-
PRIOR LAKE ZONING g pp y p
ORDINANCE RELATED TO -dent,Prior Lake American and Savage Pacer,.and has full knowledge of the facts herein stated as
FENCES AND ADOPTING follows:
BY REFERENCE CITY CODE
PART 1 WHICH,AMONG (A)These newspapers have complied with the requirements constituting qualification as a legal f
OTHER THINGS,CONTAINS newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
PENALTY PROVISIONS amended.
The following is only a
summary of Ordinance No.115-
24. The full text will available for (B)The printed public notice that is attached to this Affidavit and identified as No. Sa
public inspection after September' was published on the date or dates and in the newspaper stated in the attached Notice and said
28, 2015 by any person during', Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
regular office hours at City Hall' the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
or in the Document Center on the inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
City of Prior Lake Website. and publication of the Notice:
SUMMARY; The Ordinance'.
deletes Subsection 1101.504 of
the Prior Lake Zoning Ordinance' abcdefghijklmnopgrst yz
in its entirety and replaces with
Subsection 1101.504 identifying an r
application and approval process; By: -
generalrequirements for allfences
and walls;specific requirements Laurie A.Hartmann
for fences and walls in the',
Agricultural;("W), Residential
("R") and Transitional'Town Subscribed and sworn before me on
Center("TC-T")Use Districts;,
specific requirements for fences
and walls in the Commercial/
Business ("C") and Industrial M fib,
("I")Use Districts; and specific this day of 2015
requirements'for fences and walls
in the Town'Center("TC")Use
District. F = j YM M E J N�E K
This ordinance shall became; _�� L
effective from and after its!l 4 NOTARY PUBLIC-WNNESOTA
passage and publication. AMY COWS"O EXP{RES 01I31/18
Passed by the City Council of N ` blie ^
the City of Prior Lake this 26th
Day of October,2015.
ATTEST: �Ij
Frank Boyles,City Manager
Kenneth L.Hedberg,Mayor
(Published in the Prior RATE INFORMATION
Lake American on Saturday,
November 7,2015;No.7567)
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Rate actually charged for the above matter............................................. $12.59 per column inch
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