Loading...
HomeMy WebLinkAboutDraft Ordinance 1589 DRAFT ORDINANCE NO. 1589 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FENCES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 6, Article IV, of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 6.401 GENERAL PROVISIONS. (A)No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the city any fence six feet or higher without securing a permit therefore from the Building Official, who shall require submission of an application prior to issuance of a permit. (B)For purposes of this section, the following words shall have the meaning ascribed to them: FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. FRONT YARD. Any portion within the front yard setback. PRIVACY FENCE. A fence more than 42 inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of the fence. (C)The written application shall be submitted to the Building Official setting forth the type of fence proposed, the materials to be used therefore, the height of the proposed fence, and the exact location of the proposed fence. (D)All boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. In the case of a property line dispute, the Building Official may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his property by survey thereof to be made by a registered land surveyor. The Building Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between private persons. § 6.402 CONSTRUCTION STANDARDS. (A)Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited for the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old bard boards or railroad ties may be used in any fence, freestanding wall or retaining wall within the city. Minimum standards for construction of fences, freestanding walls and retaining walls shall be prescribed hereinafter. (B)All fences shall be constructed of the following approved fencing materials: (1)Galvanized or vinyl coated woven fabric minimum 11½ gauge, with two-inch maximum mesh, with knuckles up and cut edge down. (2)Approved vinyl fencing materials. (3)Treated wood or wood of natural materials resistant to decay. (C)All fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. (D)Retaining walls or freestanding walls shall be constructed in the following manner: (1)Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (2)They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four-inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (3)Cribbed slopes shall be appropriately planted if open-faced cribbing is used. (4)The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (5)With regard to measuring the permissible height of fences, which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the lowest span for purposes of determining the height of a wall or fence under this chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. § 6.403 USE OF FENCES; RESTRICTIONS. (A) (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. (2) Every fence so constructed under this section and any fence existing at the time of the passage of this section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. (3) Any property owner who receives notice from the Building Official that his fence is in a state of disrepair or is dangerous shall repair said fence within 30 days after receipt of written notice to abate said condition by the Building Official. (B) A six and one-half foot high privacy fence may be constructed only within property lines and shall not extend beyond the front corners of the main structure (house). Any fence higher than six and one-half feet would require a special purpose fence permit approved by the Planning and Zoning Commission and City Council. (1)A site plan and construction plan for the fence location must be approved by the Building Inspection/Planning Department staff and a building permit is issued. (2)Any such fence to be constructed or maintained in the front yard (limited to 42 inches) or on a corner lot no construction shall be permitted in excess of 30 inches about the abutting curb line shall be permitted within a triangular area as defined as follows: Beginning at the intersection of the projected curb line of two intersecting streets ten 30 feet along one curb line, then diagonally to a point 30 feet from the point of beginning on the other curb line then to point of beginning. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. (C) Any such fence will not be more than 42 inches high when constructed anywhere within the front yard setback area up to the front corners of the main structure (house). (D) 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 special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof first be served upon all abutting properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. § 6.404 ZONING RESTRICTIONS. (A)In residential districts, no fence more than seven feet in height may be erected or maintained. Additionally, fences along any rear property line which abut a public alley or street shall be no closer than three feet from said alley or street boundary line. (B)The use of fences in commercial districts is subject to the following conditions: (1)If the applicant can prove to the satisfaction of the Council that a fence for security reasons is necessary above said permitted height, a fence not exceeding 8 feet in height may be constructed along the rear, side and front lot lines provided that such fence exceeding 7 feet in height is constructed with a setback from the front property line of 20 feet. (2)Fences erected along a property line in common with any residential district shall be subject to the regulations herein set forth in the residential districts, and shall have a maintained green area 20 feet wide located 20 feet from the adjoining residential property line. (3)Fences located on commercial property and adjacent to residential districts shall be subject to the most restrictive of either the residential regulation or commercial regulation of the zoning ordinance. (C)The use of fences in industrial districts is subject to the following conditions: (1)Fences erected along a property line in common with any residential district shall be subject to the regulations herein set forth in the residential districts, and shall have a maintained green area 20 feet wide located 20 feet from the adjoining residential property line. (2)Such fences shall not be erected within the landscaped portion of the front yard of any industrial establishment. (3)No provision of this section in any way restricts the requirement of the zoning ordinance of the city. Chapter 9, Article I, Section 9.106 (D) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.106 GENERAL DEVELOPMENT STANDARDS. (D) Fences. (4)General requirements. The following standards shall apply to all fences: (a)Fences may be constructed, placed or maintained in any yard or adjacent to a lot line in accordance with the requirements of this section. (b)The owner of the property upon which the fence is located shall be responsible for locating all property lines prior to constructing said fence. (c)All fence posts and supporting members shall be placed within the property lines of the property on which they are located. (d)All fences shall be situated so that they can be maintained from within the property boundaries of the property on which they are located. (e)All fences shall be constructed so that the finished side or more attractive side of the fence faces the adjacent property or right-of-way. (f)All fences shall be constructed of durable, weather-treated and Fences, freestanding walls, and retaining walls shall be rustproofed materials. (f) constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited for the purpose for with the fence, freestanding wall or retaining wall is proposed to be used. No previously used materials may be used in any fence. All fences shall be constructed of the following approved fencing materials: 1.Galvanized or vinyl coated woven fabric – minimum 11½ gauge, with two-inch minimum mesh, with knuckles up and cut edge down. 2.Approved vinyl fencing materials. 3.Treated wood or wood of natural materials resistant to decay. (g)Retaining walls or freestanding walls shall be constructed in the following manner: 1.Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. 2.They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four-inch concrete footing of appropriate width and drains of appropriate type, size and spacing. 3.Cribbed slopes shall be appropriately planted if open- faced cribbing is used. 4.The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (h) (g) All fences shall be maintained and kept in good condition. (i) (h) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade separation exists at the property line, the height of the fence shall be based on the measurements from the average point between the highest and lowest grade. (j) Barbed wire, razor wire and electric fences shall not be permitted in any zoning district. However, barbed wire may be permitted in industrially zoned districts and property used for public purposes through a Conditional Use Permit process. (k) (i) Fences exceeding six (6) feet in height shall require a building permit from the city. (5)Residential fences. The following standards shall apply to all fences constructed in any residential zoning district or directly adjacent to any residential zoning district: (a)No fence shall exceed seven (7) feet in height. Fences exceeding six (6) seven (7) feet in height shall be deemed structures and shall require a Conditional Use Permit. (b)Fences along any rear property line that abut a public alley or street shall be located no closer than three (3) feet from said alley or street right-of- way. (c)It shall be the responsibility of property owners with fences within recorded city easements to remove such fence at any time when access to the recorded city easement would require the removal of said fence. (d) (b) A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. (c) Fences exceeding six (6) feet in height shall require a building permit from the city. (6)Non-residential fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district: (a)No fence shall exceed eight (8) feet in height. Fences exceeding and shall require a Conditional Use seven (7) feet in height shall be deemed structures Permit. (b)A fence extending across or into the required front yard setback shall not exceed four feet in height.; however, fences that are less than 50% opaque my be up to 48 inches (4 feet) in height. (c)A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight feet in height or be less than six feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. (7)Fencing of play areas. For parks and playgrounds, either public or private and located adjacent to a public right-of-way or railroad right-of-way, a landscaped yard area no less than 30 feet in width, or a fence no less than 4 feet in height, shall be installed between the facility and the right-of-way. Chapter 9, Article I, Section 9.109 (E)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (E) R-1, Single Family Residential District. (3)Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-1, Single-Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (F)(3)(k) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (F) R-2A and R-2B, Two-Family Residential District. (3)Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-2A and R-2B, Two-Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (k) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (G)R-3, Limited Multiple-Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple-Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (p) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (H)(3)(r) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (H)R-4, Multiple-Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple-Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (r)Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (D)(3)(t) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (t)Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (E)(3)(s) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (s) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (F)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) CBD, Central Business District. (4)Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.111 (D)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (D) I-1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I-1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (i)Fences greater than seven (7) feet in height. (j) Barbed wire fences. Chapter 9, Article I, Section 9.111 (E)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (E) I-1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I-1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (i)Fences greater than seven (7) feet in height. (j)Barbed wire fences. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: January 10, 2011 Second Reading: January 24, 2011 Date of Passage: Offered by: Seconded by: Roll Call: _______ Mayor Gary L. Peterson Attest: _______ Patricia Muscovitz, CMC City Clerk/Council Secretary to the