HomeMy WebLinkAboutSigned Ordinance 1594ORDINANCE NO. 1594
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 deletions:
§6.401 GENERAL PROVISIONS, §6.402 CONSTRUCTION STANDARDS, §6.403 USE OF
FENCES; RESTRICTIONS, and §6.404 ZONING RESTRICTIONS be removed entirely from the
City Code.
Chapter 9, Article I, Section 9.106 (E) of the Columbia Heights City Code, which currently reads to wit:
§ 9.106 GENERAL DEVELOPMENT STANDARDS.
(E) Fences.
(1) 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 rustproofed materials.
(g) All fences shall be maintained and kept in good condition.
(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.
(i) Fences exceeding six (6) feet in height shall require a building permit from the city.
(2) 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 seven (7) feet in
height shall be deemed structures and shall require a Conditional Use Permit.
(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.
(3) 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 seven (7) feet in
height shall be deemed structures.
(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.
(4) 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.
Is thereby amended to read as follows:
§ 9.106 GENERAL DEVELOPMENT STANDARDS.
(E) Fences.
(1) 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) Fences, freestanding 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 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:
I. Galvanized or vinyl coated woven fabric — minimum 11' /z gauge, with two -inch
minimum mesh, with knuckles up and cut edge down.
2. Approved vinyl fencing materials.
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.
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) All fences shall be maintained and kept in good condition.
(i) 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.
0) 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) Fences exceeding six (6) feet in height shall require a building permit from the city.
(2) 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) 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) 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.
(3) 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 seven (7) feet in
height shall be deemed structures and shall require a Conditional Use Permit.
(b) A fence extending across or into the required front yard setback shall not exceed four
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.
(4) 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, shall include the following
addition:
§ 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, shall include the following
addition:
§ 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 -213, 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, shall include the following
addition:
§ 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, shall include the following
addition:
§ 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, shall include the following
addition:
§ 9.110 COMN ERCIAL 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, shall include the following
addition:
§ 9.110 COMAORCIAL 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 (17)(3)(h) of the Columbia Heights City Code, shall include the following
addition:
§ 9.110 COMAMRCIAL DISTRICTS.
(F) CBD, Central 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:
(h) Fences greater than six (6) feet in height.
Chapter 9, Article I, Section 9.111 (D)(3)(i) and 6) of the Columbia Heights City Code, shall include the
following additions:
§ 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.
0) Barbed wire fences.
Chapter 9, Article I, Section 9.111 (E)(3)(i) and 0) of the Columbia Heights City Code, shall include the
following addition:
§ 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.
0) Barbed wire fences.
Chapter 9, Article I, Section 9.107 (C)(8) of the Columbia Heights City Code, shall include the following
additions:
§ 9.107 SPECIFIC DEVELOPMENT STANDARDS.
(C) Specific development standards. The following uses are subject to specific development
standards:
(8) Barbed wire fences.
(a) Barbed wire fences may only utilize a projecting arm to support the barbed wire,
commencing at a point no less than six (6) feet above the ground.
(b) At no point shall the projecting arm encroach into the City right -of -way or
neighboring properties.
*§ 9.107 (C)(5 -47) shall be renumbered accordingly.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
April 11, 2011
Second Reading:
April 25, 2011
Date of Passage:
April 25, 2011
Offered by: Williams
Seconded by: Schmitt
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt
Attest:
atricia Musco itz, CMG
City Clerk