Staff Report - 5-31-2013CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhaII@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 31 May 2013
RE: Zoning Code Discussion — Fence Regulations
FILE NO. Zoning (Fences)
Last month the City Council adopted an amendment to the Shorewood Zoning Code that
established a system of zoning permits for items regulated by Code, but not necessarily subject to
building permits. Of the items proposed to be included in that amendment, the Council chose to
leave out fences. Direction given to staff was to have the Planning Commission take a thorough
look at Section 1201.03 Subd. 2.f. (a copy of which is attached for your review). One issue raised,
for example, is what constitutes a fence that would be subject to a zoning permit? Does a chicken
wire garden fence require a permit? What about a small wire fence around shrubbery?
The Zoning Code defines "fence" as: "A partition, structure, wall or gate, erected as a dividing
marker, barrier, or enclosure."
This section of the Code will be discussed at Tuesday night's meeting.
Cc: Laura Hotvet
is
ter$ PRINTED ON RECYCLED PAPER
1201.03 Zoning Regulations 1201.03
f. Fences - general requirements.
(1) Permit required. No person, firm or -corporation shall construct or erect
any fence without first securing a building permit.
(2) Locations. All fences shall be located entirely upon the property of the
fence owner unless the owner of the adjoining property agrees, in writing,
that the fence may be erected on the property line of the respective
properties. No boundary line fence shall be erected closer than three feet
to an existing parallel boundary line fence.
(3) Surveys. The Building Official may require an applicant for a fence permit
to establish his or her true boundary line by a survey thereof to be made
by a registered land surveyor.
(4) Construction and maintenance. Every fence shall be constructed in a
substantial, workmanlike manner and of material reasonably suited for the
purpose for which the fence is proposed to be used. Every fence shall be
maintained in the condition as to not become a hazard, eyesore or public
or private nuisance. All fences shall be so constructed that the finished
side faces away from the fence owner's lot. Any fence which endangers
the public safety, health or welfare shall be considered a public nuisance
and abatement proceedings may be instituted by the proper city official if
within 15 days after notification the owner of the fence has not undertaken
the necessary repairs himself or herself to abate the nuisance. Link fences,
where permitted, shall be constructed in a manner that no barbed ends
shall be at the top.
(5) Nonconforming fences. All fences existing on the date of the adoption of
this chapter, but not conforming herewith, except as to height restrictions,
shall conform and be subject to the terms of this chapter. If at any time a
nonconforming fence shall be damaged to the extent of more than 25 % in
any plane, then without further action by the Council, the fence shall,
from and after the date of the damage, be subject to all the regulations
specified by these zoning regulations. Any fence which is damaged to an
extent of less than 25 % may be restored to its former extent. It is the
intent of this section that all nonconforming fences shall be eventually
brought into conformity.
(6) Prohibited fences. Electric fences shall not be permitted except in
conjunction with the issuance of a horse permit pursuant to Chapter 702
of this code and shall be removed upon expiration or revocation of a horse
permit. Barbed wire fences shall not be permitted except as hereinafter
provided. Fences of the picket, rail or slat types shall be so constructed
that the spaces between the pickets, rails or slats shall be greater than 12
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1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03
inches or less than six inches. Wire fences which are not readily visible
shall be prohibited except where attached to a wooden or other fence of
opaque material which is itself plainly visible.
(7) Required fences, swimming pools. Outdoor swimming pools with a
capacity of 1,500 gallons or with a depth of three feet or more of water
shall be adequately fenced to prevent uncontrolled access from the street
or adjoining property. The pools shall be completely enclosed by a
nonclimbable fence at least four feet in height.
(8) Shoreline fences. No fence shall be allowed within the shoreline setback
area as specified in § 1201.26 Subd. 5a(3) of this chapter. In addition,
fences on or adjacent to the shoreline of any navigable lake, channel or
stream or on or along that portion of a lot line extending from a navigable
lake, channel or stream to the near side of the average building
construction line, shall not exceed four feet in height.
(9) Residential District fences.
(a) Boundary line fences. In all parts of Shorewood which are zoned
residential, no boundary line fences shall exceed four feet in
height, except that:
(i) Fences on all corner lots erected within 30 feet of the
intersecting property line shall be subject to subdivision 2h
of this section;
(ii) Fences along any rear property line which is also the rear
property line of an abutting lot shall not exceed six feet in
height;
(iii) Fences along a rear property line, which line constitutes the
side lot line of an abutting lot shall not exceed six feet in
height for a distance as calculated in (iv) below and shall
not exceed four feet in height when abutting a front yard
line;
(iv) Subject to other restrictions within this section, fences may
be constructed to a height of six feet on or along the side
I yard property line from the rear lot line to the required
front yard setback line;
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1201.03 Zoning Regulations 1201.03
(v) In those instances where a fence exists as an enclosure
which restricts access from the front to the rear yard, a
gate, identifiable collapsible section or other means of
recognizable ingress shall be provided for emergency
vehicles. The ingress shall be unobstructed and a minimum
of ten feet in width. The location of the ingress points shall
be positioned at any point paralleling the front lot line,
between the side lot property line and the principal
structure;
(vi) All boundary line fences in residential districts shall be
constructed in a manner that at least 25 % of the plane
between the ground and the top of the fence constructed is
open;
(vii) Fences in yards abutting an intermediate arterial or minor
arterial street, as designated in the Shorewood
Comprehensive Plan, may be constructed to a height of six
feet in a front or side yard abutting the arterial street, by
conditional use permit as provided for in § 1201.04. In
addition the following conditions shall apply:
A. The fence shall be located no closer than eight feet
to the property line;
B. A landscape plan for the above -referenced eight
foot setback area must be submitted in compliance
with § 1201.03 subd. 2.g. of this chapter;
C. The fence shall not obstruct traffic visibility.
(b) Interior yard fences.
(i) Any fence erected within any portion of the required front
yard shall not exceed four feet in height and shall be at
least 25 % open.
(ii) Within a rear yard, at a point eight feet beyond any
property line, a solid fence up to six feet in height may be
erected as a total enclosure. The enclosure shall not exceed
25 % of the required rear yard area and shall have adequate
means of emergency access.
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1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03
(iii) Chain link or woven wire fences (without slat screens,
canvas or other screening material opaque in nature) used
for the enclosure of tennis courts or other recreational
purposes shall not exceed ten feet in height.
(10) Commercial District fences. Fences in all Commercial Districts shall not
exceed eight feet in height, except that:
(a) Boundary line fences abutting R Districts shall conform to those
regulations applicable to the R District;
(b) Security fences:
(i) Fences which are erected primarily to secure a particular
area may have "arms" not to exceed 36 inches in length,
located a minimum of six feet and a maximum of eight feet
above ground level, on which arms barbed wire may be
strung;
(ii) A survey establishing the true boundary line must be made
by a registered land surveyor and submitted to the city;
(iii) Fence arm extensions may not extend across an abutting
property line or over any public right-of-way;
(c) Fences erected within the required front yard area shall not exceed
six feet in height and shall be of a chain link or woven wire
construction which affords maximum visibility.
(11) Special purpose fences. Fences for special purposes and fences differing
in construction, height or length may be permitted in any district in the
city by issuance of a conditional use permit.
(12) Fence height. The height of fences prescribed herein shall be considered
to be the maximum height allowed. Fence posts may extend above the
specified height by no more than eight inches.
g. Required screening and landscaping.
(1) General residential. Any portion of a lot that is disturbed by grading or
construction activities must be restored by seeding, sodding or landscaping
to prevent erosion. If restoration cannot be completed within the growing
season for which a certificate of occupancy is requested, the property
owner shall enter into an escrow agreement with the city and submit a cash
escrow or letter of credit for one and one-half times the estimated amount
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