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HomeMy WebLinkAboutOrd. 567 - Amendment 12-7CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 567 THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS FOLLOWS: AMENDMENTS TO CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 7: FENCES AND WALLS CHAPTER 7 FENCES AND WALLS SECTION: 12-7-1: Permitted Use 12-7-2: Locations 12-7-3: Fence Height 12-7-4: Performance Standards 12-7-5: Barbed Wire and Electric Fences 12-7-6: Exemptions From Provisions 12-7-7: Appeals 12-7-1: PERMITTED USE: Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted in all yards subject to the provisions of this chapter. A permit is required for the construction of all fences or walls that are located on, in, or near any property line, drainage and utility easement, or wetland in the City of Andover. A permit application shall be submitted for review by the Engineering Department and an application fee shall be paid as outlined in Chapter 1-7-3 of this code prior to the issuance of any permit. (Amend. 12/6/05, Ord. 317) 12-7-2: LOCATION: A. Fences shall be located entirely on the private property of the individual constructing the fence. Fences may be placed up to the property line. It is the responsibility of the property owner to determine the location of property lines. Fences may be located in any private yard or along a side or rear property line, except as follows: 1. No fence shall be placed in the public right-of-way. 2. Fences shall not be placed in underground utility easements. Fences may be placed in other utility easements if they do not interfere with existing utilities. The existence and location of private utility easements and equipment must be determined by contacting Gopher State One Call. (Amended 4/19/11, Ord. 405) 3. Fences shall not be constructed or placed in drainage areas, ponds, or wetlands. Fences shall not be placed in easements that provide vehicle access for the maintenance of drainage, ponding, or wetland areas. (Amended 4/19/11, Ord. 405) 4. For fence placements on 2.5 acres and larger lots, the City may permit non- restrictive fencing in drainage, wetland or ponding areas as long as they do not restrict the flow of water. Access to ponds, wetlands and other such areas may be required by the City for maintenance purposes. (Amended 4/19/11, Ord. 405) Fences in any area shall not enclose, hinder or restrict access to utility boxes, fire hydrants or other above ground utilities. (Amended 4/19/11, Ord. 405; Amended 7/21/20, Ord. 510) 6. Fences on corner lots shall not encroach upon the Sight Triangle as defined in Section 12-2-2 of this code. (Amended 7/21/20, Ord. 510) B. Any fence placed in violation of this section shall be the liability of the property owner who constructed it. The City, or any other agency having authority to work in a right-of-way or easement area, shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of that area. Any damage caused by the illegal placement of a fence shall be the responsibility of the property owner who constructed it. 12-7-3: FENCE HEIGHT: A. In the rear and side yards up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height except as follows: In the RR Single -Family Rural Reserve, R-1 Single -Family Rural Residential and R-2 Single -Family Estate zoning districts, "ornamental fences", as defined in Section 12-2-2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Sight Triangle as defined in Section 12-2-2 of this code. (Amended Ord. 386, 8/5/09; Amended Ord. 468, 6-6-17; Amended 7/21/20, Ord. 510) 2. On properties located in the I: Industrial zoning district and located outside of the Metropolitan Urban Service Area (MUSA) boundary, the City may approve a fence in the front yard of up to six (6) feet in height through the Commercial Site Plan (CSP) process, provided that: A. The fence is to provide screening for an approved use of the property. B. Landscaping as approved through the Commercial Site Plan shall be utilized to break up the mass of the fence line. (Amended 7/21/20, Ord. 510) C. Fences that are required for screening of ground mounted mechanical equipment, through a required commercial site plan (CSP), may exceed the height otherwise required by City Code, provided that: 1. Location of fencing meets Building Setbacks for a principal structure. 2. Fencing is to screen ground mounted mechanical equipment. 3. Fencing shall be the minimum height needed to screen the equipment and no taller than ten (10) feet. 4. Fencing shall not be taller than the height of the adjacent building wall. 5. All other screening requirements are met. (Amended 3/21/23, Ord. 550) D. Fence post caps may exceed the maximum height of a fence by up to six inches (6"). (Amended Ord. 561, 5/7/24) 12-7-4: PERFORMANCE STANDARDS: A. Construction and Materials: Every fence shall be constructed in a workmanlike manner. For all fences constructed after the adoption of this title, all posts, supports, and framework shall be placed on the inside of the fence, with the finished side facing the abutting property or street. Chain -link fences shall be constructed in such a manner that the barbed end is at the bottom of the fence. Fences in all districts shall be constructed of materials widely accepted in the fencing industry. No fence may have boards, planks, or panels larger than twelve (12) inches in width except as otherwise permitted by this Chapter. The following materials are expressly prohibited from use as fencing materials: 0 Plywood boards • Canvas • Plastic sheeting • Metal sheeting including corrugated steel • Chicken wire (except for use on permitted chicken coops) • Drywall • Cardboard • Particle board • Pallets • Chopped wood • Netting • Paper • Reflective surfaces • Jersey barriers and similar products • Silt fences, snow fences, orange construction fencing and similar materials • Any material that is not manufactured or originally intended to be used as fencing Silt fences, orange construction fencing, and similar materials shall only be allowed on construction sites or where deemed necessary to prevent soil erosion. Snow fences shall only be allowed between November I" and April 151h. Wire fencing shall only be allowed as a part of a panel fence. These fences shall be rigid and self-supporting, without the need for external guide wires or stakes. Wires shall be woven to run horizontal and vertical and be welded at their intersections to form a checkerboard like design. The wire shall utilize gaps that do not exceed four inches by four inches (4" x 4") in size so as to prevent external footholds and handholds. Each panel shall be framed with wood or decorative metal finishes and be no more than eight feet (8') in length. Unframed rolls of fencing or unframed fence panels shall be prohibited. The wire fencing material shall be framed on both sides so that the fencing material is centered within the frame. B. Maintenance: All fences shall be maintained in good condition and vertical position. Any missing, broken, incomplete, or deteriorated sections of fencing material or structural elements shall be replaced with the same quality of material and workmanship. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by a protective covering or treatment. If twenty-five percent (25%) of the surface is peeling, cracked, chipped, blistered, or weathered beyond effectiveness, the exterior surface shall be refinished. The entire surface shall be uniformly treated and maintained with the same quality of workmanship. (Amend. 12/6/05, Ord. 317) Any fence not in conformance with this subsection shall be declared a nuisance and repaired so as to be in conformance or removed by the property owner. 12-7-5: BARBED WIRE AND ELECTRIC FENCES: A. A security arm for barbed wire to a maximum of eight (8) feet may be permitted by Conditional Use Permit in industrial or business districts, or in any district when used exclusively for enclosing utility and substation sites. (Amended 7/21/20, Ord. 510) B. Barbed wire and electrical fences may be permitted on residential lots of two and one half (2.5) acres or greater and shall be exclusively for the use of containing farm animals, or pleasure/recreational animals, as defined in City Code. (Amended 7/21/20, Ord. 510) 12-7-6: EXEMPTIONS FROM PROVISIONS: Fences that are for the sole purpose of containing farm animals are not subject to the provision of this title. (Ord. 8PPPPPP, 8-20-2002; amd. 2003 Code; amd. Ord. 314, 10-4- 2005) 12-7-7: APPEALS: The Andover Review Committee of the City shall be and is hereby appointed the Board of Design Control for fences. The Board shall review all Fence Permit applications referred to it by the City of Andover Engineering Department upon a determination that the design, materials, or plan may violate the provisions of this Chapter or in situations where no such determination could be made by the Engineering Department. The Board may approve, conditionally approve, or disapprove the design, materials, or plan of any fence referred to it as it may deem necessary to carry out the purpose and intent of this Chapter. Any person aggrieved by the decision of the Andover Review Committee may take an appeal there from to the City Council. All other Titles, Chapters, and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this 15' day of October 2024. ATTEST: CITY OF ANDOVFR: 'KAis el a artner, City Clerk Sheri B ila, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.567 SUMMARY AN ORDINANCE ORDAINING AMENDMENTS TO CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 7: FENCES AND WALLS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of the Ordinance is to protect the public health, safety, morals and welfare of residents of the City of Andover. The amendments address issues of clarity, allows wire fencing in certain situations, and establishes an appeals process. GENERAL PROVISIONS AND Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 151" day of October 2024. ATTEST: � . N I (`t rj i� '11iNOR =1 Li CITY OF ANDOVER , Sheri 13ukkil a or