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HomeMy WebLinkAbout2512-16 - ADMIN Ordinance - City Council - 2016/11/07ORDINANCE NO. 2512-16 ORDINANCE AMENDING CHAPTER 36 OF THE ST. LOUIS PARK CITY CODE RELATING TO SECTION 74 -FENCE REGULATIONS WHEREAS, The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16-28-ZA). WHEREAS, The St. Louis Park Ordinance Code, Sections 36-74 are hereby amended by adding underscored language and removing the stricken language. Section breaks are represented by ***. NOW, THEREFORE, THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. St, Louis Park City Code Chapter 36 is amended to add the following section: Sec. 36-74. Fences. *** (b) Fence location. (1) All fences shall be located entirely upon the private property of the party requiring or requesting the construction of the fence. It shall be the responsibility of the party installing the fence to ensure that it is constructed on their private property. *** (c) Fence design. (1) Fences shall be constructed so the finished side of the fence is facing towards the neighboring properties exposing the structural side to the party requesting the fence Alternating board fences which have the structural elements equally visible on both sides shall be considered as complying with this section. (2) Permitted materials. Fences must be constructed of materials designed for permanent outdoor fencing including but not limited to wood, metal, bricks, masonry, and rigid plastic or vinyl Wood fences must be constructed of naturally decay resistant wood such as cedar or redwood or wood treated by the manufacturer to be decay resistant. (3) Prohibited materials Fences must not be constructed from razor wire wood not manufactured for exterior use or materials originally intended for other purposes. Above ground electric fence is not permitted. Barbed wire is permitted only on top of fences in nonresidential districts a minimum of six feet above the natural grade. Chain link or metal wire fencing finer than 11 -gauge in diameter is prohibited. (4) Exceptions. The following fences are exempt from the design requirements: a. Snow fences when used by institutional and public land uses exclusively for control of snow between November 1 and April 15. b. Chicken wire fencing when used to enclose a garden. c. Fences used to secure a construction site. Ordinance No. 2512-16 -2- d. Fences used to protect vegetation during construction. e. Fences used to control erosion. f. Fences used to provide screening of a patio or placed in landscaping for decorative purposes subject to the following conditions: i. The fence shall be located in the side or rear yard. ii. The fence shall be located at least three feet from the property line. g. Chain link and metal wire fences utilizing wood for the support structure shall install the chain link and metal wire on the fence owner's side of support structure. (d) Height. The height shall be measured from the side of the fence with the lower ground level to the top of the fence or wall section. When there is a grade change between posts, then h+411e ease whefe a f neo was var-iable hei&s or where the graiind slopes, the height of the fence shall be the average of the height measurements taken where the fence panel meets each post, but in no case shall the height of any one point exceed six inches above the maximum allowed by this section. Fence posts may exceed eight inches above the maximum allowed by this section. (3) Where a fence is attached to a retaining wall structure, the retaining wall shall be included in the fence height measurement. (e) Exceptions. (2) A fence or wall maybe up to eight feet in height if placed in any side or rear yard in an R district which abuts property in the C, O, BP or I districts, or abuts a railroad right-of- way, school, church, or other public building. ci�.zrs rFMEra TOM PAr_zeesEFF (f) Construction and maintenance. Ordinance No. 2512-16 -3- (12) Both sides of the fence shall be maintained in a condition of good repair. (23) Any fence that is potentially dangerous to the public safety or health by reason of construction or sharp projections or protrusions shall be removed or repaired. (4) Any Fenee er-feet ' height ..hall be a «..tmeted of a « metallie material and ..1.,.11 be 90 pereent opaque, unless the fenee is used for seell-rity purposes in the 1 distriets. (5) Any fenee or wall eenstmeted ever- six feet in heigM shall be eensidered a stxuature; require a building pefmit, and meet all unifeffa Wilding eede r-equirements for a . SECTION 2. This Ordinance shall take effect fifteen days after its publication. Public Hearing July 20, 2016 First Reading October 17, 2016 Second Reading November 7, 2016 Date of Publication November 17, 2016 Date Ordinance takes effect December 2, 2016 Atte Mehss Kennedy, Jerk City Council (DATE) Wpproved as to Form and Execution: Soren Mattiek, City Attorney AFFIDAVIT OF PUBLICATION CITY OF ST. LOUIS PARK SUMMARY STATE OF MINNESOTAORDINANCE ) ss NO. 2512-16 COUNTY OF HENNEPIN AN ORDINANCE RELATING TO FENCE REGULATIONS This ordinance amends fence Charlene Vold being duly sworn on an oath, regulations by establishing and states or affirms that he/she is the Publisher's clarifying materials that can be Designated Agent of the newspaper(s) known used to construct a fence. This ordinance shall take effect as: 15 days after publication. Adopted by the City Council No - SS St Louis Park vember 7, 2016 /a/ Jake Spano with the known office of issue being located Mayor A copy of the fun text of this ordi- in the county of: nance is available for inspection HENNEPIN with the Clty Clerk. with additional circulation in the counties of:Published in the St. Louis Park Sun Sailor HENNEPIN November 17, 2016 and has full knowledge of the facts stated 621674 below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 11/17/2016 and the last insertion being on 11/17/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Il/�II � (, By:awuu Designated Agent Subscribed and sworn to or affirmed before me on 11/17/2016 by CharleneVold. Notary Public vwvwvWw.`^�w4��DARLENEMARIEMACPHERSON q agt'�' Notary Publlc-MlnfaMy Go.,mlon Eaplroo Jan 31, 5018 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 621874