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5. discussion on regulation of fences in shoreland and st. croix river districts Staff Report Date of Meeting: January 8, 2018 To: Planning Commission From: Neil Soltis, Administrator Re: Regulating fences in the shoreland zoning district Background: At the November meeting there was a discussion on notable changes from the previous shoreland ordinance. The Commission felt that the language from the previous ordinance should be added back into the development code. The language in the draft ordinance the follows incorporates the language into the section in Chapter 2 of the development code that regulates fences,. Fences: The model ordinance and current ordinance are silent with regard to fences. Absent any amendments the language in Chapter 2, Section 3.5(2) of the Development Code would apply. The previous shoreland ordinance contained the following language. The significant change is that currently there are not restrictions from constructing a fence to the ordinary high water mark. EFFECTIVE NOVEMBER 3, 2010 amended through October 16, 2018 (Ordinance 201) Chapter Two Zoning Regulations _________________________________________________________________________________________________________________ City of Scandia Development Code, Chapter 2 43 on a boulevard or open yard space with the permission of the owner of the property for up to 72 hours. (C) Vacant Lots. No personal property, vehicles, recreation equipment, large recreational vehicles, recreational camping vehicles, lumber or materials (except during the process of construction of a structure) shall be kept or maintained on any lot or property on which a permanent structure is not located, unless the vacant lot and adjoining lot with the primary structure are under common ownership. (D) Shipping Containers. No more than one shipping container, intermodal shipping container or freight container may be stored in a side or rear yard in all zoning districts, provided that any such side yard storage shall not be adjacent to a street and all setbacks are met. The container may be located on the property for a period not to exceed six (6) months per year, while storage is required for remodeling or other activities relating to the property. 3.5 Fences (1) General Performance Standards. Fences are permitted in accordance with the following regulations: (A) Fencing shall comply with the Scandia Architectural Design Guidelines, as applicable. (B) That side of the fence considered to be the face (finished side as opposed to the structural supports) shall face the abutting property. (C) No fence shall be constructed on public rights-of-way. (D) Fences shall not impede the view of the roadway from a driveway providing access to the road. (E) Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. (F) Fences which exceed 6 feet in height are permitted by an Administrative Permit, except in a yard area abutting a road right-of-way. No fence shall exceed 12 feet in height. (G) Fences may be placed along a property line provided no physical damage of any kind results to abutting property. (2) On properties located in the Shoreland Overlay District or St. Croix River District that either have lake or river frontage, fences shall comply with the following standards: (A) An Administrative Permit is required prior to the construction of any fence on these properties. (B) Within the non-buildable setback, fences shall be allowed along the side lot lines, but shall not exceed 6 feet in height from the finished ground grade. EFFECTIVE NOVEMBER 3, 2010 amended through October 16, 2018 (Ordinance 201) Chapter Two Zoning Regulations _________________________________________________________________________________________________________________ City of Scandia Development Code, Chapter 2 44 (C) Within the buildable area of the property, fences shall have a maximum height of 6 feet from the finished ground grade. (3) Fences are permitted along a property line abutting a road right-of-way in accordance with the following: (A) On properties that are being used for agriculture, a fence may be constructed up to 6 feet in height provided the fence is a wire strand, woven wire or wood rail fence. (B) On properties where the primary use is residential, commercial or industrial, fences shall not exceed 4 feet in height. Fences within the non-buildable setback area and less than 20 feet from the front property line shall not exceed 4 feet in height. 3.6 Land Alteration and Grading (1) Purpose. The purpose of this section is to establish regulatory requirements for land development and land disturbing activities and to minimize potential threats to public health, safety, public and private property and natural resources within the City from construction site erosion and sedimentation. (2) Applicability and Required Permits. Any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision proposing a land disturbance activity within the City shall apply to the City for an Administrative Permit for Grading and Erosion and Sediment Control. No land shall be disturbed or developed until the permit is granted by the city and conforms to the standards set forth in this code. A grading and erosion and sediment control plan shall be submitted and an Administrative Permit obtained for the following activities: (A) Land alteration and grading of 10 cubic yards or more of material added to or removed from the site or excavated within the site; and/or the disturbance of land area of 600 square feet or more. (B) All major or minor subdivisions. (C) designated wetland or public water, wetland setback area, bluff setback or bluff impact area, floodplain, shoreland district or the St. Croix River District. (D) Any land alteration or development activity, regardless of size, that the City determines is likely to cause an adverse impact to an environmentally sensitive area, to another public property or to a City right-of-way. (3) Exemptions. A permit is not required for the following: (A) Installation and maintenance of home gardens or minor landscaping where the total volume of earth disturbed does not exceed 10 cubic yards of graded or fill material added to or removed from the site or excavated within the site. (B) Routine agricultural activities such as tilling, planting, harvesting, and associated activities. Ordinance No. xxx Page 1 of 1 CITY OF SCANDIA ORDINANCE NO.: XXX AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 3.5(2) REGARDING FENCES IN THE SHORELAND OVERLAY DISTRICT OR THE ST. CROIX RIVER DISTRICT The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1.0 Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 3.5(2), Fences, shall be amended as follows: (1) On properties located in the Shoreland Overlay District or St. Croix River District that either have lake or river frontage, fences shall comply with the following standards: (A) An Administrative Permit is required prior to the construction of any fence on these properties. (B) Within the non-buildable setback, fences shall be allowed along the side lot lines, but shall not exceed 6 feet in height from the finished ground grade. No fence shall exceed 4 feet in height unless all required building setbacks are met. If the fence is located so as to meet required building setbacks, a 6-foot high fence is permitted. (C) Within the buildable area of the property, fences shall have a maximum height of 6 feet from the finished ground grade. No fence shall be constructed closer to the lake / river than the required lake / river setback requirement unless the existing home is located closer to the lake / river than the required setback in which case the fence may be constructed even with the lake / river side of the home. Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this xx day of xxxxxx, 2019. Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk