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5. Discussion on regulating fences in the Shoreland and St. Croix River districts�y e— SCANDIIA Staff Report Date of Meeting: February 5, 2019 To: Planning Commission From: Neil Soltis, Administrator Re: Regulating fences in the shoreland zoning district Background: When the Shoreland Ordinance was approved in 2018, the ordinance did not contain the regulations on fences that were contained in the previous shoreland ordinance and, consequently, the regulation of fencing in the shoreland district is currently governed by the language in Chapter 2, Section 3.5(2) of the Development Code. The language is as follows: (2) On properties located in the Shorelmid Overlay District or t_ Croix Rii-er District that either have lake or river frontage, fences shall comply. with the follol--ing standards: (A) An Administrative Permit is required prior to the coristrmtion 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. City of5camdiaDebd�Cnde�,Chap6ff2. EffT-C= NOVEMBER 3, 2010 mwrdsd danngh O=bw 16, 2018 PnAwm" 203) Chaptu Tcoa 0 Zamiag R agulz6am () Within the buildable area of the propem, fences shall have a rn—q=um height of b fleet from the fitushed s�round grade. 43 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. ATrmd 121007 SECTION 16. FENCE Chqlpr RveaRmlmd MmgmenLRegukuxc 16.1 In addition to the standards contained in Chapter 2 of the City of Scandia Development Code, the following standards must also be met on shoreland property. 16.2 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. 16.3 No fence shall be constructed closer to the lake than the required lake setback requirement unless the existinghomeis located closerto the lakethan the required setback in which case the fence maybe constructed even with the lake side of the home. The proposed ordinance would amend Chapter 2, Section 3.5(2) of the Development Code to allow for fencing of up to 6' in height when all building setbacks are met and 4' in height when the building setbacks are not met. Additionally, the ordinance would restrict fences from being erected closer to the lake or river then the lesser of the building setback or the lake or river side of the house 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. roix River Dis tether have lake or river frontage, fences shall comply witAe fol owing dards: (A) An Administrative Permit is required prior t construction of any fence on these properties. *46 (B) , but shall not exeeed 6 feet in height ftem the finished gt:ottfid gfad . 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. f � (C) , fon! shall 1---e a mw6mum heigh4 of 6 feet ftem the finished ground gr-ade. 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 house. Section 2. Effective Date. publication according to lai Passed and adoatcLbv the This ordinance shall be in full force and effect upon its adoption and Council of the City of Scandia this xx day of xxxxxx, 2019. Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk Ordinance No. xxx Page 1 of 1