HomeMy WebLinkAboutOrd #140-3rd Ser/An Ordinance Amending 78-1405(a)(8) Defined Fence Height Fence Location Fence Materials Temporary FencesORDINANCE NO. 140, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING
ORONO ZONING CODE SECTION 78-1405(a)(8) REGARDING
DEFINED FENCE HEIGHT, FENCE LOCATION,
FENCE MATERIALS & TEMPORARY FENCES
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 78-1405 of the City of Orono Zoning Code entitled
"Nonencroachments" is hereby amended by adding and deleting the following language to
Subsection 78-1405(a)(8) as follows:
"(8) Fences erected in all zoning districts are considered as a nonencroachment when they
conform to the fellewing standards listed below. For the purposes of this section, the
following definitions shall apply:
Permanent Fence - A fence that is installed in a fixed or enduring manner that is not intended
for a seasonal or tmpoLW pMose.
Tgmpopa Fence - A fence that is not permanently secured or anchored to the ound by P.Qsts
or affixed footings, and is installed and removed on a limited term or seasonal basis such as:
snow fences, garden fences, seasonal recreational fences such as hockey boards; fences
installed for safety or access management purposes for special events; and fences installed for
the duration of a construction project such as silt fences, erosion control bioretention logs and
septic drainfield site protection fences.
Fence Height - The measurement from the top of any part of the fence, including posts or
other structural supports, lattice, ornate top design_ elements, and so forth measured to the
cxistin ade below the fence as measured endicular to the sloe see Drawing).
Exc tion: Post finials extending above the tgp of the fence shall not be deemed as part of
the fence for height determination purposes as longay do not exceed 10 (ten) inches in
width per finial and do not extend above the top of the fence by more than 10% (ten percent)
of the allowed maximum fence height at that location.
a. Nonlakeshore lots.
1. Fences and walls within a required front yard or side street yard shall not exceed a
height of 42 inches above original grade.
2. Fences and walls within a required rear or side yard shall not exceed a height of six
feet above original grade.
b. Lakeshore lots.
1. Fences within the required street (rear) yard or side street yard of a lakeshore lot
shall not exceed 42 inches above original grade. Exception: A fence not exceeding
six feet in height maybe located along the street lot line of a lake frontage lot which
abuts a major thoroughfare. A major thoroughfare for purposes of this section
means any county road or state highway. If such fence involves fill or berming, the
total combined height of both fence and fill shall not exceed six feet above the
height of the crown of the major thoroughfare.
2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in
height, and shall not exceed 42 inches in height for any portion located lakeward of
the aver -age lakesher-e sethaek line sh-mill ;-;-At- expe-eed 42 inehes in heigM. The term
a line drawn between the most lakeward
projection of the fence owner's principal residence structure and the most lakeward
projection of the adjaee t nuc ete principal residence structure on the adjacent
property abutting the side yard in which the fence is located.
3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot,
i.e., shall not be located within 75 feet of the shoreline for general development
lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes.
4. When the building site of a lakeshore lot is separated from the lakeshore by a public
or private road, the following definitions will apply for fence location purposes
subject to the provisions of Section 78-1405(a)(8)a.2: When the yard on the
ppposite side of the building site from the lake does not abut a street such yard
shall be considered as a standard rear yard. The yard between the building site and
the street shall be considered as a standard front yard.
c. Special provisions. Split rail fences of no more than three rails within a required front,
street or side street yard may have a maximum top rail height o£48 inches above original
grade. Board rail fences within a front, street or side street yard for the specific purpose of
enclosing permitted domestic animals may have a top rail height of 60 inches and shall be
no more than 50 percent opaque.
d. Intersection sightline obstruction prohibited No fence shall be installed so as to obstruct
a required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a dangerous
condition.
2. Fences shall be installed with the finished side facing neighboring properties or the
street. The term "finished side" means that side having no structural supports.
3. Fencing materials shall consist of permanent all weather products.
4. Temporary fencing shall not be allowed to remain on the property following final
inspection. or issuance of a Certificate of OcMangy fora permitted construction
project, or rotection of property during a similar project or winter conditions.
Winter conditions shall be defined as October 15 through March 31 of the
following year. Temporary fencing associated with a special event shall be
removed within 7 days of the end of such event. Temporary fencing materials
shall not be allowed to remain on a permanent basis on a parcel.
5. Existing fences that are legal nonconforming as to location, height, design or other
characteristics malplaced in kind.
SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this 23'd day of March, 2015 on a vote of 4 ayes and 0 nays by the City
Council of Orono, Minnesota.
ATTEST:
iegs, City Clerk
A& I
��-
Lili Tod McMillan, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of March 29, 2015.
Ordinance No. , Third Series
Drawing
Fence Height Measurement on Sloped Site