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Home My WebLink About2022-465 Ordinance Amending the Text of Sections 1020.020 and 1060.080City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2022-465 Motion By: Nichols Seconded By: Vehrenkamp September 22, 2022 AN ORDINANCE AMENDING THE TEXT OF SECTIONS 1020.020 AND 1060.080 OF THE ZONING ORDINANCE OF THE CORCORAN CITY CODE RELATED TO LOT DEFINITIONS AND PERFORMANCE STANDARDS FOR FENCES AND WALLS (CITY FILE 22-033) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the Cit Code. The text of Section 1020.020 of the Corcoran City Code is hereby amended by removing the material and adding the underlined material as follows: 1020.020 —DEFINITIONS LOT, FRONTAGE: A lot lin abutting a private street or private drive. the ri�ht- f-way of a publi street or LOT LINE, INTERIOR: A lot line that does not aualifv as a lot frontage. roperty/easement line of LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot measured at the front lot line or ordinary high-water level of the shoreline. For lots on a cul-de-sac, the lot width shall be measured at the required minimum front setback. SECTION 2. Amendment of the City Code. The text of Section 1060.080 of the Corcoran City Code is hereby amended by removing the material and adding the underlined material as follows: 1060.080 -FENCES AND WALLS Subd.1. General Provisions. Except as otherwise provided herein, all fences and walls within the City shall be subject to the following general provisions: A. No fences or walls shall be placed on or extend into public rights -of -way: easements, or onto public proper . except by means of an encroachment agreement or other mechanism approved by the City. The approval or denial of such an agreement shall be solely within the City's discretion. B. That side of any fence or wall considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way. C. Both sides of any fence or wall shall be constructed to allow for adequate access and maintenance and shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. D. No physical damage of any kind shall occur to abutting property during installation unless it is allowed under agreement with the adjacent property owner. Page 1 of 4 City of Corcoran County of Hennepin State of Minnesota September 22, 2022 ORDINANCE NO. 2022-465 E. A permit is required for all fences (except hedges and plantings) or walls to be constructed on or within a drainage and utility or ponding easement, 25-feet from lot frontages, and 10 feet from interior lot lines. A certificate of survey maybe required unless corner property stakes are in place and marked and a survey is filed with the City. Additionally, retaining walls shall not be placed within any drainage or ponding easement unless also reviewed and approved by the City Engineer. F. A building permit is required for the following: 1. Fences over 7 feet in height, measured from grade to the top offence, shall require a building permit. 2. Retaining walls over 4 feet in height, measured from the bottom of the footing to the top ofthe wall, or 3. Retaining walls supporting a surcharge of impounding Class I, II, or III -A liquids. G. Specific Fence Standards. Except as otherwise provided herein, fences may be allowed subject to the following specific standards: 1. Fences constructed of materials with opacity of up to 100% and not exceeding 7 feet in height may be located no closer than 25 feet to lot frontages or the principal structure setback of the underlo�g zoning district, whichever is less, except when the lot frontage is along a County Road. The setback along a County Road is 100 feet but can be reduced to 60 feet with additional landscaping, as provided in Section 1060.070, Subd. 2(K� `�a��hin,-a tho minim�im Frnnt 2. Fences with opacity of less than 50% (e.g., wrought iron, chain link, split rail) and not exceeding 4 feet in height maybe located within a required front yard ��rx� 3. Fences over 7 feet in height shall meet all building setback requirements for the zoning district in which it is located. 4. Fences not exceeding 7 feet in height, for uses other than one- and two-family dwellings, may be permitted in front of the front building line as established by the primary structure on the lot, when required for screening of adjacent property. In such cases, the required front setback for the fence shall be the same as for the use that it is intended to buffer. interfere with b� �n�� a 30-foot sight visibility triangle, as fence define Section 1060.090, Subd. 2, from intersections and driveways on the and adjacent pr ies. shall d by rr�s�ra 6. Fences which include a security gate at a point where access is provided to the property and principal building maybe approved if necessary and appropriate as part of the site plan review. 7. Fences for agricultural uses on properties at least 10 acres in size are not subject to the requirements of this Section. Page 2 of 4 City of Corcoran County of Hennepin State of Minnesota •'� � �1 �. September 22, 2022 H. Swimming Pool Fences and Barriers 1. All fences and barriers forswimming_Pools, hot tubs, and spas, as definE Minnesota Building Code, shall comply with the following regulations: I . a. All permanent swilM 1 1 d d 1 pools, shall be surr bvthe ming_Poo s, inc u e ingrown Poo s and above round ended by a fence or wall not less than 4 feet in height, and with openings, holes, or gaps no greater than 4 inches in either vertical or horizontal direction. The fence shall �4- v��rYi��i r+�im�� i ��i��v.�►-� A building or accessory building maybe used as Part of the enclosure. All gates or doors to such enclosure shall be eauippedwith aself-closing and self -latching devise for keeping the gate or door securely closed at all times when not in actual use and shall be Provided with hardware for Permanent locking devises, except that the door of any dwelling which forms a Part of the enclosure need not be so equipped. Pool gates shall be locked when the Pool is not in use. 2. Exemptions: a. Swimmin ools or spas for which a building permit ha or before the effective date of this Section. Swimming pools or spas secured with a code compliant saf determined by the Building_Official. An aboveground Pool with a wall on eater than 4 feet in height does n v b require a fence if the wall cannot be readily climbed by children and the pool can be secured while not in actual use. Specific Wall Standards. Except as otherwise provided herein, landscape and retaining walls maybe allowed subiect to the followin 1. All retaining walls shall compl Building Code as amended. ific standards: with the regulations in the Minnes State All walls adiacent to wetlands shall be setback in accordance with Section 1050.010 of the City Code as well as State and Federal wetland buffer e regulations as amended. 3. A Permanent barrier shall be required at the top of retaining walls if the height of the drop-off is greater than 30 inches and the top edge of the drop-off is located in a right-of-way or within five feet of a Public sidewalk, trail, or other Public area deemed to Pose a hazard. The barrier shall be included as part of the engineered design where applicable. 4. All walls shall be maintained in sound and good repair and free from loose boards/blocks/boulders, breaks, or gaps not otherwise intended in the on 7inal design of the wall. The wall shall be free from anv defects or condition which makes the wall hazardous. 5. All wooden walls shall be made of treated or decay resistant wood. 6. All walls shall be accompanied with an appropriate drainage system to adequately relieve water pressure behind the wall and Provide for proper drainage. Page 3 of 4 City of Corcoran County of Hennepin Sfafe of Minnesota ECTION 3. Effecti This Ordinance shall be in full force and effect upon its adoption. A®OPTE® by the City Council on the 22nd day of September, 2022. VOTING AYE ® McKee, Tom ❑ �ottema, Jon ® Nichols, Jeremy ❑ Schultz, Alan ® Vehrenkamp, ®ean ATTEST: Michele Friedrich —City Clerk September 22, 2022 VOTING NAY U McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean -- f Tom McKee -Mayor City Seal Page 4 of 4