3E - Ordinance Amendment Establishing Fence Standards in Shoreline Residential Zone

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STAFF REPORT Application: Ordinance Amendment Establishing Fence Standards in the Shoreline Residential Zone Agenda item:3(e) Background: The City regulates fences in two areas within the Ordinance. The first is in Section 7.3 of the performance standards,which reads as follows: 7.3 Fences. 1. Safety Hazards. Fences shall not be erected where they create a visual safety hazard in the opinion of the Zoning Administrator. Fences shall not be electrified or contain barbed wire except in areas where contact with the general public is not anticipated. 2. Location and Orientation. All boundary line fences shall be entirely located upon the property of the person constructing such fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties. Fences on property lines will require a survey to determine location. Fences may not be placed within a shore or bluff impact zone. 3. Construction. The "good side"of the fence shall face abutting properties, meaning that the posts shall face in toward the property on which the fence sits and the finished face of the fence shall face abutting properties. 4. Height. Height is regulated for each district in Section V. 5. Maintenance. Fences shall be maintained to retain their aesthetic quality, screening abilities,and function. Missing boards,rusting wire and posts,and peeling paint shall be taken care of at the owner's expense as they occur. If the fence is within two feet of a property line, the adjoining property owner abutting the fence is allowed to finish the side of the fence facing their property. The second area is within Section 5 where standards are defined for individual zoning districts. The Ordinance contains standards for most zoning districts, but not for the Shoreline Residential district. Summary o[Exis1ing Standards Height Outside Height within Barbed and Construction within Zone Lake Setback Lake Setback Electric Wire 10 feet of road 0S WR RR 60 in. 36 in. Not where human contact anticipated Prohibited TR 60 in. 36 in. Not where human contact anticipated Prohibited C 84 in. PC approval needed Prohibited CS 60 in. 36 in. Prohibited Prohibited REC 1 60 in. 36 in. PC approval needed Prohibited Discussion: After reviewing these standards and having discussion with the Planning Commission, the Staff recommends the following changes be prepared as an Ordinance City of Pequot Lakes Staff Report 5-1 November 15,2007