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Home My WebLink AboutOrdinance 773 ORDINANCE SUMMARY ORDINANCE NO. 773 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTERS 1102 and 1103 RELATING TO FENCES, RETAINING WALLS AND LANDSCAPING On August 14, 2006, the Mounds View City Council adopted an ordinance which amends Chapters 1102 and 1103 of the Zoning Code relating to fences, landscaping and retaining walls. The amendment adds definitions to the Zoning Code pertaining to landscaping and retaining walls, clarifies the locations which retaining walls and fences can be sited on a property and adds a section that prohibits certain types of fencing materials such as barbed wire, razor wire, electric fences or other fence materials that could pose a public safety • hazard. The full and complete text of this ordinance along with a supplemental map is on file at the office of the Clerk Administrator and is posted in its entirety on the City's website, located at www.ci.mounds-view.mn. us/ords/773.pdf. ~,`. r` ~ ~ < Kurt Irich, City Clerk-Administrator • ORDINANCE NO. 773 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 1102 AND 1103 OF THE MOUNDS VIEW ZONING CODE RELATING TO FENCES, RETAINING WALLS AND LANDSCAPING THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 1102.02 of the Mounds View Zoning Code pertaining to "Definitions" is hereby amended with the proposed additions underlined: 1102.02: DEFINITIONS: The following words and terms, wherever they occur in this Code, shall be defined as follows: • Subd. 58.5. LANDSCAPING: The aesthetic and physical improvement of land by the addition of berms, trees, shrubs, ground cover, crushed rock, wood chips, retaining walls and other functional, ornamental or decorative features, Subd.100.5. RETANING WALL: A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plantina area. SECTION 2. Section 1103.08 of the Mounds View Zoning Code pertaining to "Fencing Screening and Landscaping" is hereby amended with the proposed additions underlined: 1103.08: FENCING, RETAINING WALLS, SCREENING AND LANDSCAPING: Subd. 1. Height: No fence shall exceed eight feet (8') in height, and in the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade. Subd. 2. Intersections: No fences, structures or planting of trees or shrubs shall be permitted within thirty feet (30') of any comer formed by the intersection of street property lines or the right of way of a railway intersecting a street, except properly constructed chain link fences. Such chain link fences shall not exceed forty eight inches (48") in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five-eighths inches (1-5/8") nor more than two and one-fourth inches (2-1/4"). Such fences may follow the lot line to the lot comer. The thirty feet (30'} restriction noted above shall consist of the triangle formed by connecting the two (2) points on intersecting lot lines that are each thirty feet (30') from the lot corner. Ordinance 773 Page 2 Subd. 3. Location: a. Except as provided in subdivision Z above, fences not to exceed forty eight inches (48") in height may be located on any part of a lot. Fences not to exceed ninety six inches (96") in height may be erected on any part of a lot behind the front line of the principal building. The City Council may require or approve fencing up to ninety six inches (96") in height in a front yard to satisfy a buffer or screening condition of a development review or conditional use permit. (Ord. 658, 8-14-00) b. A fence or retaining wall shall be installed on the applicant's property. The fence or retaining wall shall not be installed directly over the property line but shall not otherwise be subiect to a setback requirement. Subd. 4. Landscaping Required: In all zoning districts, the lot area remaining after providing for off- streetparking, off-street loading, sidewalks, driveway, building site and/or other requirements- - shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. Subd. 5. Surface of Fences: Any fence shall be so constructed that the surface facing adjoining properties or public rights of way shall be of finished construction. Subd. 6. Required Screening: The fencing and screening required by this Title shall be subject to subdivisions 1 through 5 hereof and shall consist of either a fence or a green belt planting strip the height of which shall be sufficient to adequately shield the activity from the abutting • properties. a. A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight feet (8') in height. Earth mounding or berms may be used but shall be limited to an average of five feet (5') of the height of the required screen. The planting plan and type of shrub shall require the approval of the Planning and Zoning Commission based upon a recommendation of the Director of Public Works/City Engineer and Building Inspector. b. A required screening fence shall be constructed of masonry, brick, wood or steel. Such fence shall provide a solid screening effect and not exceed eight feet (8') in height or be less than six feet (6') in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Planning and Zoning Commission based upon a recommendation by the Director of Public Works/City Engineer and Building Inspector. S `~, a ~~ ~r~~~ k /1.tv~~. S . ~cC' c. Ground cover shall be established within c~ne-(9~ge~=foil6wing issuance of the building permit. Ground cover material shall be of such type as to control erosion. (1988 Code §40.04) Subd. 7. Prohibited Materials: a. Barbed wire, razor wire or other materials which could cause bodily harm shall be prohibited, and no fence or property shall be wired and designed to conduct and emit an electrical charge, except as allowed for below. Ordinance 773 Page 3 b. Exceptions: Facilities providing essential services or municipal and governmental services may erect barbed wire, or other materials having a similar deterrence, upon notice to properties within 350 feet and upon approval of the City Council SECTION 3. This ordinance is effective 30 days after its publication. First Read by the City Council of the City of Mounds View on this 12th day of June, 2006. Read and passed by the City Council of the City of Mounds View this 14th day of August, 2006. ATTEST: C (SEAL) APPROVED AS TO FORM: City Attorney Rob arty, Mayor Kurt Ulrich, City Administrator • • • ~~~~1~~~~ ®~ ~~~~~~~~~~~ state off 1Vlinnesota } ss Ca~mty of I~a~sey JESSICA ITALIANO ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NF,W BRTCTHTnN BITT.T,FTTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY ,the 23~ day of AUGUST, 20 06 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the Power case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 'ABCDEFGHIJKLMNOPQRSTUVWXYZ 'ABCDEFGHIJKLMNOPQRSTUV WXYZ 'abcdefghijklmnopgrstuvwxyz r- BY: TITL ACCOUN NG ASSOCIATE Notary Public Subscribed and sworn to before me on >z~ AUGUST 06 this 23 day of , 20 *Alphabet should be in the same size and kind of type as the notice. ,~~:, TONYA R. WHtTEHEAD Notary Public-Minnesota RATE INFORMATION ~.:~-. rx3s• My CommisstOn Exphes Jan 37, 2o1a (1) Lowest classified rate paid by commercial users for comparable space ............................................................$24.00 per col. inch (2) Maximum rate allowed by law for the above matter ...........................................$23.03 per col. inch (3) Rate actually charged for the above matter .......................................................$ per col. inch 1 /06 • ORDINANCE SUMMARY ORDINANCE N0.773 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTERS 1102 and 1109 RELATING TO FENCES, RETAINING WALLS AND LANRSCAPING On August 14, 2006, the Mounds View CNy Council adopted an ordinance which amends Chapters 1102 and 1103 of the Zoning Code relating to fences, Iand- acaping and retaining walla. The • amend-ment adds de}Initlons to the Zoning Code pertaining to landscaping and retaining walls, claritles the locations which retaln•Ing walls and fences can be aged on a properly and adds a section that prohlbRs certain types of }encing mater-Isla such as barbed wire, razor wire, electric fences or other }once materiels that could pose a publk: safety hazard. The }ull and complete text of this ordl- nanca is on file at the office of the Clerk Administrator and ie posted in Its entirety on the City'e webaite, located at: www.cl.mo~nda-vlew.mn.~a/orda/773;odf Kurt Ulrich, City Clerk-Administrator (Bulletin: Aug. 23, 2006) • • •