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HomeMy WebLinkAbout2025.07.21 ORD 2025-544 Amending Fence Ordinance ORDINANCE 2025-544 AN ORDINANCE AMENDING CHAPTER 90,ARTICLE, SECTION 90-227 AS IT RELATES TO FENCES TITLE: An ordinance adding to and amending Chapter 90, Article VI. —REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, Section 90-227. —Fences., Subsection(g).—Prohibited parking. THE CITY OF HUGO ORDAINS: The City Council of the City of Hugo does hereby amend Article VI REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, Section 90-227 FENCES. Removing items under Subsection(b): (b)Fences are allowed as an accessory use in all zoning districts of the city. No fence shall be constructed in the urban development area or on a parcel of land ten acres or less in size in the rural residential zoning district without a permit issued by the city building official. Amending items under Subsection(d), (e), (f), 0) and (o)to read as follows: (d)No fences shall be placed in a public road right-of-way, except temporary barriers authorized by public safety personnel, the city engineer, or the city public works director. (e)As to any fence(or any structure or landscaping), or any part thereof, installed or present within a public easement, the city may remove the fence(or order it removed at its own discretion) in the event that work needs to be performed within the easement free of any claims of cost, loss or damage. The city and any agent of the city shall be held harmless for any and all claims for damage to the fence, or part thereof, arising out of or relating to work performed in the easement, including but not limited to the removal of the fence or any part thereof. The city is not responsible or liable for the costs of repair, reinstallation or restoration of any fence or part thereof removed from the easement. (f) Fences (or any structure or landscaping), may not be placed within a public easement where public improvements are located, or where an easement provides access to a public improvement,without first receiving approval of an encroachment agreement by the public works director or other designee, along with proof that the agreement has been filed with the record for the property in the office of the County Recorder or Registrar of Title. 0) Barbed wire and cable fences are allowed only in the agricultural, long-term agricultural,rural residential, and future urban service zoning districts, except up to four strands of barbed wire may be used to top fencing at least six feet high in the industrial and restricted industrial zoning districts. Razor or ribbon wire is prohibited in all zoning districts. (o) All fences constructed or maintained in the city shall comply with the setback and height requirements found below: Ordinance 2025-544 Amended Fence Ordinance Fence Setback and Maximum Height Standards (in feet) AG, R-1, R-4, C-1 C-2 RI-I 1-3 RC-I LA, R-2, R-5 RR, R-3, FUS CR-3 Front None None 15 10 30 40 30 40 Yard Setback Side None None None None None None None None Yard Setback Rear None None None None 10 None None None Yard Setback Front 6 4 4 4 4 4 4 4 Yard Height Side& 8 6 6 8 8 10 10 10 Rear Yard Height Passed and adopted by the City Council of the City of Hup this 21'day of July, 2025. Tom Weidt, Mayor Attest: Michele Lindau, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss. COUNTY OF RAMSEY ) CITY OF HUGO ORDINANCE 2025-544 AN ORDINANCE AMENDING CHAPTER 90,ARTICLE,SECTION 90-227 Carter Johnson,beingfirst duly Sword,on Oath states as follows: AS IT RELATES.TO FENCES y TITLE: An ordinance .adding to and amending Chapter 90, Article VI. — 1. I am the publisher of the THE CITIZEN,or the publisher's REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, Section 90-227. — Fences., Subsection (g). — Prohibited designated agent. I have personal knowledge of the facts stated in parking. this Affidavit, which is made pursuant of Minnesota Statutes §33 1 A.07. THE CITY OF HUGO ORDAINS: The City Council of the City of Hugo does hereby amend Article VI REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE 2. The newspaper has complied with all of the requirements to constitute a STANDARDS,Section 90-227 FENCES. qualified newspaper under Minnesota law, includingthose requirements Removing items under Subsection(b): q (b)Fences are allowed as an accessory use in-all zoning districts of the found in Minnesota Statutes §331A.02. city. No fence shall be constructed in the urban development area or on a parcel of land ten acres or less in size in the rural.residential zoning district without a permit issued by the city building official. 3. The dates of the month and the year and day of the week upon which the Amending items under Subsection(d),(e),(f),0)and(o)to read as follows: public notice attached was published in the newspaper are as follows: (d) No fences shall be placed in a public road right-of-way, except temporary barriers authorized by public safety personnel,the city engineer,or the city public works director. Once a week,for one week,it was published on Thursday,the 7th day (e)As to any fence(or any structure or landscaping),or any part thereof, Of August,2025. installed or present within a public easement,the city may remove the fence .(or order it removed at its own discretion)in the event that work needs to be performed wjthin the easement free of any claims of cost,loss or damage. 4. The publisher's lowest classified rate paid by commercial users for The city and any agent of the city shall be held harmless fpr any and all claims for damage to the fence, or part thereof, arising out of or relating to work comparable space, as determined pursuant to §331 A.06,is as follows: performed in the easement, including but not limited to the removal of the fence or any part thereof.The city is not responsible or liable for the costs of repair,reinstallation or restoration of any,fence or part thereof removed from a) Lowest classified rate paid by commercial users for the easement. comparable space (f) Fences (or any structure or landscaping), may not be placed within a public easement where public improvements are located, or where an easement provides access to a public improvement, without first receiving b)Maximum rate allowed by law for the above matter approval of an encroachment agreement by the public works director or other designee,along with proof that the agreement has been filed with the record for the property in the office of the County Recorder or Registrar of Title. c)Rate actually charged for the above matter $ 14.69/inch 0)Barbed wire and cable fences are allowed only in the agricultural,long- term agricultural,rural residential,and future urban service zoning districts, except up to four strands of barbed wire may be used to top fencing at least 5. Mortgage Foreclosure Notices. Pursuant to Minnesota Statutes §580.033 six feet high in the industrial and restricted industrial zoning districts.Razor or relating to the publication of mortgage foreclosure notices: The ribbon wire is prohibited in all zoning districts. (o)All fences constructed or maintained in the city shall comply with the newspaper's known office of issue is located in Ramsey County. The setback and height requirements found below: newspaper complies with the conditions described in §580.033,subd. 1, Fence Setback and Maximum Height Standards(in feet) clause(1)or(2). If the newspaper's known office of issue is located in AG, R-1, R-4, C-1 C-2 RAI 1-3 RC-1 a county adjoining the county where the mortgaged premises or some part LA, R-2. R-5 of the mortgaged premises described in the notice are located,a substantial RX R-3, portion of the newspaper's circulation is in the latter county. FUS CR-3 Front None None 15 10 30 40 30 40 We are a qualified newspaper in the following counties:Anoka,Ramsey Yard and Washington Setback Side. None None None None None None None None FURTHER YOUR AFFIANT SAITH NOT. Yard Setback Rear None None None None 10 None None None BY: Yard TITLE: Carter Johnson,Publisher setback PRESS PUBLICATIONS Front 6 4 4 4 4 4 4 4 4779 Bloom Avenue Yard White Bear Lake,MN 55110 Height Side& 8 6 6 8 8 10 10 10 Subscribed and sworn to before me on this 7th day of August,2025. Rear Yard Height Passed and adopted by the City Council of the City of Hugo this 21 day of July,2025. Notary PubI44 Tom Weidt,Mayor Attest:Michele Lindau,City Clerk t"S 3T =PUEBLIC Published one time in The Citizen on August 7,2025. �wTb Misc:Affidavit-Citizen-1Wk.docx My 2030 .`.