09-13-2022 Bill No. 2022-12Bill No. 2022-12 1
BILL NO. 2022-12
AN ORDINANCE AMENDMENT MODIFYING THE ZONING CODE
IN RELATION TO FENCES, WALLS, AND HEDGES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 509.15, “Fences, walls, and hedges”; is hereby amended to
read as follows:
Subdivision. 1. General rule. A fence, wall, or hedge may occupy a lot as
provided in this subsection.
Subd. 2. Definitions.
a) "Hedge." A row of shrubbery which forms or is intended to form a
barrier.
b) "Wall." This term includes retaining walls, freestanding walls, and
decorative or privacy walls.
c) "Height of fence." Fence height is measured to include the body of
the fence, plus allowing a maximum of six (6) inches (on average
between posts) above the natural grade (i.e., for drainage
purposes). Fence posts are permitted to extend a maximum of six
(6) inches above the body of the fence.
(Amended, Bill No. 2014-4)
Subd. 3 General Provisions.
a) All fences must be located entirely within the lot lines of the
subject site. (See also Subd.6.) It is the owner’s responsibility to
locate the relevant property corner stakes prior to installation.
b) All fences, walls, and hedges shall be maintained and kept safe
and in a state of good repair.
c) Fences and walls shall be erected with a finished side facing away
from the center of the property.
d) Provisions shall be made for gates or openings to provide access
maintenance where necessary, such as through lots.
Subd. 34. Height.
a) No Fence, wall, or hedge more than four (4) feet in height shall be
constructed or permitted to grow in the front yard. forward of the
front line of the principal building extended to the side lot lines;
b) On corner lots, fences or walls located in the side yard abutting a
street may not exceed four (4) feet in height.
c) Fences or walls located in the rear yard along the side lot line
abutting a street may be:
Bill No. 2022-12 2
i. four (4) feet in height when located up to the property line
(See also Subd.6.); or
ii. six (6) feet in height when located 3 feet from the property
line.
d) No fence or wall more than six (6) feet in height shall be
constructed. elsewhere on the lot; except that in “C-2” and “I”
districts the maximum height shall be eight (8) feet. A building
permit shall be required for fences and walls over six (6) feet in
height; and
e) Whenever a fence and wall are used in combination, or placed
upon a berm, the combined height shall not exceed the permitted
heights outlined in the paragraphs a) and b) above. For the
purposes of this clause, fences placed within three (3) feet of a
berm or wall shall be considered to be used "in combination" with
said berm or wall (Amended, Bill No. 2011-13).
Subd. 45. Corner lots. Fences, walls, and hedges located on any corner
lot are subject to the traffic visibility requirements described in subsection
925.01 of the City Code.
Subd. 56. Setback requirement. Fences, walls, and hedges located along
a right-of-way which contains a public sidewalk, or located along a street
or alley, shall be set back not less than three (3) feet from the nearest
edge of such sidewalk, street, or alley. See also Subd.3.a of this Section.
Bill No. 2022-12 3
Subd. 67. Prohibitions. Barbed wire and electric wire fences are
prohibited in all districts. Fences shall not be constructed from chicken
wire, welded wire, branches, or materials originally intended for other
purposes, unless a showing of a high degree of architectural quality is
achieved through the use of such, and prior approval is granted by the
Director.
Subd. 78. Chain link. Chain link fences shall have a top rail and the
barbed ends shall be toward the ground. Inserts or slats woven through
such fences shall be kept in a good state of repair.
Subd. 89. Posts. Posts and stringers on any fence located at or near the
lot line shall be on the inside of the fenced area unless designed as an
integral part of the fence. Posts for wooden fences shall be spaced at
intervals not to exceed eight (8) feet. Posts for chain link fences shall be
spaced at intervals not to exceed ten (10) feet. (Amended, Bill No. 1999-
3)
Subd. 910. Construction and maintenance. Fences and walls shall be
constructed of durable, weather resistant materials that are properly
anchored. All fences and walls shall be maintained in a condition of
reasonable repair and shall not be allowed to become and remain in a
condition of disrepair, danger, or constitute a nuisance.
Subd. 1011. Required screening. Any fence or wall required as a
screening device shall be constructed of decay resistant materials that
provide screening to the extent required by this Code. (Amended, Bill No.
2011-13)
Subd. 1112. Certain structures. Fences and walls legally existing on or
before March 20, 1982, may continue to exist and to be repaired and
maintained.
Subd. 12. Special Fence Exception. The Director may consider a special
fence exception to the restrictions of Section 509.15 in instances where:
a) On a through lot, where the proposed fence or wall does not affect
the continuity of neighboring front yards.
b) Whether the size, configuration or other unusual characteristics of
the lot requires an exception from the zoning requirements in
order to provide a reasonable enclosed area without creating
significant harm to adjacent properties or the neighborhood.
c) The review process for the special fence exception request shall
follow the procedure detailed in Section 547.19.
d)
Section 2 Subsection 547 of the Richfield Zoning Code is amended to add a new section
as follows:
547.19 – Special Fence Exception
Bill No. 2022-12 4
Subdivision 1. Purpose. The purpose and intent for allowing a special exception
of fence restrictions applies to through lots that possess unique and special
circumstances that make it impractical to meet the zoning requirements.
Subd. 2. Application. An application for a special fence exception shall be made
to the Director on forms provided by the City. The Director or staff will determine
if an application is deemed complete. Submitted applications shall be
accompanied by the following:
a) Evidence of ownership or an interest in the property;
b) Accurate legal description;
c) One (1) full-size legible plan regarding each of the following aspects of
the project (All submitted plans shall be signed by a registered architect,
civil engineer, landscape architect, or other appropriate design
professional):
i. Boundary survey with existing conditions; and
ii. Site plan or landscaping plan with proposed improvements.
Subd. 3. General criteria and standards for review. In evaluating an application,
staff or the Director shall consider its compliance with the following:
a) Consistency with the various elements and objectives of the City's long
range plans, including, but not limited to, the Comprehensive Plan;
b) Consistency with the purposes of this Code;
c) Demonstrates unique and special circumstances that make it impractical
to meet the fence requirements described in 509.15.
d) Does not create significant harm to adjacent properties or the
neighborhood.
e) Preservation of the site in its natural state, insofar as practicable, by
minimizing tree and soil removal, and designing any grade changes so as
to be in keeping with the general appearance of neighboring developed or
developing areas.
Subd. 4. Fee. The fee for a special fence exception is set by Appendix D of the
City Code.
Subd. 5. Decision. The Director may approve or disapprove a special fence
exception application as submitted or may require that the applicant modify, alter,
adjust, or amend the proposal.
Section 3 Appendix D of the Richfield Municipal Code is amended as follows:
Appendix D – License, Permit and Miscellaneous Fees
ZONING, LAND USE AND RELATED CHARGES
Type of Permit
or License
Section
Requiring
Description Fee
(17) Special Exception
Review for Fences or
Walls
509.15 Subd.13 A special fence exception may be
issued per the restrictions of Section
509.15 for corner lots or through lots.
$250.00
Bill No. 2022-12 5
Section 4 This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Passed by the City Council of the City of Richfield, Minnesota this 13th day of September, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AFFIDAVIT OF PUI|LICATION
STATE OF MINNESOTA )
COLINTY OF HENNEPIN
CITY OF RICHFIELD
SUMMARY PUBLICATION
BILL NO.2022-12
AN ORDINANCE
MODIFYING
THE MUNICIPAL CODE
IN RELATION TO
FENCES, WALLS
AND HEDGES
This summary of the ordinance
is published pursuant to Section
3.12 ot th€ Richfield city charter.
This ordinance, which amends
Zoning Code Subsection 509.15,
"Fences, Walls and Hedges", Zon-
ing Code Subsection 547 "Admin-
istration", and Appendix D "Li-
cense, Permit and Miscellaneous
Fees", does the following: rcquires
that the finished side of the fence
face out; limits height along comer
side yads to lour feet unless lo-
cat€d behind the principal building
and setback ftom the property line;
and allows the Community Devel-
opment Director to grant a special
exception to fences on through lots
in certain circumstances, and de-
scribes the procedure for such.
Copies of the ordinance are
available for public inspection in
the City Clerk's office during nor-
rnal business hours or upon rc-
quest by calling the Department of
Community Development at (612)
861 -9760.
Adopted by the City Council of
the City of Richfield, Minnesota this
1 3th day of Septembel, 2022.
Published in the
Sun Cunent
Seplembet 22,2022
1 2s901 4
ss
Debbie Schwalba being duly sworn oD an
oath, states or alfirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) krown as:
SC Bloomington Richfield
with the known ollice of issue being located
in the county ofi
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. $331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 09D42022 and the last
insertion being on 0912212022.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. $580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in $580.033,
subd. l, clause (l) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspap€r's
circulation is in the latter county.
Desipated Agent
Subscribed and sworn to or alfirmed before
me o10912212022 by Debbie Schwalba.
Notary Public
Rate Information:
(l) Lowest classilied rate paid by commercial users
for comparable space:
$34.45 per column inch
NOTARY PUBLIC . MINNESOTA
My Commlssbn Erplres Jan 31, 2024
DARLENE MARIE
Ad rD 1259014