City of Duluth - File #: 18-012-O

Date	Action By	Action	Result	Action Details	Meeting Details	Video
4/9/2018	City Council	adopted		Action details	Meeting details	Not available
3/26/2018	City Council	read for the first time		Action details	Meeting details	Not available

Title

AN ORDINANCE AMENDING SECTIONS 50-26, SCREENING, WALLS, AND FENCES.

Body

CITY PROPOSAL:

The city of Duluth does ordain:

Section 1. That Section 50-26 of the Duluth City Code, 1959, as amended, be amended as follows:

50-26 Screening, walls and fences.

50-26.1 Screening of mechanical equipment.

A. Applicability.

The standards of this Section shall apply to all of the following uses that contain a primary structure in all zones, except I-G and I-W: a multi-family, mixed use, commercial, institutional, industrial, or parking principle use, when any of the following conditions occur:

1. A new primary structure is constructed;

2. The floor area in an existing primary structure(s), taken collectively, is increased by more than 25 percent;

3. An existing primary structure is relocated on the lot or parcel;

4. The primary structure is renovated or redeveloped (including but not limited to reconstruction after fire, flood or other damage), and the value of that renovation or redevelopment, as indicated by building permits, is 25 percent or more of the pre-application assessor's market value of the primary structure, as shown in the records of the city assessor.

The standards of this Section shall not apply if the only feasible location for mechanical screening would impede the functioning of solar, wind or geothermal energy equipment or systems if such systems are otherwise in compliance with applicable building codes and zoning requirements;

B. Screening standards.

The following exterior mechanical features shall be screened: (i) electrical and gas-powered mechanical equipment and power systems equipment; (ii) heating, ventilating and air conditioning equipment ductwork, and lines; and (iii) power systems equipment. Roof or wall-mounted antennas and vent openings shall not be considered mechanical equipment for purposes of these screening standards.

1. Roof-mounted mechanical equipment.

Roof- mounted mechanical equipment shall be screened by a parapet wall or similar feature that is an integral part of the building’s architectural design. The parapet wall or similar feature shall be sufficient to screen the mechanical equipment from ground view of a person on the other side of the public right-of-way on which the structure fronts, as illustrated in Figure 50-26.1-A;

2. Ground-mounted mechanical equipment.

Ground-mounted mechanical equipment shall be screened from view from ground view of adjoining properties and public right-of-way by landscaping or by a decorative wall that incorporates at least one of the primary materials and colors of the nearest wall of the primary structure. The wall shall be of a height equal to or greater than the height of the mechanical equipment being screened. If landscaping is used for screening, the screening material shall be designed to provide 75 percent opacity one year after planting along the full required height and length of the screening buffer. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 36; Ord. No. 10153, 5-14-2012, § 9.)

50-26.2 Screening of service and off-street loading areas.

A. Applicability.

These standards shall apply to all service areas and off-street loading areas on all properites containing multi-family dwell-ings, commercial, institutional, industrial or mixed uses, except those located in the I-G and I-W districts.

B. Screening.

Service and off-street loading areas shall be designed and located to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets. Non-enclosed service and off-street loading areas shall be screened with durable, sight-obscuring walls, fences, and/or dense indigenous ever-green planting of between six and eight feet in height. Screening materials shall be the same as, or of equal quality to, the materials used for the primary building and landscaping. (Ord. No. 10044, 8-16-2010, § 6.)

50-26.3 Screening and location of commercial containers.

A. Applicability and exemptions.

1.

Except as noted in subsection 2 below, these standards shall apply to all exterior commer-cial containers, including without limitation garbage dumpsters, grease/oil tanks and cardboard compac-tors, on all properties containing multi-family dwelling, commercial, institu-tion-al, industrial or mixed uses;

2. These standards shall not apply to the following:

(a) Commercial containers located in the I-G and I-W districts;

(b) Commercial containers located behind a building and not visible from a public street or adjoining single-family, multi-family, mixed use or public property;

(c) The temporary purpose of disposing of waste generated during the time of an active building permit, or 180 days, whichever is shorter, for the demolition or construction of improvements on the property upon which the commercial container is located;

(d) A commercial container placed by or upon written authority of the city on a temporary basis;

B. Location.

Commercial containers shall not be placed in any of the following:

1. Any required front yard area or any side yard area adjacent to a public street right-of-way;

2. Any fire lane;

3. Any required off-street parking space;

4. Any location that blocks vehicular or pedestrian traffic;

5. Any location that obstructs drivers’ sight lines at intersection of streets and driveways;

6. Any location that may interfere with utilities;

C. Screening of commercial containers.

1. Not adjacent to structure wall.

Commercial containers that are not located adjacent to a wall of an existing principal or accessory structure shall be screened from view as follows:

(a) On three sides with a wall con-struct-ed of masonry, brick, wood, stone, or similar material and at least as tall as the container being screened;

(b)

On the fourth side a gate con-structed of wood or metal and at least as tall as the container being screened;

2. Adjacent to structure wall.

Commercial containers that are located adjacent to a wall of an existing principal or accessory structure shall be screened from view as follows:

(a) On two sides with a wall that is (1) constructed of the same principal materials and colors used on the wall of the principal or accessory building that forms the third wall of the enclosure, and (2) at least as tall as the container being screened; and (3) in compliance with applicable fire and building codes;

(b) On the fourth side a gate constructed of wood or metal and at least as tall as the container being screened. (Ord. No. 10044, 8-16-2010, § 6.)

50-26.4 Fences and walls.

Unless otherwise expressly provided for in this Chapter, or unless expressly provided for in conjunction with the approval of a special use permit, fences and walls shall comply with the following general standards:

A. Fence/wall height. standards

1. General front yard standards.

(a) No fence or wall located between the principal structure on a lot and the front property line shall exceed four feet in height. If a fence is constructed with an ornamental material, such as wrought iron, a six foot-high fence may be allowed with an approved zoning permit provided that the fence is at least 50 percent open or transparent;

(b) Chain link fences, fences that are electrically charged, fences constructed of barbed or razor wire and fences constructed of temporary plastic fencing (snow fences) are prohibited. A durable, vinyl coated, chain link fence, no more than four feet tall, may be allowed with an approved zoning permit;

(c) Prohibitions on electrically charged fences shall not apply to fences used to protect gardens and landscaping on residential lots. Prohibitions on electrically charged fences and fences constructed of barbed or razor wire shall not apply to fences used to enclose livestock on bona fide farms and those serving a public or quasi-public institution for public safety or security purposes;

2. General side and rear yard standards.

Fences that are electrically charged, and those constructed of barbed or razor wire shall be prohibited.

(a) This prohibition shall not apply to electrically charged fences used to protect gardens and landscaping on residential lots;

(b) This prohibition shall not apply to fences used to enclose livestock on bona fide farms and those serving a public or quasi-public institution for public safety or security purposes;

3. Residential zone districts.

The maximum height of a fence or wall within required side and rear yard area is eight feet. The maximum height for fences and walls for entry gates at the residential subdivision entrance shall be eight feet;

4. Mixed use and special purpose zone districts.

The maximum height of a fence or wall within required side and rear yard area is eight feet, but the land use supervisor may approve a fence or wall up to 12 feet in height where additional height is needed to provide adequate security because of topography or the nature of the material or equipment stored in the area;

5. Form districts.

The maximum height of a fence or wall within required side and rear yard area is eight feet, but the land use supervisor may approve a fence or wall up to 12 feet in height where additional height is to provide adequate security because of topography or the nature of the material or equipment stored in the area. Fences and walls are not permitted in required front yard areas, except for wrought iron fences used to enclose outdoor patio or dining areas, in which case the maximum height of the fence shall be three feet;

6. Vacant property.

As an exception to other fence height limits, vacant property may be fenced with chain-link fencing not to exceed six feet in height when the purpose of such fencing is to prevent unauthorized dumping or soil disturbance that results in fugitive dust or nuisance conditions. Such fencing of vacant property shall not be construed to allow use of the property for outdoor storage;

7. Permit required.

No fence shall be constructed in dedicated rights of way without a concurrent use permit. Any fence that exceeds seven four feet in height is required to have an approved zoning permit prior to construction.

8. Finished Side.

All fences and walls shall be installed with the finished side facing out, so that posts and lateral supports are not on the side of the fence or wall which faces an adjacent property or public right-of-way, unless such supporting members are exposed on both sides due to the specific design of the fence or wall.

B. Retaining walls.standards

1. Applicability.

The requirements of this Section apply to construction of new retaining walls in all districts, except for (a) retaining walls on proper-ties containing only one-family and two-family dwellings, and (b) retaining walls that will not be visible from neighboring sites or from a public street frontage;

2.

Design standards.

All retaining walls shall comply with the following standards:

(a) Retaining walls more than six feet tall shall be terraced to minimize visual impacts on residents, neighboring properties and the public realm;

(b) Terracing shall be limited to three tiers;

(c) A terrace at least four feet wide, with a maximum slope of 3:1, shall be provided between each tier to create pockets for landscaping. Reduced terrace depths may be administratively approved by the building official where site constraints limit the amount of space available to accommodate the minimum required width;

(d) Terraces between retaining wall tiers shall be vegetated with permanent landscaping to screen retaining walls and provide visual interest unless soil conditions are determined by a licensed engineer to be unsuitable due to geologic hazards;

(e) Retaining walls shall be stacked natural stone or faced with stone or earth-colored materials, textured and colored Mechanically Stabilized Earth (MSE) blocks or other material compatible with the primary building materials;

(f) Retaining walls constructed of railroad ties, timber and gabion-type materials are not allowed;

C. Materials and signs.

No fence, wall or retaining wall shall be constructed of scrap or waste materials unless those materials have been recycled, or reprocessed into building materials for sale to the public. No sign may be posted on any fence, wall or retaining wall except for a property identification/management sign not exceeding one square foot in size. (Ord. No. 10041, 8-16-2010, § 6; Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 37; Ord. No. 10153, 5-14-2012, § 10; Ord. No. 10414, 10-12-2015, § 4.)

50-26.5 Alternative screening.

Where compliance with the specific requirements of Section 50-26 is not possible as a result of unique site conditions abutting or surrounding a proposed site, an owner may propose alternatives consistent with the goals of Section 50-26. The land use supervisor may approve an alternative proposal where an applicant can demonstrate that the alternative proposal achieves required landscaping to the same degree, or better than, the provisions of Section 50-26. (Ord. No. 10153, 5-14-2012, § 11.)

Section 2. That this ordinance shall take effect 30 days after its passage and publication. (Effective date: ________, 2018)

Statement of Purpose

STATEMENT OF PURPOSE: This ordinance implements three minor text amendment to chapter 50 of the City Code, known as the Unified Development Chapter (UDC).

The first minor change is the applicability standards for screening of mechanical equipment, No additional standards are applied; the langue is simply edited to be clearer. The second change is to allow vinyl-coated chain link fences, no more than four feet tall in height, in the front yard. The final change is to require a zoning permit for all fences four feet and greater. The zoning permit will be issued administratively, and will require an accurate site plan in order to ensure that fences are not constructed over property lines, in public right of ways, or blocking trail or pedestrian easements. As per the state building code, only fences above seven feet in height require a building permit.

The planning commission held a public hearing and considered the changes at their January 9 and February 13, 2018, regular planning commission meetings. At their special annual meeting on March 6, 2018, they voted 9-0 to recommend that the city council approve this ordinance change.