Subd. 1. Purpose.
A. Standards governing fences are established to promote the public health, safety and welfare, encourage an aesthetic environment and allow for privacy, while maintaining access to light and air.
B. Fence. Any partition, structure or gate erected as a dividing marker, barrier or enclosure.
Subd. 2. Permit required. It is unlawful for any person to construct, erect or cause to be constructed or erected in the city any fence without first obtaining a permit from the city. Seasonally installed fences for snow and landscape protection may be installed temporarily (less than six mos.) without permit.
Subd. 3. Application and fee. Every person desiring to erect or construct a fence shall apply for a permit to the Planning, Zoning and Building Department. The application shall be accompanied by a fee fixed by resolution of the Council.
Subd. 4. Investigation of premises and issuance. In the event a fence is not permitted or is not in compliance with city ordinance, the Planning and Zoning Administrator shall report the matter to the Council for their consideration and the decision of the Council on the issuance of the permit or removal of the fence shall be conclusive. Any fence constructed in a utility easement shall be removed as necessary for utility maintenance and repair, at the owner's expense. Fences shall not be constructed in the public right-of-way.
Subd. 5. Construction requirements in residential and multiple dwelling area. It is unlawful for any person to construct, erect or cause to be constructed or erected in the city in any residential or multiple dwelling area, as defined in Chapter 11
, any fence, unless the fence shall, in its construction and location, conform to the following requirements:
A. A solid or opaque lot line fence constructed along or adjacent to a front yard or corner yard lot line shall not exceed 36 inches in height. A 15 foot sight triangle shall be maintained where a fence will interfere with traffic or pedestrian visibility across a driveway, street, alley or sidewalk. The sight triangle is measured along the curb for streets and the sidewalk/property line for driveways and alleys. The maximum fence height may be increased by 12 inches if constructed of open, decorative or ornamental fencing materials less than 50 percent opaque. Fences may not be modified so as to become solid or opaque fences except as otherwise allowed in this paragraph.
B. All posts or similar supporting instruments used in construction of fences shall be faced inward toward the property being fenced. The side of the fence considered to be its evident finished side or face shall front adjacent property.
C. A lot line fence constructed along or adjacent to an interior side or rear yard lot line shall not exceed six feet in height.
D. Fences constructed within lot areas and located so as to comply with the setback requirements, as set forth in Chapter 11, may be constructed to a height not higher than six feet. Construction of a fence higher than six feet in height, that is setback within minimum building setbacks, requires Council approval and a building permit.
E. Side, corner, rear and front yards shall have the same meaning as defined in Chapter 11.
F. Swimming pool fences shall be not less than four feet in height.
G. The use of barbed wire is prohibited in all districts, barbs or twisted wire may not extend above the top rail.
H. Other materials prohibited in all districts: Razor wire; creosote lumber; concrete; chicken wire; deer fencing; plastic webbing, except as temporary erosion, traffic or other control; makeshift, flimsy material; plywood and pressed wood.
I. No fence shall be placed below the ordinary high water mark or within a wetland. No fence shall obstruct a natural drainage way, walking path or easement.
J. An open, decorative or ornamental lot line fence constructed along or adjacent to a front yard or corner yard lot shall not exceed 48 inches in height. Fences may not be modified so as to become solid or opaque fences except as otherwise allowed in this paragraph.
Subd. 6. Construction requirements in commercial and limited industrial areas. It is unlawful for any person to construct, erect or cause to be constructed or erected in the city in any commercial or limited industrial area, as defined in Chapter 11
, any fence, unless the fence shall, in its construction and location, conform to the following requirements:
A. Fences constructed within lot areas and located so as to comply with the setback requirements, set forth in Chapter 11, may be constructed to the maximum building height also set forth in Chapter 11.
B. Other fences shall not exceed six feet above the sidewalk or surface of any parcel of land.
C. The use of barbed wire is prohibited.
Subd. 7. Construction requirements in heavy industrial areas. Fences located on property zoned for heavy industrial use may be unlimited in height and may be of either closed or tight construction except for doors or gates. Installation of barbed wire may be considered by the Planning Commission and Council where special circumstances exist. Planning Commission shall recommend to approve or deny a request and the decision of Council shall be conclusive.
Subd. 8. Location. All fences, including those described as lot line fences constructed along a lot line, shall be located entirely on the private property of the person constructing the fence.
Subd. 9. Electric fences. It is unlawful for any person to construct, maintain, place or allow to be constructed, maintained or placed, any fence, as defined in this section, of metal construction charged or connected with electrical current in a manner as to transmit the current to persons, animals or things which intentionally or unintentionally might come in contact with it.
Subd. 10. Maintenance; declaration and abatement of nuisance. Fences shall be maintained so as not to endanger life or property, and any fence which through lack of repair, type of construction or otherwise imperils the health, life or property or well-being of a neighborhood shall be deemed a nuisance. The Building Inspector and/or Zoning Inspector shall notify the owner of the property on which a fence is located of the existence of a nuisance and a nuisance must be abated within ten days after the receiving of the notice from the Inspector.
Subd. 11. Lot lines; rules and regulations. The Building Inspector may require the owner of property upon which a fence is to be located to establish lot lines upon such property through the placing of permanent stakes located by a licensed surveyor. The lot lines shall be established within 20 days after receiving notice from the Inspector. The Building Official or Planning and Zoning Administrator may also make other rules and regulations which are not in conflict with this section, nor inconsistent with public safety, as may be necessary to effectuate the purposes of this section.
Subd. 12. Fences shall be constructed with boards, chain link construction, or other suitable material firmly connected to posts sunk in the soil to a depth sufficient to properly support the fence so that it is not leaning or otherwise in a state of collapse.
Subd. 13. Exemptions. The provisions of this section shall not apply to any fences now erected or hereafter erected on land owned or maintained and subsequently acquired by the County Fair Board for conducting of a fair, by Independent School District No. 492 or by the Parks, Recreation, Forestry Department and those portions of land shall not be bound by the restrictions of this section.
(`80 Code, § 4.70) (Am. Ord. 503, Second Series, passed 2-17-04; Am. Ord. 652, passed 7-17-17; Am. Ord. 684, passed 11-16-20) Penalty, see § 1.99