Subd. 1. Purpose. The purpose of this subsection shall be to provide for the regulation of fences in the city, to prevent fences from being erected that would be a hazard to the public or an unreasonable interference with the use and enjoyment of neighboring property, and are compatible with existing uses and other zoning restrictions.
Subd. 2. Permit Required. Fences, retaining walls, and sound barriers as defined in subsection 1001.02 shall not be constructed without a building or administrative permit. The permit application shall be accompanied by a certificate of survey clearly describing the type, location, and method of anchoring the fence, retaining wall, or sound barrier. The owner shall be responsible for properly locating all property lines before construction of any fence.
Subd. 3. General Provisions.
1. In all zoning districts, a fence not exceeding seven feet in height may be erected in the rear yard and side yard areas up to the nearest front corner of the principal building. In the event that a deck or porch is located on the front of the structure, the seven-foot tall fence section located along the side lot line(s) shall terminate at the front corner of the principal building as opposed to the front of the porch/deck addition.
2. In residential districts, a fence not exceeding four feet in height, and having at least 75% open area for passage of air and light, may be erected on the front lot line and the side lot lines forward of a line drawn across the front line of the principal building.
3. On lakeshore lots, a fence not exceeding four feet in height, and having at least 75% open area for passage of air and light, may be erected on the side lot lines behind the line drawn across the rear line of the principal building.
4. Fences shall not be permitted within any right-of-way, clear view triangle area, within the site visibility area adjacent to railroads, below the 100-year floodplain of any lake, river, or wetland, or in an emergency overflow easement.
5. Fences shall not be permitted within ten feet of the curb and/or surface of any street, road, or alley that is regularly snowplowed by the city and is less than 40 feet in width.
6. Fences shall be installed so that the more finished side faces the adjacent property. If the fence has posts on one side, the posts shall be placed on the inside of the fence.
7. Barbed wire fences shall be prohibited in all zoning districts with the exception of essential service structures, solar gardens, solar farms, and rail car storage areas, provided it is approved as part of the site plan process in subsection 1002.11. Barbed wire shall be limited to three feet high and may extend above the maximum permitted fence height.
8. Fences shall be wood, chain link, wrought iron, vinyl, board and picket, or similar material. Owners are responsible for ensuring property maintenance and function.
9. Ornamental fences may be permitted in a front yard if not designed or serving as an enclosure. Ornamental fences include such things as split rail, picket, and brick, but not such things as chain link fences. The maximum allowed height for a brick wall is three feet for a split rail, picket, or wrought iron fence, four feet with at least 25% open area for passage of air and light. Wrought iron and similar ornamental fences may be up to five feet in height in commercial zoning districts.
10. Wood, plastic, vinyl, fabric, or other type of slats, when used in combination with chain link fencing, shall not be permitted.
11. Snow fences shall be prohibited in the residential areas of the city for any purpose other than marking areas for tree preservation as part of an approved plan during the months of April through October.
12. Fences up to 16 feet in height may be permitted to enclose public tennis courts or as back stops for public athletic fields provided all other requirements of this subsection are met and that the backstop is setback a minimum of 200 feet from residential structures. A conditional use permit shall be required for fences taller than 16 feet for private tennis courts.
13. Fences which include a security gate at a point where access is provided to the property and principal building may be approved if necessary and appropriate as part of a site plan review.
14. No fence shall obstruct natural drainage. No fence shall be placed within an easement that obstructs or impedes the free flow of surface water from, or in any drainage easements. If a fence is constructed within the easement and it is required to be removed, the city shall not be required to pay compensation for any such fence.
Subd. 4. General Retaining Wall Provisions. Retaining walls shall be constructed when required by the city to prevent damage to any public area such as a sidewalk or street. Other retaining walls may be constructed under the same restrictions as placed on fences.
1. Retaining walls shall be installed with strict adherence to all manufacturers’ recommended standards.
2. No treated wood (railroad tie) retaining walls shall be allowed within the city limits.
3. Plans for retaining walls shall be reviewed by the Building Official and/or City Engineer if over three feet tall and/or proposed to be located in a drainage and utility easement.