(A) Location.
(1) Fences may be built up to property lines within the private property of the person, firm or corporation constructing or causing the construction of such fence. The City of Dilworth encourages the use and combination of various screening methods and is not intended to imply or recommend a continual buffer strip of one type/use/technique. It is the responsibility of the property owner to locate all property lines.
(2) Construction of a fence within an easement may be permitted with prior authorization from the City of Dilworth. Any fence within an easement is subject to removal at the owner's expense.
(B) Construction and maintenance. Fences shall be constructed of masonry, brick, finished wood, composite, chain link, or wrought iron material, and shall be constructed in a substantial workmanlike manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become or remain in a condition of disrepair or danger, or constitute a nuisance. Any fence which is deemed dangerous to public safety, health, or welfare, will be classified as a public nuisance.
(C) Restrictions. Barbed wire, razor wire, electric fences, rope, cable, chicken wire, or any material not specifically manufactured for permanent and/or the purpose of fencing are prohibited in any district except as provided for below:
(1) Electric fences shall only be permitted in the TZ District when related to farming, hobby farms or similar uses. Additionally, electric fences shall be permitted on any farm (with operational farm uses) located within any other zoning district provided the fence shall be a minimum of five feet from all property lines;
(2) Barbed wire fences are not permitted in any districts within the city except as permitted in division (E) below; and
(3) Chicken wire fences are permitted along the perimeter of garden areas or as a protection means for newly planted trees or shrubs and shall be seasonal in nature and not permanent.
(D) Residential (zoned) district fences. Residential fences shall conform to the following:
(1) Fences in side or rear yards, from the rear lot line to the front building line, shall not be more than six feet in height above ground elevation (see Exhibit 1);
(2) Corner lots with abutting alley: fences located in side yards (secondary street side only) of properties abutting a road, shall not exceed four feet in height and adhere to the opacity requirements as stipulated in division (H)(3) below (see Exhibit 2);
(3) The finished side of fences shall face outwards towards neighboring properties. The finished side is described as the side of the fence without exposed supports or posts, unless the fence design has both sides exposed by supports or posts;
(4) Fences shall not obstruct natural drainage; and
(5) Swimming pool, spa and hot tub fencing shall be in conformance with all building codes.
Exhibit 1
Exhibit 2
(E) Commercial and industrial district fences. The following provisions shall apply respective to fences constructed within commercial or industrial zoned districts:
(1) Business and industrial fences may be erected up to eight feet in height; and
(2) Fences which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground.
(F) Special purpose fences.
(1) Fences for special purposes and fences differing in construction, height, or length may be permitted in any district in the city provided that the reasons submitted in writing by the applicant to the Zoning Administrator demonstrate the purpose is necessary to protect, buffer or improve the premises for which such fence is intended.
(2) Snow fences are permitted from November 1 to April 15. Snow fences must be contained on private property and set back at least ten feet from an abutting street. Snow fences shall only be constructed of perforated plastic sheeting, cedar, or other lightweight slated wood.
(G) Screening fences.
(1) Where any business, industrial use or multi-family building of four or more units (i.e., structure, parking or storage) abuts or is across the street from property zoned for residential use, screening shall be provided along the shared boundary line, unless shared boundary line is a front elevation/yard; provided, however, that the provisions of this section will not apply where a multi-family building abuts property also zoned for multi-family use.
(2) In lieu of a screening fence, green belt planting strips are allowed. A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants. The strip shall be sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six feet. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required screen. The planting plan and type of plantings shall require approval of the city.
(3) Screening fence(s) shall be constructed of masonry, brick, finished wood, composite, or chain link. Such fence shall provide a solid screening effect six feet in height for multi-family uses and at least six feet for business and industrial uses. The design and materials used in constructing a required screening fence shall be subject to the approval of the city.
(H) Traffic visibility. The following provisions shall apply:
(1) Visibility at intersections and/or corner lots. On a corner lot, nothing shall be erected, placed, planted or allowed to grow within 30 feet from the intersecting curb lines, or within 20 feet from the intersecting property lines if there is no curb;
(2) Visibility from driveway or alley to a public way. No fence, wall or hedge shall be erected, placed, planted or allowed to grow in such a manner as to impede vision where it will interfere with traffic or pedestrian visibility from a driveway or alley to a public way. For alleyways, nothing shall be erected, placed, planted or allowed to grow within 20 feet from the intersecting curb line. Fences must be set back at least five feet from an alley; and
(3) Opacity. Within ten feet of property lines abutting a street, fences, walls, hedges or structures shall be at least 75% open space for passage of air and light.
(I) Parking lots/driveways abutting residential areas. Whenever a parking lot or a driveway to a parking lot is established in any district other than a residentially zoned district and where the improvement abuts a residentially zoned property, a sight-obscuring fence of at least five feet in height shall be constructed and maintained along said side or rear lot line.
(J) Outdoor screening (patio). Any application or request for an outdoor (patio) area from a business that abuts a residential district shall meet the following:
(1) Purpose. Consistent with Minnesota state law, smoking in public places including within liquor establishments and restaurants is prohibited for the purpose of protecting employees and the general public from the hazards of secondhand smoke. The following regulations are set forth to address the size, use and location of outdoor areas that a restaurant or liquor establishment may request based on proximity to a residential zone district.
(2) Requirements.
(a) The requested outdoor (patio) area must have a fence around it that provides solid screening at the height of eight feet and the area to be fenced shall not exceed 360 square feet.
(b) Outdoor screening (patio) areas shall not exceed 360 square feet in size, with its seating capacity and patron usage in conformance with Minnesota Building Code.
(c) Other minimum standards may apply based on the circumstances of the application or the business owners request.
(d) All outdoor screened areas (patios) shall comply with all city ordinances and building/fire codes.
(Ord. passed - -; Ord. 21-07, passed 6-28-2021)