A. Fences In All Districts:
1. Permit And Compliance Required:
a. Application; Compliance: An application for a fence permit, accompanied by a scaled site plan and application fee as set by resolution of the city council shall be submitted and approved prior to installation of any fence six feet (6') or less in height. Compliance with the provisions of the building code, Minnesota statutes section 16B.59 et seq., and other sections of this chapter shall be required for fences in excess of six feet (6').
b. Exception: Temporary fences installed to surround a hockey or skating rink shall not require a fence permit during the winter season. Fences shall be four feet (4') or less in height, and shall be removed no later than March 31 of each year.
a. All fences shall be located entirely upon the private property of the persons, firms or corporations constructing or causing the construction of such fence unless the owner of the property adjoining agrees in writing that such fence may be erected on the division line of the respective properties.
b. No fence shall be installed in a location which would prevent a fire hydrant from being immediately discernible or in any manner deter or hinder the fire department from gaining immediate access thereto.
3. Construction And Repair:
a. Construction And Maintenance Generally:
(1) Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used.
(2) Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. The requirement for maintenance shall be an ongoing obligation of the fence owner, and shall include painting or similar treatment to resist weathering, repair and/or replacement of materials, and any other activity necessary to ensure that the fence continues to look as attractive as at the time of its construction.
(3) Any fence which is in violation of this title, or has become dangerous to the public safety, health or welfare, is a public nuisance and the Code Enforcement Officer shall commence proper proceedings for the abatement thereof.
4. Face Side: That side of the fence considered to be the face (the side opposite the post) shall face abutting property or the street or other public right-of-way.
5. Height: Fence height shall be measured at a point six inches (6") below the top of the supporting posts. No fence or material between posts shall be permitted to be greater in height than the highest post on either side of said fence material. (Ord. 429, 8-3-2010)
B. Fences In Residential Districts: (See figure 1D-6.1 of this section.)
1. Height, Style And Location:
a. Front Yard: Fences may be installed to a height not exceeding four feet (4') extending across front yards or along that portion of the side lot line equal to the required front yard setback.
b. Interior Lot Line: Fences up to and including six feet (6') in height may be erected on interior lot lines behind the front yard setback line and on rear lot lines.
c. Rear Yard: Should the rear lot line be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot may be fenced to a height of not more than four feet (4').
d. Style Of Fences: Fences in front yards shall consist only of chain-linked, or an open decorative style fence such as picket, wrought iron, alternating board or shadow-box style fence. Although a solid screen privacy fence is permitted in the City, it is preferred that fences be erected so that at least thirty percent (30%) of the plane between the ground and the top of the fence is open to allow for air flow and for the sake of the neighboring environment.
e. Gates: Where a gate is proposed to obstruct access to a driveway in a yard abutting a street or other public right-of- way, such gate shall require the approval of a conditional use permit, subject to compliance with the following conditions: (Ord. 542, 7-2-2019)
(1) The applicant shall show that the gate is needed to mitigate an unsafe condition related to visibility of the driveway and gate area from the principal building, intersection of the driveway with the public street, or other unsafe condition as approved by the City.
(2) All plans and specifications for the proposed gate shall be reviewed, and approved, by the Police and Fire Departments prior to installation.
(3) No gate shall be closer than twenty five feet (25') from the paved edge of the street.
(4) Gates shall not exceed sixty inches (60") in height.
(5) The gate shall be able to be opened in the event of a power failure.
(6) All gates must be equipped with an override to any latch or electronic closure to ensure access by police and fire personnel at all times. The override mechanism must be properly functioning and shall not be disabled by the property owner.
(7) Gates shall be considered fences for the purposes of this subsection B, requiring a building permit, and subject to all other applicable fence regulations, including, but not limited to, building materials.
(8) Any gate which does not meet the standards set forth in this subsection B1e, or which is determined by the Police or Fire Department or a Code Enforcement Officer to not be properly functioning or properly maintained, shall be immediately repaired or removed upon notice to the property owner. For purposes of this subsection B1e, the Police or Fire Department or Code Enforcement Officer may determine that a gate is not being properly maintained if the gate is rusted or deteriorated or if the condition of the gate poses a threat to health, safety or welfare in any manner. (Ord. 429, 8-3-2010; amd. Ord. 542, 7-2-2019)
2. Chainlink Fences:
a. Height: Chainlink fences used for the enclosure of tennis courts shall not exceed ten feet (10') in height and shall not be located within the required front yard.
b. Barb Restrictions: Chainlink fences shall be constructed in such a manner that no barbed ends shall be at the top. (Ord. 429, 8-3-2010)
FIGURE 1D-6.1: RESIDENTIAL FENCE REQUIREMENTS
C. Fences In Business And Industrial Districts:
1. Height: Fences may be erected along the property line and to a height of six feet (6').
2. Specifications: Fences on Business and Industrially zoned properties abutting Residentially zoned property shall be erected at least six inches (6") from the property line, shall be one hundred percent (100%) opaque, and not exceed six feet (6') in height, except for those provided in subsection C3 of this section.
3. Conditional Use Permit Required For Certain Fences: Fences over six feet (6') in height or fences with a security arm for barbed wire shall require a conditional use permit.
D. Permitted Encroachments Onto Public Ways: Notwithstanding the other requirements of subsection A or B of this section to the contrary, fences greater than four feet (4') in height but no greater than six feet (6') in height may be allowed to encroach into rear yards of corner and through lots or side yards of corner lots through administrative approval by the Public Works Director and Community Development Director (or their assigns) when said yard abuts a public street; provided, however, that in no event shall such fence be allowed to be constructed on a public easement for street, utility, or drainage purposes. (Ord. 542, 7-2-2019)
Notes
| 1 | 1. See also subsection 4-1-4J of this code. |