(A) Purpose and intent. The purpose and intent of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within residential and business districts; protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls; and ensure the safety, security, and privacy of properties.
(B) Applicability.
(1) In general. Unless exempted in accordance with § 153.062(B)(2) below, the provisions of this section shall apply to the construction, reconstruction, or replacement of all fences or walls in the city. In the event of any conflict between the provisions of this section and any screening standard in § 153.060(I), Screening, the latter shall govern.
(2) Exemptions. The following are exempted from the requirements of this section.
(a) Development in the CCD District. Development on lots in the CCD district is exempt from the standards of this section.
(b) Recreational fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility.
(c) Temporary fencing. Temporary fencing established around construction sites, demolitions, or other site conditions unsafe for pedestrians or vehicles, provided it is consistent with the building code.
(C) General requirements for fences and walls.
(1) Location.
(a) Fences and walls are permitted anywhere on a lot subject to the following restrictions:
1. The corner visibility requirements in § 153.042(D)(2)(b) shall be met.
2. Fences and walls shall not be located within public right-of-way.
3. Fences and walls permitted by the Community Development Department to be within easements are subject to removal without compensation to the property owner if the city must access the area for maintenance or improvement purposes.
4.
Fences and walls shall not be permitted within conservation easements unless specifically permitted by the easement.
5. Fences and walls must be set back no less than three feet from any public trail or sidewalk.
(b) Fences and walls may be located directly over a property line between two or more parcels of land held in private ownership.
(c) A certificate of survey may be required by the Community Development Department to determine the location of fences and walls on a property.
(2) Blocking natural drainage flow.
(a) No fence shall be installed so as to block or divert a natural drainage flow on to or off of any other land.
(b) Drainage swales may not be filled to accommodate the construction of fences or walls without alternate stormwater provisions being reviewed and approved by the Community Development Department.
(c) Nothing in this section shall be construed to prevent the installation of temporary fencing to protect existing trees, limit sedimentation, or control erosion.
(3) Fences and walls within buffers. Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material. The perimeter fencing or wall for a single development shall be of a uniform style that complies with the standards of this section.
(4) Permit requirements.
(a) A building permit is required for the construction of any fence or wall that will be more than seven feet in height above grade, or for construction of a retaining wall that is more than four feet in height from the bottom of the footing to the top of the wall.
(b) Fences which do not require a building permit under the provisions of § 153.062(D)(4)(a) above may be constructed without a permit, but shall adhere to all fencing requirements in this chapter.
(D) Requirements for fences and walls by district type. All fences and walls shall conform to the following standards. In all cases, heights are measured from finished grade on the highest side of the fence or wall.
(1) Residential districts. In residential districts (see Table 3-1: Base Zoning Districts), fences and walls shall conform to the following:
(a) Front yards.
1. Fences and walls shall not exceed a height of four feet in front yards and that part of side yards from the front lot line to the front building line.
2. Fences and walls must be setback at least six feet from the property line when adjacent to a public right-of-way.
3. Fences and walls must be setback at least three feet from a public sidewalk or pathway.
(b) Side or rear yards.
1. Fences and walls shall not exceed a height of seven feet in side and rear yards.
2.
In side or rear yards which abut a public street, fences or walls which exceed 36 inches in height must be set back at least six feet from the property line.
3. Fences and walls must be setback at least three feet from a public sidewalk or pathway.
(c) Transparency. Fences or walls located within a front yard adjacent to a street shall maintain a minimum of 50% transparency.
(d) Access. Where any fence or wall connects to a building used as a dwelling, at least one gate not less than two feet six inches in width shall be required to allow access around the building.
(2) Business districts.
(a) General. In business districts (see Table 3-1: Base Zoning Districts), fences and walls shall not be permitted in front yards, except as may be allowed by the security provisions of this section, and shall not exceed a height of seven feet in side or rear yards. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone (see also § 153.042(D)(2)(b), Corner visibility, for additional restrictions on fence placement).
(b) Major utilities, wireless communications, government facilities, and other public safety uses. Fences and walls in front, side, and rear yards of major utilities, wireless communication towers, government facilities, and other public safety uses shall not exceed eight feet.
(3) Industrial districts.
(a) Industrial and Business Campus District.
1. Fences and walls shall not be permitted in front yards;
2. Fences shall adhere to the following yard-based requirements:
a. In all side yards, a fence shall not exceed seven feet in height.
b. In all rear yards, a fence shall not exceed 15 feet in height provided a building permit is obtained for any additional height over seven feet.
3. In no event shall a fence exceed seven feet in height if the fence is located within 20 feet of a public right-of-way.
(b) I-1 and I-2 Districts.
1. Fences and walls shall not be permitted in front yards;
2. Fences shall adhere to the following yard-based requirements:
a. In all side and rear yards, a fence shall not exceed 15 feet in height provided a building permit is obtained for any additional height over seven feet.
3. In no event shall a fence exceed seven feet in height if the fence is located within20 feet of a public right-of-way.
(4) Vacant property. Vacant property may be fenced if the fence does not exceed four feet in residential districts and eight feet in business or industrial districts, the fencing maintains a minimum transparency of 50%, and the purpose of the fencing is to discourage unauthorized dumping or unauthorized parking on the property. Fencing of the vacant property shall not be construed to allow use of the property for outdoor storage.
(E) Exemption for security plan. A property owner or tenant or a representative of a public agency responsible for a government facility, public safety use, or other use in need of heightened security may submit to the Community Development Department a site security plan proposing fences or walls taller than those permitted by this section or proposing the use of barbed or concertina wire atop a fence or wall for security reasons. The Community Development Department may approve or approve with conditions the site security plan and its proposed exemption of fences or walls from the standards of this section, upon finding:
(1) Taller fence or wall needed for safety or security reasons. The condition, location, or use of the property, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without a taller fence or the use of barbed or concertina wire atop a fence or wall; and
(2) Not have security, functioning appearance of adjacent properties. The proposed taller fences or walls or use of barbed or concertina wire will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent properties or the surrounding area as a whole.
(F) Perimeter fences and walls abutting public rights-of-way.
(1) Fences or walls located within 15 feet of a street or public right-of-way shall:
(a) Be of a uniform style;
(b) Be located outside the public right-of-way;
(c)
Include breaks, offsets, access points, or other design details in the wall plane at least every 200 feet.
(G) Prohibited fences. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, wooden landscape lattice or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed for marketing to the general public as building materials that resemble new building materials and are designed for use as a fencing material (e.g., picket fencing made from recycled plastic and fiber). No metal “t” posts shall be permitted.
(H) Chain link fencing. Chain link fencing shall be allowed, subject to the following standards:
(1) All districts. In all districts, chain link fences must have a top rail, and barbed ends must be placed at the bottom of the fence.
(2) Residential districts. Chain link fencing is permitted on lots within residential zoning districts provided it does not include opaque slats, and does not exceed a height of four feet in the front yard and does not exceed five feet in the side and rear yard.
(3) Business districts. Chain link fencing shall not be allowed on lots within a business zoning district unless expressly authorized through approval of a security plan under the provisions of § 153.062(E).
(4) Industrial districts. Chain link fencing shall be allowed on lots within industrial zoning districts provided it does not include opaque slats and is coated with black or dark green vinyl.
(I) Barbed or razor wire. Barbed or razor wire is prohibited except as expressly authorized through approval of conditional use permit relating to of a security plan under the provisions of § 153.062(E).
(J) Appearance.
(1) Customary materials. Fences and walls shall be constructed of any combination of treated wood posts and vertically-oriented planks; maintenance free vinyl, rot-resistant wood; wrought iron; decorative metal materials; brick; stone; or masonry materials. Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited.
(a) In residential districts, metal materials of 14-gauge or better, when treated with factory-applied weather resistant coating or galvanized, and framed at top and bottom with materials as listed in division (J)(1) above are permitted.
(b) Metal or vinyl fence used for garden areas in residential areas may not exceed 24 inches in height.
(c) In the I-2 District, metal fences may be permitted when the materials have been recycled and reprocessed to resemble new building materials and are designed for use as a fencing material, and when such materials are designed to resemble allowed materials as listed in section (J)(1) above.
(2) Finished side to outside. Wherever a fence or wall is installed, if one side of the fence or wall appears more “finished” than the other (e.g., one side has visible support framing and the other does not), then the more “finished” side of the fence shall face the perimeter of the lot rather than the interior of the lot.
(3) Compatibility of materials along a single lot side. All fencing or wall segments located along a single lot side shall be composed of a uniform style and colors compatible with other parts of the fence and with the associated buildings.
(4) Landscape screening. All fences and walls exceeding four feet in height and located within 15 feet of a public street right-of-way in commercial and industrial districts, or as otherwise required by this chapter, shall be supplemented with landscape screening in accordance with the following standards to soften the visual impact of the fence or wall.
(a) Shrubs required. One evergreen shrub shall be installed for every fifteen linear feet of fence or wall, on the side of the fence or wall facing the public street right-of-way. Shrubs shall meet the size standards of § 153.060(C)(2) Planting Standards, and may be installed in a staggered, clustered, grouped, or linear fashion.
(b) Substitution of understory trees. One understory or ornamental tree may be substituted for every three evergreen shrubs provided that the tree meets the size standards of § 153.060(C)(2) Planting Standards.
(c) Integration with other required landscaping. Required landscape screening for fences or walls may be integrated into the landscaping required for vehicular use area screening or perimeter buffers, provided the standards in § 153.060 Landscaping and Screening Standards, are maintained.
(5) Maintenance required. Every fence or wall must 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. Fences or walls in a state of disrepair may be removed by the city as provided by Minnesota Statutes. The cost of removing fences may be levied against the property as a special assessment.
(Ord. 799, passed 2-27-2023)