Fences shall be permitted in all yards subject to the following:
A. Administrative Permit Required: It is unlawful for any person hereafter to construct or cause to be constructed or erected within the City, any fence within a front yard, within a residential buffer yard, or a property line fence without first making an application for and securing an administrative permit, which shall be treated as a formal agreement as to the construction and location of the proposed fence between the City and applicant in accordance with section 11-8-4 of this title.
B. Certificate Of Survey: An application for fence permit shall be accompanied by a current certificate of survey providing exact lot dimensions, the location of existing building and structures on the lot, and the location of the proposed fence.
C. Location: All boundary line fences shall be located entirely within the private property of the person, firm or corporation constructing or causing the construction of such fence. The owners of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines by:
1. Locating their property irons; or
2. If the property lines cannot be located:
a. The Zoning Administrator may require the owner of property upon which a fence now exists, or may require any property owner proposing to construct a fence, to establish the boundary lines of the property by a survey thereof to be made by a registered land surveyor; or
b. The owner of property upon which a fence now exists, or the property owner on which the fence is to be constructed and the owner(s) of the adjoining properties, enter into an agreement regarding the location of the fence to be recorded with the titles of the respective properties, subject to approval of an administrative permit.
D. Construction And Maintenance:
1. Every fence shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence is located and shall not cause blight or a negative impact.
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. Any such fence which is or has become dangerous to the public safety, health or welfare is a public nuisance, and the City shall commence proper proceedings for the abatement thereof.
3. All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced.
4. Except as specified in this subsection, barbed wire fences and electric fences shall only be allowed in the A-1 and A-2 Districts when related to the keeping of farm animals. On farms in other districts, such fencing shall be allowed when related to farming, but not including electric fences as boundary line fences when abutting platted property.
5. All fences shall be provided with a gate which affords reasonable and convenient access for public safety.
E. Grading And Drainage:
1. All fences shall not obstruct natural drainage.
2. Any modifications to the grade or drainage of a property in conjunction with the construction of a fence shall be subject to section 11-16-5 of this title.
F. Drainage And Utility Easements:
1. The fence and its design is subject to the approval of the City Engineer.
2. The fence or a portion thereof may be removed at any time for the purpose of utilizing the easement, and such action shall be at the property owner's expense.
3. The property owner shall execute an acknowledgement of the easement encroachment that is to be recorded by the City at Wright County with the title of the property.
G. Residential District Fences:
1. Alongside Property Lines: Except in the case of a side yard on a corner lot which abuts a street, fences alongside property lines shall not be more than six feet (6') in height for the distance commencing from a point on such side property line located along the rear lot line and proceeding thence along such side property line to a point thereon which would be intersected by the front wall line of the existing principal structure on the lot.
2. Rear Property Lines: Fences along or paralleling any rear property line which is also the rear property line of an abutting lot shall not exceed six feet (6') in height.
3. Rear Property Line/Abutting Side Line: Except in the case of a side yard on a corner lot which abuts a street, fences along a rear property line which line constitutes the side lot line of an abutting lot shall not exceed six feet (6') in height.
4. Screening Provisions: The required screening provisions for residential districts shall supersede, where applicable, the provisions of this subsection.
5. Required Front Yards And Side Yards Of Corner Lots:
a. Fences extending across required front yards or a required side yard that abuts a street on a corner lot shall not exceed forty eight inches (48") in height and shall be at least seventy five percent (75%) open space for the passage of air and light, except as provided in subsection G5b of this section.
b. A fence with a height greater than forty eight inches (48") and/or less than seventy five percent (75%) open space may be constructed within the required rear yards and side yard of a corner lot abutting a collector or arterial street; provided, that:
(1) The fence does not exceed six feet (6') in height.
(2) The fence is set back ten feet (10') from the lot line abutting a collector or arterial street right-of-way.
(3) For interior lots, a gate or other opening is to be provided in the fence to allow for maintenance of the street side boulevard.
(4) The fence along a side lot line abutting a collector or arterial street right-of-way shall not extend into a required front yard and be no closer to the front lot line than a point intersecting the front line of the principal building.
(5) On lots where no buffer yard has been established pursuant to subsection 11-19-3B of this chapter, the yard on the street side of the fence shall be grass and landscaped with plant materials that will grow to the height of the fence, subject to the following standards:
(A) Plant material centers shall not be located closer than three feet (3') from the fence line or property line, and shall not conflict with public plantings, sidewalks, trails, etc.
(B) Deciduous shrubs shall not be planted more than four feet (4') on center, and/or evergreen shrubs shall not be planted more than three feet (3') on center.
(C) Deciduous trees shall be planted not more than forty feet (40') apart. Evergreen trees shall be planted not more than fifteen feet (15') apart.
c. All fences located within any required yard abutting a public right-of-way shall maintain the traffic visibility requirements of section 11-16-4 of this title.
H. Commercial And Industrial District Fences:
1. Fences On Corner Lot: Fences extending across a required front yard or a required side yard which abuts a street on a corner lot shall be at least seventy five percent (75%) open for the passage of air and light and shall maintain the traffic visibility requirements of section 11-16-4 of this title.
2. Height: Fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8') shall require an interim use permit.
3. Construction:
a. Fences shall be constructed of nonwood maintenance free materials such as vinyl, stone, brick, split face block, textured or architectural concrete panels, synthetic or composite products, or similar materials as approved by the Zoning Administrator.
b. Except for fences accessory to essential services, chainlink fences within commercial districts shall be coated with integral color vinyl and shall not include vinyl, plastic or metal slats within the fence.
c. The location of gates across driveways accessing the site shall be set back a sufficient distance so as not to cause congestion in the public street.
d. 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 (7') above the ground.
4. Screening Provisions: The screening provisions for commercial and industrial districts shall supersede, where applicable, the provisions of this subsection.
I. Special Purpose Fences: Fences for special purposes and fences differing in construction, height or length may be permitted by the City by issuance of an interim use permit upon a finding by the City Council that the fence is necessary to protect, buffer or improve the premises for which such fence is intended. (Prior Code § 20-19-4)