(A) Fence permits.
(1) The city hereby establishes control over all of the fences presently located, to be built, enlarged or altered within the city. Any fence installed within the city shall conform to the type, location and requirements and specifications established by the city.
(2) No person shall construct, enlarge or alter any fence without first making an application for and securing approval for a fence permit.
(3) Permit submittal checklist. Each resident shall submit a signed and completed fencing permit application form which shall consist of one copy of a Certificate of Survey, or site plan drawn to scale, which indicates the following:
(a) Lot dimensions;
(b) Location and footprint coverage area of existing structure(s);
(c) Location of the fence;
(d) Setback of fence from the property line(s);
(e) The height of the fence; and
(f) The type of fence (i.e., chain-link, split rail, privacy).
(B) All lots; General fence permit requirements.
(1) Fences, including footings, shall be located entirely upon the private property on which the fence is proposed to be constructed or on the property line. Fence posts and footings must be installed below the frost line.
(2) The property owner is responsible for verifying property boundaries by locating the property irons. Property irons are generally six inches below grade and must be left exposed and staked for verification at final inspection. The city does not provide a survey service to locate the property irons. Metal detectors are effective in locating the property irons. It is unlawful to disturb, remove or relocate property irons.
(3) If property irons cannot be located then one of the following options are available:
(a) Establish the property lines by a survey conducted by a registered land surveyor; or
(b) The owner of the property on which a fence is supposed to be constructed and the owner(s) of adjoining properties enter into a written agreement regarding the location of the property line to be recorded with the titles of the respective properties, running with the land and binding upon any successors or assigns, subject to approval by the city.
(4) Fences shall not extend into public rights-of-way or onto public property.
(5) Fences in easements shall not impede the flow of water. If the city or utility company needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner.
(6) The side of any fence considered to be its “face” (i.e., the finished side having no structural supports) must face abutting property or street right-of-way.
(7) Fences located in a residential district may not exceed six feet in height. Fences located in an industrial district may not exceed eight feet in height.
(8) Residential fences within front yards shall not exceed 30 inches in height and must be setback at least ten feet from the front and/or side lot line abutting the street right-of-way except where additional setback is required for traffic visibility. Front yard is defined as the addressing road, street, avenue or boulevard.
(9) Rear yard setback of any fence shall be at least ten feet from the property line.
(10) Fences shall be made of wood, plastic or metal materials and constructed to state code and used in a way that is safe and secure. No farm or electrical wire or barbed wire metal fences shall be allowed.
(C) Buffer yard lots; Specific fence requirements.
(1) Fences abutting a major collector or arterial street shall be setback at least ten feet from the property (right-of-way) line.
(2) For interior lots, a gate constructed of the same material as the fence or open space shall be provided in the fence to allow for maintenance of the street side boulevard and entry of city workers to check utilities and to allow for public emergency services access. For non-interior lots, said access gate may be located on an accessible side yard or rear yard.
(D) Corner lots; Specific fencing requirements.
(1) No fence shall be placed on or extend into a yard so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any intersecting street or alleyway. Visibility from any intersecting street or alleyway shall be unobstructed above a height of 30 inches, for a distance of ten feet from the fence corner each way, unless further setback is required to ensure proper visibility.
(2) A fence more than 30 inches in height along a side lot line abutting a public right-of- way shall not extend into a required front yard setback and shall be no closer to the front lot line than a point intersecting the front line of the principal building unless the fence is 30 inches or less in height.
(E) General notes. Prior to digging, call Gopher Services at 651-454-0002 or dial 811 to verify public utility locations. Forty-eight hour notice is required (excluding weekends and holidays).
(Res. 06-02-2021, passed 6-14-21)