A. The following definitions shall apply to this section:
FENCE: Any barrier constructed of rails, timbers, wires, boards, stone walls, hedge, metal or any combination of those materials or any materials which the fence viewers decide are equivalent to these materials.
HEDGE: A dense row of shrubs forming a boundary.
SPLIT RAIL FENCE: A fence consisting of vertical posts not greater than thirty six inches (36") in height connected by not more than two (2) horizontal rails that are not greater than six inches (6") in width with the top of horizontal rails being no higher than thirty inches (30").
B. All fences shall be constructed or erected in a complete and substantial manner and of materials reasonably suited to the purpose for which the fence is proposed. A fence shall be maintained in a condition of reasonable repair and shall not be constructed or maintained in a manner that is dangerous to the public health, safety, or welfare. All fences whether constructed, erected, or replaced shall comply with this section. No barbwire or electric fences or similar special purpose fences shall be allowed without a conditional use permit from the City.
C. All front yard fences are prohibited, except on corner lots, which constitute two (2) front yards. On a corner lot one of the front yards shall be considered a side yard as determined by the City. On the side yard as determined, a fence may be constructed with a twenty five foot (25') setback (same as for building setback). Decorative corners on corner lots such as split rail or plantings are allowed as long as they are less than twenty feet (20') in both directions, do not exceed thirty inches (30") in height and do not constitute a traffic hazard and visibility hazard as determined by the Chief of Police. No fence shall constitute a traffic hazard.
D. All fences which are constructed, replaced, or erected will require a building permit. A building permit shall be prepared and submitted to the City on such form as the City may prescribe accompanied by any fee which the City may establish by resolution.
E. No fences shall be constructed or erected higher than six feet (6') except where residential adjoins commercial or industrial property where an eight foot (8') fence may be constructed or erected.
F. All fences shall be constructed, erected, or maintained at least two feet (2') off all alley right-of-ways. No fence shall be constructed, erected, or maintained on utility easements.
G. Side yard fences shall be constructed, erected, and maintained at least twelve inches (12") from the adjoining property. The finished side of all fences shall face the adjoining property or right-of-way. A survey may be required by the City before placing a fence within twelve inches (12") of the adjoining property or right-of-way. Survey costs are the responsibility of applicant. No survey will be required if the fence is to be located on or within twelve inches (12") of the adjoining property or right-of- way and the owners of the adjoining property or right-of-way have entered into a written agreement approving the proposed location of the fence. Such written agreement must be recorded in the Office of the County Recorder, Brown County, Minnesota.
H. All fences shall conform to the City on adopted Building Code.
I. All fences which are presently in violation of these regulations will be allowed to continue unless more than twenty percent (20%) of the fence is repaired, replaced or reconstructed. Current fences that are determined by the Chief of Police to be considered a potential threat to public health or safety shall be removed or changed to comply with this section after the property owner has been given the right to be heard by the City Council. (Ord. 79, 2nd Series, 5-10-2005)