CHAPTER 177: LAND USAGE
Editor's note:
   The provisions of this chapter amend or replace sections of Title XV of the Minnesota Basic Code as noted.
Section
General Provisions
   177.01   Definitions
   177.02   Conditional uses
Fences
   177.10   Fences in yards
   177.11   Fences located along property lines
   177.12   Fences located within required yards
   177.13   Fences located within buildable area
   177.14   Swimming pool safety fence
Editor’s note:
   Sections 177.10 through 177.14, regarding fences, amend Minnesota Basic Code Chapter 151.
GENERAL PROVISIONS
§ 177.01 DEFINITIONS.
    Section 151.04 of the Minnesota Basic Code, regarding zoning definitions, shall be amended as follows:
   DWELLING, TWIN HOME. Residential properties with two separate living units that share a common wall but are built on two separate lots.
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§ 177.02 CONDITIONAL USES.
   Section 151.21(D)(6) of the Minnesota Basic Code, regarding R-1 Single Family Residential District conditional uses, shall be amended as follows:
   Side yards. Five feet.
   (A)   Exception in the case of a twin home. It is an authorized use in residential districts to allow for the construction of twin homes with “zero lot line” on a single side lot. ZERO LOT LINE means a condition where regulations for a side yard can be modified or waived to allow structures or dwellings to share a common wall that is placed on the side lot line that separates the individual lots, from each other, and the lots are in a subdivided plat.
   (B)   A zero setback is allowable in approved zoning areas.
   (C)   Utilization of the zero lot line regulation under this subchapter requires the approval from the planning commission, if a planning commission is not available City Council can act on the planning commission’s behalf.
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FENCES
§ 177.10 FENCES IN YARDS.
   Fences in all yards are subject to the following.
   (A)   That side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property.
   (B)   Fences over six feet in height from the finished grade shall require a building permit in addition to any other required permits.
   (C)   No fence shall be permitted on public rights-of-way.
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§ 177.11 FENCES LOCATED ALONG PROPERTY LINES.
   Fences located along property lines are subject to the following.
   (A)   Fences may be placed along property lines provided no physical damage of any kind results to the abutting property.
   (B)   Fences in business and industrial districts may be erected on the lot line to a height of eight feet from finished grade.
   (C)   Fences along side and rear interior lot lines beginning at the rear building line of the principal structure shall be a maximum of four feet.
   (D)   Where the property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the property line.
(Ord. passed - - )
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