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HomeMy WebLinkAbout[05b] 56 Fence CHAPTER V — BUILDING, LAND USE & REGULATIONS ORDINANCE 56 FENCE ORDINANCE 56 -1 Section 56.01: APPLICATION 56 -1 Section 56.02: PURPOSE 56 -1 Section 56.03: PERMIT 56 -1 Section 56.04: FENCE HEIGHT 56 -256 2 Section 56.05: FENCE MATERIALS 56 -2364 Section 56.06: LIVING FENCES 56 -2364 Section 56.07: BORDER FENCE OR WALL 56 -256 2 Section 56.08: VARIANCE 56 -356 3 Section 56.09: PRE - EXISTING FENCES 56 -356 3. Section 56.10: MAINTENANCE OF FENCE 56 -356 3 Section 56.11: EMERGENCY ACCESS TO FENCED AREAS 56 -356 3 Section 56.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS 564156 4 Section 56.13: PENALTIES/REMEDIES 564156 4 56 -0 CHAPTER V — BUILDING, LAND USE & REGULATIONS ORDINANCE 56 FENCE ORDINANCE Section 56.01: APPLICATION. This ordinance shall apply to the construction and maintenance of all walls or fences, to include living fences as defined herein, within the City. This Ordinance shall be applied in conjunction with Ordinance 52.12, Subd. 2, and be interpreted consistent therewith. The requirements of this Ordinance may also be subject to modification by the terms or conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of property. Section 56.02: PURPOSE. This Ordinance was enacted for the following purposes: a) To regulate fence or wall construction and location. b) To protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fences or walls on adjacent property. c) To assure that fences and walls are constructed on the property line or within the property of the party who will maintain the wall or fence. d) To assure consistency in the location of fences and walls constructed in residential districts. e) To require walls and fences be constructed of a low maintenance material. f) To require walls or fences to be constructed of non -toxic materials. Section 56.03: PERMIT. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property on which the wall or fence is to be constructed or reconstructed shall first secure a fence permit from the City Administrator /Clerk. A permit fee, in an amount set by resolution of the City Council, shall be paid at the time the application for a permit is submitted. The application shall contain the following: a) Legal description of the property on which the fence or wall is to be constructed or reconstructed, b) Sketch showing the location of the fence or wall on the property, c) A description of the materials to be used in the construction of the fence or wall, d) A description or sketch of the design and dimensions of the fence or wall, 56 -1 CHAPTER V — BUILDING, LAND USE & REGULATIONS e) Compliance with the provisions of Section 56.07 (Border fence or wall). The application shall be referred to the City Building Inspector for review and the issuance of a permit upon a determination that the proposal complies with this Ordinance. The fence or wall shall be inspected by the Building Inspector upon completion of construction or reconstruction, to assure compliance with this Ordinance. Section 56.04: FENCE HEIGHT. a) Fences and walls located within a residential area shall not exceed the height of seven feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four feet. b) Fences and walls located in a commercial area shall not exceed the height of eight feet. c) Fences and walls in an industrial area shall not exceed eight feet unless a higher fence or wall is approved as part of the special use permit allowing the industrial use. d) If two different zones abut, the zoning requirements of the property owner constructing the fence shall control. Section 56.05: FENCE MATERIALS. Fences shall be constructed out of wood or chain link materials. Walls shall be constructed out of stone or brick not less than four inches nor more than twenty -four inches in width and shall be set on a firm foundation half again as wide at the base as the wall and resting on footings located below the frost line. • ... _ : - , : - - - - . - - . - •. - . All chain link fences shall be made out of a non -rust material. Barbed wire and electrical fences are strictly prohibited except as allowed by special use permit in an industrial area. Use of creosote lumber is strictly prohibited. Other materials which are not specifically allowed by this Section, nor specifically prohibited, may be permitted by variance granted pursuant to Section 52.07.02 herein if they do not conflict with the stated purposes of this Ordinance. — ordinance 52.21 Amended 06/05/12 Section 56.06: LIVING FENCES. Living fences may be constructed out of trees or shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the living fence located to the front of a residential structure shall not exceed four feet. The owner of the property adjacent to a living fence may trim or prune that part of the tree or shrub which extends across the property line over his or her property. Section 56.07: BORDER FENCE OR WALL. a) Fences and walls shall be constructed at least two feet inside the property line, 56 -2 CHAPTER V — BUILDING, LAND USE & REGULATIONS • . - - - - - • - - • - • - - - . .. - - - -, or if the fence or wall is constructed of maintenance -free materials in accordance with paragraph (c) of this section. Written-consent shall be delivered to the City at the time application is made for permit. Ordinance 52.21 Amended 06/05/12 b) For any fence or wall located en- adjacent to or within six feet of a property line, that side of the fence which presents the most finished appearance, shall be the side which faces the adjacent property. c) A fence or wall constructed of maintenance -free materials may be constructed adjacent to the property line so long as all parts of the fence, including post anchors, are located within the property of the owner and so long as the bottom of the fence (exclusive of posts or anchors) is at least two inches above the ground. For purposes of this paragraph, the term "maintenance -free materials" shall include stone, brick, stucco, vinyl, plastic, or chain -link which is finished with a rust resistant material. d) No fence shall be constructed which is approximately parallel to an existing fence, and closer than two feet so as to create an area between the fences which has limited accessibility for purposes of maintenance. Section 56.08: VARIANCE. Provisions of this ordinance may be varied by the City Council upon application, and after consideration and hearing by the Planning Commission with recommendation to the City Council. A fence variance application fee may be established by resolution of the City Council. In considering an application for a variance, the purposes for the enactment of the Ordinance (Section 56.02) should be considered. Section 56.09: PRE - EXISTING FENCES. This Ordinance shall apply only to fences and walls constructed or reconstructed after July 1, 1992. Any pre- existing fence that does not conform with the provisions thereof shall not be altered, extended or reconstructed except in conformance with this Ordinance. Section 56.10: MAINTENANCE OF FENCE. a) All fence and walls located within the City shall be maintained in a safe condition. The owner of the property on which a fence or wall is located shall be responsible for the maintenance and repair of the fence. b) No fence or wall may be maintained in a location which obstructs the ability of a driver of a motor vehicle to see other drivers or pedestrians on any street or alley. Section 56.11: EMERGENCY ACCESS TO FENCED AREAS. An access opening for emergency entrance shall be incorporated into any fenced areas within which a building is totally or partially located. For residential use property, the access opening shall be at least four (4) feet in width. For commercial or industrial use property, the access opening shall be at least fourteen 56 -3 CHAPTER V — BUILDING, LAND USE & REGULATIONS (14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient width. Section 56.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences may only be erected over an easement if the landowner meets the requirements of St. Joseph Ordinance Section 32.03(b). If the request for the fence is approved, the City retains the right to require the landowner to remove or abate the fence where the fence interferes in any manner with the City's easement use. If there is an emergency necessitating immediate access to the easement, the City reserves the right to remove the fence to obtain access to the easement. The landowner shall bear all costs for removal and restoration of the fence in the event the landowner is required to remove the fence for access to the easement or in the event the City removes the fence in the case of an emergency. The City specifically reserves all rights of an easement holder afforded under the common law of the State of Minnesota. Section 56.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the terms under which this permit is granted, violation of the conditions is a violation of this ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a Court order directing maintenance or removal of the fence or injunctive relief prohibiting construction or maintenance of a fence in violation of this ordinance. Sec. 56.7(a) & (c) updated 2/24/98 Sec. 56.7(c), 56.12 & 56.13 amended 1/07 56 -4