HomeMy WebLinkAbout[04c] Ordinance 56 Fence Amendment
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 ................................................................... 56-256-2
Section 56.06: LIVING FENCES .......................................................................... 56-256-2
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 .... 56-456-4
Section 56.13: PENALTIES/REMEDIES .............................................................. 56-456-4
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
ORDINANCE 56FENCE 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,
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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
linkmaintenance free materials as listed in section 52.07(c) of this Ordinance . 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 wood fences, other than those constructed out of
redwood or cedar, shall be stained or painted upon completion of construction or reconstruction.
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.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
a) Fences and walls shall be constructed at least two feet inside the property line or
adjacent to the property line, unless the unless the adjacent property owner
consents in writing to the construction and maintenance of the fence or wall
directly on the property line, 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 on 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, 19922012. 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
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
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
(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
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