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HomeMy WebLinkAbout[07a-ii] Ordinance Amendments - Fence j kAI' 494 " 0-1Aj \ttt crrr OF ST.JOSErn Planning Commission Agenda Item 6 MEETING DATE: July 2, 2012 AGENDA ITEM: Ordinance Amendments a. Ordinance 52.21 Corridor Overlay District b. Ordinance 56 Fence SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: On June 4, 2012 the Planning Commission conducted a public hearing to consider the amendment to Ordinance 52.21 Corridor Overlay and Ordinance 56 Fence. Upon closing the public hearing the Planning Commission tabled action and requested staff provide additional information. BACKGROUND INFORMATION: On June 20 the staff meet to consider the Ordinance Amendments listed above. Staff participating in the discussion included: Pete Jansky, Terry Thene, Tom Jovanovich, Randy Sabart, Lori Bartlett, Joann Foust and Judy Weyrens. The following is a summary of the unanimous recommendations of staff. CORRIDOR OVERLAY The Ordinance has been revised as follows: • Impact area has been re- written to add clarity and remove the six block developed area. • Setback area has been reduced to aflow additional developable area. • Sign height has been raised to accommodate traffic speeds and need for visibility. • Viewshed has been modified • Fence provision has been removed and placed within the fence ordinance to avoid confusion. • Mechanical provision was a duplicate of commercial districts and has . been removed • Grammatical error corrected • Outdoor lighting standard was updated to reflect general provisions. FENCE The staff had considerable discussion on this amendment. First, the amendment was brought to the Planning Commission for consider by request of the Council. One of the Council members requested the Planning Commission consider changing the setback of the fence ordinance based on a resident concern. The matter was delayed due to a compliance matter and was ready for discussion again in 2012. The Planning Commission spent considerable time reviewing and proposing a revised Ordinance. At the June Planning Commission testimony was received on the proposed amendment opposing the amendment as it related to allowing a fence to be located adjacent to a property line as in the residents opinion that provided ownership of the property line. The resident requested that the fence only be allowed adjacent to the property line if the adjacent property owner consents in writing. Staff discussed this provision and does not recommend requiring a signature to place the fence adjacent to the line for the following reasons: 1. The City could be creating adverse possession matters for property owners. If the property owner does not maintain the area, the adjacent property owner could make a claim after a number of years. 2. Maintenance could become an issue as two feet does not allow much room for maintenance and therefore it may not be completed. 3. Is changing the Ordinance to a two foot setback unless consent for the majority of the population or is the decision for a small percentage. Policy should be based on the greater good. 4. An adjoining property owner should not have veto rights to prohibit someone full use of their property. If there is a dispute and the neighbor wants a maintenance free fence and the neighbor objects, that owner would lose the right to use two feet of property. The current Ordinance without amendment already allows construction to the property line with a maintenance free fence. It is not understood what is meant by owning the property line as everyone is entitled to use their property up to the line. Property owners have utilized corners of fences to connect fence without issue. To address the testimony on competing ordinances and fence provisions, the section referred to has been removed from the Overlay district and placed in the fence ordinance. For ease of reading the Ordinances have been provided with redline and without. ATTACHMENTS: Request for Planning Commission Action Ordinance Amendment 52.21 Transportation Corridor Overlay Ordinance Amendment 56 Fence REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation to the City Council for possible adoption. RESOLUTION 2012 -014 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 56 (Fence) RECITALS: WHEREAS, on July 5, 2012, the City Council for the City of St. Joseph amended Ordinance 56, entitled "Fence "; and WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and WHEREAS, the proposed amended prescribes the regulations for constructing fences in all zoning districts. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance. 2. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this day of , 2012, by a vote of in favor and opposed. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator THIS PAGE INTENTIONALLY LEFT BLANK AMENDMENT TO ORDINANCE 56 FENCES The City Council of the City of St. Joseph hereby ordains: That Ordinance 56 is revoked in its entirety and the following language is enacted in its place: 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, 0 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; except no fence shall be permitted in the front yard, unless the fence enhances the visual appearance of the site /landscaping and the fence does not exceed two feet in height and is of a reasonable linear length. Chain link fences, including those with slats are prohibited when visible from the public right of way. 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 maintenance free materials as listed in section 52.07(a) 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 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. Ordinance 56 Amended 07/05/12 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. 1 a) 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. b) Fences and walls shall be constructed at least two feet inside the property line or adjacent to the property line, unless the, fence or wall is constructed of maintenance -free materials in accordance with paragraph (a) of this section. Ordinance 56 Amended 07/05/12 c) For any fence or wall located 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. 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, 2012. 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 2 (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 Ordinance 56 Amended 07/05/12 This amendment was adopted the day of , 2012 and shall be effective upon publication. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator This amendment was published on , 2012 3 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; except no fence shall be permitted in the front yard, unless the fence enhances the visual appearance of the site/landscaping and the fence does not exceed two feet in height and is of a reasonable linear length. Chain link fences, including those with slats are prohibited when visible from the public right of way. 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 maintenance 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 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. . ordinance 5221 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. 56 -2 CHAPTER V — BUILDING, LAND USE & REGULATIONS a) 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. b) Fences and walls shall be constricted at least two feet inside the property line or adjacent to the property line, unless the , the fence or wall is constructed of maintenance-free materials in accordance with paragraph (c) of this section. Ordimnce 52.21 Amended 06/05/12 c) For any fence or wall located 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. -" 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, 2012. 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. 56 -3 CHAPTER V — BUILDING, LAND USE & REGULATIONS 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 (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. Se . 56.7(a) & (c) updated 2/24198 Sec. 56.7(c), 56.12 & 56.13 amended 1107 • 56-4 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 -356 2 Section 56.08: VARIANCE 56 -356 3 Section 56.09: PRE - EXISTING FENCES 56 -356 3 Section 56.10: MAINTENANCE OF FENCE 56 -336 -3 Section 56.11: EMERGENCY ACCESS TO FENCED AREAS 564364 Section 56.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS 56 -436 -4 Section 56.13: PENALTIES/REMEDIES 56436 -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 exc - .t no fence shall be • ermitted in the front and unless the fence enhances the visual appearance of the site/landscaping and the fence does not exceed two feet in height and is of a reasonable linear length.: Chain link fences, including those with slats are prohibited when visible from the public right of way. 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 I Section 56.05: FENCE MATERIALS. Fences shall be constructed out of wood or ahem llnikmaintenance 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 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. e . . = - : .. - - . . " _ - • _ .. ::--1*- e . .. _ordinance 5221 • 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. 56 -2 CHAPTER V — BUILDING, LAND USE & REGULATIONS Section 56.07: BORDER FENCE OR WALL. a) Fences and walls shall be constructed at least two feet inside the property line or adjacent to the property line, unless -the . - - .. _ .. - - . -• , er -4the fence or wall is constructed of maintenance- free materials in accordance with paragraph (c) of this section. Written-eensent _. - : _ -• _Ordinance 52.21 Amended 06/05/12 b) For any fence or wall located en-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. 56-3 CHAPTER V — BUILDING, LAND USE & REGULATIONS 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 (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 1M17 56-4