HomeMy WebLinkAboutOrdinance 506 Fence Ordinance
CHAPTER V – BUILDING, LAND USE & REGULATIONS
ORDINANCE 506 FENCE ORDINANCE ........................................................................ 506-1
Section 506.01: APPLICATION ................................................................................ 506-1
Section 506.02: PURPOSE ......................................................................................... 506-1
Section 506.03: PERMIT ............................................................................................ 506-1
Section 506.04: FENCE HEIGHT .............................................................................. 506-2
Section 506.05: FENCE MATERIALS....................................................................... 506-2
Section 506.06: LIVING FENCES ............................................................................. 506-3
Section 506.07: BORDER FENCE OR WALL ........................................................... 506-3
Section 506.08: VARIANCE ...................................................................................... 506-4
Section 506.09: PRE-EXISTING FENCES ................................................................ 506-4
Section 506.10: MAINTENANCE OF FENCE .......................................................... 506-4
Section 506.11: EMERGENCY ACCESS TO FENCED AREAS ............................... 506-4
Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS ....... 506-4
Section 506.13: PENALTIES/REMEDIES ................................................................. 506-4
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
ORDINANCE 506 FENCE ORDINANCE
Section 506.01: 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.
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 506.02: 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 adjacent to 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 506.03: 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 Building Official. 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,
e) Compliance with the provisions of Section 506.07 (Border fence or wall).
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
The application shall be reviewed by the City Building Inspector for issuance of a
building 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 506.04: 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; except fences located between the front of the industrial structure and the
adjacent roadway shall not exceed four feet in height.
d) If two different zones abut, the zoning requirements of the property owner
constructing the fence shall control.
Section 506.05: FENCE MATERIALS.
1. Fences constructed in residential zoning districts shall not be constructed with
prohibited materials as listed in Section 506.05 Subd. 4. All wood fences, other
than those constructed out of redwood or cedar shall be stained or painted upon
completion of construction or reconstruction. Chain link fences shall be made out
of a non-rust material.
2. Decorative, landscape, retaining and/or privacy walls may be constructed out of
stone masonry or brick provided they are: not less than four inches or more than
24 inches in widths. Such walls over four (4) feet in height shall require footings
that support the structure as required by the MN State Building Code.
3. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited
unless they are formed from decorative and/or colored concrete, less than 24
inches in height and included as part of an overall landscape theme which has
been developed.
4. The following materials are prohibited for fences, but not limited to:
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
a. Barbed wire and electrical fences, except in agricultural districts;
b. Creosote lumber;
c. Chicken wire;
d. Woven or welded wire, except in the industrial district
e. Snow Fences, except in the Agricultural/Rural Residential District
f. Plastic webbing, except when used for police control. This shall not
prohibit the use of plastic materials intended to resemble wood products;
g. Makeshift, flimsy materials, or material such as paper, twine, rope, tin,
except when used for traffic control or police security.
5. Other materials which are not specifically allowed by this Section, nor
specifically prohibited may be permitted subject to City Council review and
approval.
Section 506.06: 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 506.07: BORDER FENCE OR WALL.
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.
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.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
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 506.08: 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. .
Section 506.09: 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 506.10: 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 506.11: 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 506.12: 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 302.03(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 506.13: 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
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
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. 506.7(a) & (c) updated 2/24/98
Sec. 506.7(c), 506.12 & 506.13 amended 1/07
Ordinance Amended 07/05/12
Ordinance Amended 04/03/13
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