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HomeMy WebLinkAboutOrdinance 822CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES COLUMBIA HEIGHTS, MINNESOTA 55421 ORDINANCE 822 BEING AN ORDINANCE REGULATING THE ERECTION, PLACEMENT AND MAINTENANCE OF FENCES IN THE CITY OF COLUMBIA HEIGHTS AND REPEAL OF ORDINANCE NO. 599 AND ORDINANCE NO. 764. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1. Ordinance No. 599, being an ordinance regulating the erection, placement and maintenance of fences in the City of Columbia Heights is herewith repealed. Section 2. Ordinance No. 764, being an ordinance amending Ordinance 599, being an ordinance regulating the erection, placement and maintenance of fences in the City of Columbia Heights is herewith repealed. Section 3. A. DefinLtions Fence. A fence is any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. Privacy fence. A privacy fence is a fence more than 42 inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. Permit Required No person, firm or corporation shall construct, or cause to be constructed or erected within the City of Columbia Heights, any fence without securing a permit therefor from the Building Inspector' of the City of Columbia Heights. Application No such permit may be issued unless a written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. The City Council of the City of Columbia Heights shall by annual resolution set the amount of the fee to be paid before such a per- mit may be granted. Should the City Council of the City of Columbia Heights fail to pass such a resolution during any year, the fee schedule established by the previous year's resolution shall be applicable as the required amount to be paid upon the submission of such application. De mJ Loca t i on All boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A copy of the written agreement shall be filed with the application for permit with the Building Inspector. In the case of a property line dispute, tlse Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his property by survey thereof be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. Construction and maintenance Fences and free standing walls shall be constructed to withstand conditions of soil, weather and use. Every fence shall be constructed in a substantial and workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is proposed to be used. F. Minimum requirements for construction and maintenance Construction a. Woven wire fence type i. Shall be of a chain link type. ii. Shall be a minimum of eleven (11) gauge steel, with a two-inch maximum mesh. iii. Shall be constructed with fabric on the outside iv. The fabric shall have the knuckles up and the cut edge down. v. Materials are required to be of a hot dipped galvanized nature or equal. vi. There shall be no greater than ten feet lineal distance between posts. Alternating board type (vertical, horizontal or louver) i. Boards of a dimension less than 13/16" by less than 3¼" will be prohibited. ii. Fences constructed of materials other than tamarack, cedar, cypress, or redwood will be treated with a weather preservative. iii. The minimum post dimensions required are 3¼" by 3¼" be iV. No greater than eight (8) feet will be allowed for post spacing. Fastening nails shall be two and one-half (2½) inches long and other hardware shall be aluminum alloy or hot dipped galvanized or equal. vi. Fastenings made of corrosive metal shall not be used. c. Retaining walls or free standing walls i. Retaining walls and cribbing shall be used to stabilize steep slopes or prevent corrosion. ii. They shall be designed in accordance with sound engineering practice. iii.Cribbed slopes shall be appropriately planted, if open faced cribbing is used. All walls, block or stone shall be placed in four (4) inch concrete footing. The width shall be determined by the height of the wall. The face of the wall shall be slanted back by no less than a 3 degree angle. vi. Drains shall be placed in walls made of blocks or poured concrete at a lower level the distance determined by the Building Inspector. 2. Maintenance Every ~ence so constructed under this ordinance and any fence existing at the time of the passage of this ordinance s~all be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of dis- repair or dangerous. b. Should the Building Inspector notify any property owner that his fence is in a state of disrepair or is dangerous, such owner shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Inspectgr. Barbed wire fence prohibition Barbed wire fences shall not be permitted, used, or constructed except in industrial districts and upon property used for public purposes. Residential district fences 1. Height maximum. In residential districts, no fence more than seven feet in height may be erected or maintained. Rear fences. Fences along any rear property line which abut a public alley or street shall be no closer than three (3) feet from sald alley or street boundary l~ne. Privacy fence. A privacy fence may only be constructed if all the following criteria are met: a. An appllcation as required by Section I is filed along with the required permit. All property owners within 100 feet of the proposed fence shall be given at least ten days mailed notice of the public hearing before the Planning and Zoning Commission regarding the same. c. All property owners abutting said fence present a written agreement consenting to the approval of the same. The Planning and Zoning Commission approves at a public hearing the plans submitted by finding that a denial of such application would present an undue hardship on the applicant. No fence may be constructed or maintained in the front yard of any corner lot in such a manner as to obstruct vision from t~e adjacent streets of traffic approaching within thirty feet as measured from the center of the adjacent intersection. The Building Inspector shall determine the maximum allowable height for fences on a corner lot in accordance with his personal ob- servations and findings relating to visibility. No fence more than 42 inches high may be constructed or maintained in any front yard, nor may any fence more than 42 inches in height be erected, constructed or maintained on or near the side tot line of the property upon which such fence is to be constructed at any point which lies in the front and to the side of any house built on property adjacent to the property upon which such fence is to be constructed nor at any point which lies in front and to the side of any house on the lot upon which such fence is to be con- structed. I. Commercial district fences If the applicant can prove to the satisfaction of the City Council that a fence for security reasons is necessary above said per- mitted height, a fence not exceeding eight (8) feet in height may be erected along the rear, side, and front lot lines provided that such fence exceeding seven (7) feet in h~ight is constructed with a set back from the front property line of twenty (20) feet. Fences erected along a property line in common with any residen- tial district shall be subject to the regulations herein set forth in the residential districts, and shall have a maintained green area 20 feet wide located 20 feet from the adjoining residen- tial property line. Fences located on commercial property and adjacent to residential districts shall be subject to the most restrictive of either the residential regulation or commercial regulation or t~e zoning ordinance. Section 4. Section 5. Section 6. JJ Se Industrial district fences Fences erected along a property line in common with any residential district shall be subject to the regulations herein set forth in the residential districts, and shall have a maintained green area 20 feet wide located 20 feet from the adjoining residential property line. 2. Such fence shall not be erected within the lahdscaped portion of the front yard of any industrial establishment. e No provision of this ordinance shall in any way restrict the requirements of the zoning ordinance of the City of Colum$ia Heights. Special purpose fences Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City of Columbia Heights by the issuance of a special fence permit recom- mended by the Planning and Zoning Commission and approved by the City Council upon proof and reasons submitted by the applicant and upon showing by said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any such application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit if issued, may stipulate and provide for the height, location, con- struction, and type of special fence thereby permitted. Should any section, subdivision, clause or other provision of this ordinance be declared by a Court of competent jurisdiction to be invalid such decision shall not effect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid. Any person constructing, erecting, altering or maintaining a fence or required green area in violation of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $300 or by imprisonment for a period not to exceed 90 days. This ordinance shall take effect and be in force from and after thirty (30)' days after its passage. First reading: May 14, 1974 Second reading: June 10, 1974 Offered by: Logacz Seconded by: Land Roll call: Ayes,Logacz, Land, Nawrocki. o-tem to the Council Nay, Norberg. Bruce G. Nawrocki, Mayor