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repealed.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in the City of Columbia Heights is herewith repealed.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