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HomeMy WebLinkAboutOrdinance 599 ORDINANCE NO. BEING AN ORDINANCE REGULATING THE ERECTION, PLACEMENT~ AND MAINTENANCE OF FENCES IN THE CITY OF COLUMBIA HEIGHTS. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1. (a) Definition. A fence is defined for the purpose of this ordinance .as any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature, not including plantings. (b) Permit Required. No person, firm or corporation shall here-- after construct, or cause to be constructed or erected within the City of Columbia Hei~jhts, any fence without first making application for and securing a permit therefor from the Building Inspector of the City of Columbia Heights. (c) Application. All such permits shall be issued upon a written application which shall set forth the type of fence, the material to be used therefor, its height and exact location. A fee of $4.00 shall be paid with each such application. (d) Location. All boundary line fences shall be located entirely upon the private property of the person, firm, or corporation constructing or saucing the construction of such fence unless the owner of the property adjoining agrees in writing that such a fence may be erected on the division line of the respective properties. In case of a property line dispute, the City Council may require the applicant to have a new boundary line survey made to establish the correct property division line. (e) Construction and Maintenance. Every [ence shall be construc- ted in a substantial, workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is proposed to be used. Every fence shall be maintai~.~ed in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous, or constitute a nuisance, public or private. Link. fences, wherever permitted, shall be constructed in such a manner that the barbed end is at the bottom of the fence and the knuckle end is at the top thereof. (f) Barb Wire Fence Prohibition. Barbed wire fences shall not be permitted, used or constructed except in industrial districts as hereinafter provided. (g) Residential District Fences. No fence shall be erected or maintained more than three and one-half feet (3-1/2 fti in height from ground level except that: 1. fences on any corner lSt erected within thirty feet (30 ft) of the intersecting curb line shall not be higher than thirty-six inches (36 in) above the ground level, 2 o fences on side property lines shall not be more than seven feet (7 fti in height and may be placed in accordance with Section 1 (di from the rear lot line corner along the side tot line to a point directly in line ~vith the back wall of the principal building first reached on either adjoining lot. Provided that if such principal building is located more than fifty feet (50 ft) away from such fence line and is owned by someons other than the fence owner or erector, then such seven foot (7 fti side yard fence may be constructed to'a point of such side yard which vcould be inter- sected by the rear line of the principal building on said lot thus fenced, 3. fences along any rear property tine, ~hich is also the rear property line of an abutting property shall not exceed seven feet (7 fti in height. Fences along any rear property line which abuts a public alley shall be no closer than three feet (3 ft) from said back lot line, 4. fences along a rear property line which line constitutes the side lot line of an abutting lot shall not exceed seven feet (7 ft) in height for a distance calculated as in No. 2 herein. All fences in any residential district, other than front yard fences, shall be constructed in such a manner that at least 50% of the plane betv~een the ground and the top of the fence is open, and in calculating such percentage, distances of 50 feet ($0 ft) may be averaged beginning at the permitted point next to the principal building. 5. All fences in front of the front line of the house shall be constructed in such a manner that at least 90% of the plane between 'the ground and the top of the fence is open at every point along said plane. (h) Commercial District Fences. Property line fences within any commercial district shall not exceed seven feet (7 ft) in height except that: 1. if the applicant can prove to the satisfaction of the City Council that a fence for security reasons is necessary above said permitted height, a fence not exceeding eight feet (8 fi) in heiglht may be erected along the rear, side, and front lot lines provided that such fence exceeding seven feet (7 fti in height is constructed with a set-back from the front property line of fifteen feet (t5 fti, and 2. lances erected along a property line in common with any residential district shall be subject to the regulations herein set forth in the residential districts. [[i) Industrial District Fences. Property line fences in any industrial district shall not exceed eight feet (8 ft) in height, except that: 1. fences erected along a property line in common with a residential district shall be subject to the provisions herein de.- scribed in residential district fences, and 2. fences in industrial districts which are primarily erected as a security measure may have arms projecting into the applicanfs property on which barbed wire can be fastened commencing at a point at least seven feet (7 ft) above ground, and 3. such fence shall not be erected within the landscaped portion of the front yard of any industrial establishment. (j) Special Purpose Fences. Fences for special purposes and fences differing ~n construction, height or length may b,e permitted in any district in the City of Columbia Heights by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the City Council upon,proof and reasons submitted by the applicant and upon the signing by said bodies that such special purpose 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 con+ sideration thereof, first be served upon all abutting properties by such applicant with proof of service filed with the Planning and Zoning Commission, which notice shall pro- vide a date for the hearing of a.ny objections to the erection of such fence before the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction, and type of special fence thereby permitted. Section 2. Should any section, subdivision, clause, or other provision of this ordinance be declared by a Court of competent jurisdiction to be invalid, such de- cision shall not effect the validity of the ordinance as a whole nor of any part thereof other than the part so declared to be invalid. Section 3. Any person violating this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $100.00 or by imprisonment for a period not to exceed 90 days. Section 4. This ordinance shall take effect and be in force from and after thirty (30) days after its passage. t~irst Reading: 5/24/65 Second Reading: 3/27/67 Offered By: King Seconded By: Orendorff Roll Call: King & Land - Nayss ~ Jes.]ia~, 4Drendorff, BIawrocki- Secretary of the Council NO. ~ BEING AN ORDINANCE AMENDING ORDINANCE NO. ~63, REGULATING TKE USE OF HIGHWAYS WITHIN THE CITY OF COLUMBIA KEIGHTS INCORPORATING THE PROVISIONS OF TKE STATE HIGHWAY REGISTRATION ACT BY REFERENCE AND IMPOSING A PENALTY FOR TKE VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF COLUFfBIA HEIGHTS DOES ORDAin: Section 1. Ordinance NOo ~65 is hereby amended to read as follows: The regulatory provisions of the State of Minnesota Statutes of 1955, Chapter 169 as Amended by the Laws of 1955, 1957, t959~ 1961 and 1965 are hereby adopted as a traffic ordinance regulating the use of highways, streets and alleys and elsewhere within the City of Columbia Heights~ are hereby incorporated in and made a part of this ordinance as completely set out here in fullo Section 2. This ordinance shall take effect and be in force from and after thirty (30) days after its passage. First reading: Second Reading: Offered by: Seconded by: Roll Call: April 26, 1965 May 10, 1965 Land Orendorff Ail Ayes. Secretary to 'the City Council