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