HomeMy WebLinkAboutOrdinance 1335ORDINANCE N0.1335
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977,
AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS
The City of Columbia Heights does ordain:
6.401 (1) No person, firm, partnership or corporation shall construct,
or cause to be constructed, or erected within the City any fence without
securing a permit therefor from the Building Inspector who shall require
submission of an application prior to issuance of a permit.
6.401 (2) For purposes of this section, the following words shall have
the meaning ascribed to them:
(a) A fence is any partition, structure, wall or gate erected as a
dividing marker, barrier, or enclosure of a permanent nature.
(b) 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.
6.401 (3)The 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.
6.401 (4) 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. In the case of
a property line dispute, the 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 to 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.
6.402 (1) Fences, free standing walls, and retaining walls shall be
constructed in a substantial and workmanlike manner to withstand
conditions of soil, weather and use, and of substantial material
reasonably suited to the purpose for which the fence, free standing wall
or retaining wall is proposed to be used. No previously used materials
such as old barn boards or railroad ties may be used in any fence, free
standing wall or retaining wall within the City; provided, however, that
such materials may be used below the fill line in retaining walls, free
standing walls or other fences that are partially below ground. Minimum
standards for construction of fences, free standing walls and retaining
wall shall be prescribed hereinafter.
6.402 (2) The woven wire fence type shall be constructed in t. he
fol lowing manner:
(a) The fence shall be of a chain link type.
(b) The fence shall be a minimum of eleven (11) gauge steel, with
a two-inch maximum mesh.
(c} The fence shall be constructed with fabric on the outside so
that the unfinished side, if any, faces the property on which the
fence is constructed.
(d) The fabric shall have the knuckles up and the cut edge down.
(e) Materials are required to be of a hot dipped galvanized nature
or equal.
(f) There shall be no greater that ten feet lineal distance
between posts.
6.402 (3) The alternating board type (vertical, horizontal, or louver)
shall be constructed in the following manner:
(a} Boards of a dimension less than 13/16" by less that 3-1/4"
will be prohibited.
(b) Fences constructed of materials other than tamarack, cedar,
cypress, or redwood will be treated with a weather preservative.
(c) The minimum post dimensions required are 3-1/4" by 3-1/4".
(d) No greater than eight (8) feet will be allowed for post
spacing.
(e) Fastening nails shall be two and one-half (2-1/2) inches long
and other hardware shall be aluminum alloy or hot dipped
galvanized or equal.
(f) Fastenings made of corrosive metal shall not be used.
(g) The fence shall be constructed with the supporting posts on
the inside, when possible, so that the finished side does not face
the property on which the fence is constructed.
6.402 (4) Retaining walls or free standing walls shall be constructed in
the following manner:
{a) Retaining walls and cribbing shall be used to stabilize steep
slopes or prevent erosion.
(b) They shall be designed in accordance with sound engineering
practice.
(c) Cribbed slopes shall be appropriately planted if open faced
cribbing is used.
(d) 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.
(e) The face of the wall shall be slanted back by no less than a 3
degree angle.
(f) Drains shall be placed in walls made of blocks or poured
concrete at such levels as are determined by the Building
Official. The Building Official shall also determine the number
and distance between such drains.
(g) The retaining wall or free standing wall shall be constructed
with supporting posts and footings on the inside of the wall so
that the finished side does not face the property on which the
fence is constructed.
(h) With regard to measuring the permissible height of fences
which consist of or include retaining walls, terracing may not be
used as a device to exceed the height limitations of this chapter.
In the case of terraced walls or fences, each span of such
terraced wall or fence will be added to the height of the lowest
span of wall or fence to the extent that it exceeds the said
lowest span for purposes of determining the height of a wall or
fence under this chapter and the said total of those measurements
shall be considered as the height of a single fence or wall
hereunder.
6.403 (]) Barbed wire fences shall not be permitted, used or constructed
except in industrial districts and upon property used for public
purposes.
Every fence so constructed under this section and any fence existing at
the time of the passage of this section shall be maintained in a
condition of reasonable repair and shall not be allowed to become and
remain in a condition of disrepair or dangerous.
Any property owner who receives notice from the Building Official that
his fence is in a state of disrepair or is dangerous shall repair said
fence within thirty {30) days after receipt of written notice to abate
said condition by the Building Official.
6.403 (3) A privacy fence may be constructed only if:
(a) All property owners abutting said fence present a written
agreement consenting to the approval of the same.
(b) Any such fence to be constructed or maintained in the front
yard of any corner lot will not obstruct vision from the adjacent
streets of traffic approaching within thirty {30) feet as measured
from the center of the adjacent intersection.
The Building Official shall determine the maximum allowable height
for fences on a corner lot in accordance with his personal
observations and findings relating to visibility.
(c) Any such fence will not be more than 42 inches high if
constructed or maintained as follows:
1. In any front yard or near the side lot line of the
property upon which such fence is to be constructed.
2. At any point which lies in the front and or to the side
of any house built on property adjacent to the property upon
which such fence is to be constructed.
3. At any point which lies in front and or to the side of
any house on the lot upon which such fence is to be
constructed.
6.403 (4) Fences for special purposes and fences differing in
construction, height or length may be permitted in any district in the
City by the issuance of a special fence permit recommended by the
Planning and Zoning Commission and approved by the 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 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, construction and type of special fence thereby permitted.
is hereby amended to read as follows:
6.401 (1) No person, firm, partnership or corporation shall construct,
or cause to be constructed, or erected within the City any fence, (six)
6 feet or higher, without securing a permit therefore from the Building
Inspector who shall require submission of an application prior to
issuance of a permit.
6.401 (Z) For purposes of this section, the following words shall have
the meaning ascribed to them:
(a)
A fence is any partition, structure, wall or gate erected as
a dividing marker, barrier, or enclosure of a permanent
nature.
(b)
A privacy fence is a fence more than forty-two (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.
(c) Front yard is any portion within the front yard setback.
6.401 {3) The 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.
6.401 (4) 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-eepy-ef-tke wr4tten
a§reement-sha~-be-f~)ed-w~tk-tke-app~eat~e~-fer-perm4t. In the case
of a property line dispute, the Building Inspector may require the owner
of the property upon which a fence now exists to cause to establish a
boundary line of his/her property by survey thereof to 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.
6.402 (1) Fences, free standing walls, and retaining walls shall be
constructed in a substantial and workmanlike manner to withstand
conditions of soil, weather and use, and of substantial material
reasonably suited to the purpose for which the fence, free standing wall
or retaining wall is proposed to be used. No previously used materials
such as old barn boards or railroad ties may be used in any fence, free
standing wall or retaining wall within the City. prev4ded~-hewever~-that
such mater~a~s-may-be-used-be)ew-the-~)-~e-~-~e~a~§-wa~s~-free
staed~§-wa)~s-er ether-feeees-that-are-part4a))y-be)ew-§reund. Minimum
standards for construction of fences, free standing walls and retaining
walls shall be prescribed hereinafter.
6.402 (2) All fences shall be constructed of the following approved
fencing materials:
(a) Galvanized or vtnyl coated woven fabric minimum eleven and
one-half (I]-1/2) gauge, with two (2) inch maximum mesh, with
knuckles up and cut edge down.
(b) Approved vinyl fencing materials.
(c) Treated wood or wood of natural materials resistant to decay.
6.402 (3) All fences shall be constructed with the posts on the inside
of the fence with the finished side facing the adjacent properties.
6.402 (4) Retaining walls or free standing walls shall be constructed in
the following manner:
(a) Retaining walls and cribbing shall be used to stabilize steep
slopes or prevent erosion.
(b) They shall be designed in accordance with sound engineering
practice; including, but not limited to, a minimum four (4) inch
concrete footing of appropriate width and drains of appropriate
type, size and spacing.
(c) Cribbed slopes shall be appropriately planted if open faced
cribbing is used.
(d) The retaining wall or free standing wall shall be constructed
in a manner that presents a finished appearance to the adjoining
property where applicable w~th-suppert~n§-pests-and-feet~§s-en
the-~es~de-ef-the-wa))-se-that-the-f~n4sked-s~de-dees-aet-faee-the
preperty-ea-wh4~h-t~e-feace-~s-~eastru~ted.
(h) With regard to measuring the permissible height of fences
which consist of or include retaining walls, terracing may not be
used as a device to exceed the height limitations of this Chapter.
In the case of terraced walls or fences, each terraced wall or
fence will be added to the height of the lowest span of wall or
fence, to the extent that it exceeds the said lowest span for
purposes of determining the height of a wall or fence under this
Chapter, and the said total of those measurements shall be
considered as the height of a single fence or wall hereunder.
6.403 (1) Barbed wire fences shall not be permitted, used or constructed
except in industrial districts and upon property used for public
purposes.
Every fence so constructed under this Section and any fence existing at
the time of the passage of this Section shall be maintained in a
condition of reasonable repair and shall not be allowed to become and
remain in a condition of disrepair or dangerous.
Any property owner who receives notice from the Building Official that
his/her fence is in a state of disrepair or is dangerous shall repair
said fence within thirty (30) days after receipt of written notice to
abate said condition by the Building Official.
6.403 (3) A six (6) foot or higher privacy fence may be constructed only
if:
(a) All property owners abutting said fence present a written
agreement consenting to the approval of the same at time of
submitting an application.
(b) Any such fence to be constructed or maintained in the front
yard of any corner lot will not obstruct vision from the adjacent
streets of traffic approaching within thirty (30) feet as measured
from the center of the adjacent intersection. The Building
Official shall determine the maximum allowable height for fences
on a corner lot in accordance with his personal observations and
findings relating to visibility.
6.403 (4) (c) Any such fence w111 not be ~ore than forty-two (42) inches
high if constructed anywhere within the front yard setback areas and/or
if a corner lot, within the side yard setback areas on the corner side.
6.403 (5) Fences for special purposes and fences differing in
construction, height or length may be permitted in any district in the
City by the issuance of a special fence permit recommended by the
Planning and Zoning Commission and approved by the Council upon proof
and reasons submitted by the applicant and upon showing to said bodies
that such special fence is necessary to protect, buffer, or improve the
premises for which such fence is intended. Notice of any 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, construction and type of special fence thereby permitted.
This Ordinance shall be in full force and effect from and after thirty
{30) days after its passage.
Offered by:
Seconded by:
Roll Call:
Peterson
Ruettimann
All ayes
First Reading: October 28, 1996
Second Reading: November 12, lg96
Date of Passage: November 12, 1996 /1
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