HomeMy WebLinkAboutOrdinance 1350ORDINANCE NO. 1350
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, (six) 6 feet or higher, without securing a permit therefore
fi.om the Building Official 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 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 Official 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. 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 Official may similarly require any applicant for a
fence permit to obtain a similar survey. However, the Building Official 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. Minimum standards for construction of fences, flee 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 vinyl coated woven fabric minimum eleven and one-half(11 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 wails or flee standing walls shah 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 presems a
finished appearance to the adjoining property where applicable.
(e) With regard to measuring the permissible height offences 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 (2) A six (6) foot m-higher privacy fence may be constructed only
(b) Any such fence to be constructed or maintained in the front yard of any comer lot.
The Building Official shall determine the maximum allowable height for fences on a
comer lot in accordance with his personal observations and findings relating to visibility.
6.403 (4) (c) Any such fence will not be more than forty-two (42) inches high.
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 filled 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, 6 (six) feet or higher, without securing a permit therefore
from the Building Official 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 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 Official setting froth the type
of fence proposed, the materials to be used therefore, 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. 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 Official may similarly require any applicant for a
fence permit to obtain a similar survey. However, tlie Building Official 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. Minimum standards for construction of fences, free standing walls and retaining
wails shall be prescribed hereinafter.
6.402 (2) All fences shall be constructed of the following approved fencing materials:
(a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11 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 ~all shall be constructed in a manner that presents a
finished appearance to the adjoining property where applicable.
(e) 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 often-aced 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 or 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 (2) A six and one-half(6 1/2) foot high privacy fence may be constructed only within
property lines and shall not extend beyond the front comers of the main structure (house). Any
fence higher than six and one-half (6 1//2) feet would require a Special Purpose Fence Permit
approved by the Planning and Zoning Commission and City Council.
(a)
A site plan and construction plan for the fence location must be approved by the
Building Inspection/Planning Department staff and a Building Permit is issued.
Any such fence to be constructed or maintained in the front yard (limited to forty-
two (42) inches) or on a comer lot, no construction shall be permitted in excess of
thirty (30) inches above the abutting curb line shall be permitted within a
triangular area as defined as follows: Beginning at the intersection of the projected
curb line of two intersecting streets, then thirty (30) feet along one curb line, then
diagonally to a point thirty (30) feet from the point of beginning on the other curb
line then to point of beginning. The Building Official shall determine the
maximum allowable height for fences on a comer lot in accordance with his
personal observations and findings relating to visibility.
6.403 (4) (c) Any such fence will not be more than forty-two (42) inches high when constructed
anywhere within the front yard setback area up to the front comers of the main structure (house).
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 os such applicant with proof of service filled 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 effective January 1, 1998.
Offered by: Sturdevant
Seconded by: Pet e r son
Roll Call: A11 ayes
Fh-st Reading: Ju I y 28, 1397
Second Reading: August 11, 1997
Date of Passage: August 11, 1 397
/-Anne Student, Cou-nc~Secretary
~yofrjoseph Sturdevant