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ORD 06-009 . . . ORDINANCE 06 - -.!l9 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-796 "FENCES; VISIBILITY AT INTERSECTIONS AND DRIVEWAYS" OF THE CITY CODE OF ORDINANCES Case No. OA 06-05 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 30-796 titled "Fences; visibility at intersections and driveways" of the City of Elk River Code of Ordinances shall be amended by amending the following: (a) Height restrictions. In any residential zone on any lot, no fence or planting shall rise over 21/2 feet in height above the level of the public sidewalk or curb of street within ten feet of the front property line. (b) Height 0/ fences in side and front yards. No fence in a front yard or along a side line of a lot in a residential zone, other than a retaining wall, shall be higher than six feet in height unless the adjoining lot is not in a residential zone. COl}struction of a fence exceeding six feet in height requires a building permit. (c) Height 0/ fences in rear yard No fence higher than eight feet may be located in a required rear yard in a residential district, unless the adjoining lot is not in a residential zone. Construction of a fence exceeding six feet in height requires a building permit. (d) General requirements for fences. (1) Location. Any fence shall be located entirely upon the private property of the person constructing or causing the construction of such fence unless the owner of the adjoining property agrees, in writing, that such fence may be erected on the division line of the respective properties. The director of planning or their designee may require the owner of the property upon which a fence exists to establish the boundary lines of the property by a survey thereof. (2) Construction and maintenance. a. Every fence shall be constructed in a complete and substantial manner and of materials reasonably suited for the purpose for which the fence is proposed to be used. b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be constructed or continue which is dangerous to the public safety, health, or welfare as determined by the director of planning or their designee. c. Electric fences, barbed wire fences and barbless wire fences shall be permitted only in the A-1 and R-1a zoning districts when related to farming, but not as boundary fences. (3) Finished side o/fence to face aC!joiningpropertJ. If the material used in the fence construction is not finished on both sides, the fInished side of the material shall be on the outside, facing the abutting or adjoining properties, and all posts or structures supporting the fence shall be on the inside of the fence. (4) a. All below ground pools that require a building permit and shall be enclosed with a fence that is a minimum four feet high and includes lockable gates. The fence shall be installed prior to f1lling the pool. Fencing shall be chain link, vertical pickets or solid. Spaces between the bottom of the fence and the ground or between the pickets shall not exceed four inches. b. All above ground pools that require a building permit shall have access controlled with a means to prevent access into the above ground pool when unoccupied. Failure to prevent access into an above ground pool when unoccupied is a misdemeanor. be cadosed with li fefiee thlit complies w:ith stlifidll1'ds for bdo ~ ground 1'0013. On libo~ c ground poob thlit lI1'e li 1'niftimum of f6tl1' feet abm; c grade on ill sides, lieeess Clift cofi1:f5Hed w:ith li15cka:blc Of remm; able llldde1'. c. All pool related chemicals shall be stored inside a structure. (Code 1982, ~ 900.20(6); Ord. No. 03-10, ~ 1,6-16-2003; Ord. No. 04-15, ~ 1, 10-18-2004) . Section 2. That this ordinance shall take effect upon publication as provided by law. . . Passed and adopted by the City Council of the City of Elk River this 17th day of July, 2006. Attest: ~'~ Steph 'e Klinzing Mayo (\.'.~'1 I /. /}J!.1 '7" (JvrU/l~/X.-<-~";;7t J qan Sthmidt City 9lerk _/ Affidavit of Publication STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) ORDINANCE, o6.09 � �� � ,S , CITY OF ELK RIVER being duly sworn, on oath says that he/she is the publisher AN ORDINANCE OF THE CITX OF ELK RIVED or authorized agent and employee of the publisher of the AMENDING SECTION 30.796 "FENCES;VISIBILITY AT newspaper known as the Elk River Star News, and has full INTERSECTIONS AND DRIVEWAYS" knowledge of the facts which are stated below: OF THE CITY CODE OF ORDINANCES A) The newspaper has complied with all the Case No.OA 06-05 requirements constituting qualification as a qualified The City Council of the City of Elk River does hereby ordain as newspaper, as provided by Minnesota Statute 331A.02, follows: Section 1. Section,30-796 titled 331A.07, and other applicable laws, as amend% . "Fences;visibility at intersections' B) The printed (J and driveways"of the City of Elk Riper'"Code bf Ordinance's shall be amended by amending the fol- lowing: which is attached was cut from the columns of said (a)Height restrictions. In any residential zone on any lot, no newspaper, and was printed and published once each fence or planting shall rise over 2 1/2 feet in height above the level week, for t successiye weeks; it w s first published ' of the public sidewalk or curb of on Wednesday, the •�,°day of street within ten feet of the front Property line. 20--OLO, and was thereafter printed and pu lished every (b)Height of fences in side and front yards. No fence in a front Wednesday to and including Wednesday, the yard or along a side line of a lot in day f , 20 ;and printed below a residential zone, other than ar; y retaining wall, shall be higher is a copy of the lower case alphabet from A to Z, both than six feet in height unless the adjoining lot is not in a residen- inclusive, which is hereby acknowledged as being the size tial zone.Construction of a fence 'exceeding six feet in height and kind of type used in the composition and publication requires a building permit. (c) Height of fences in rear yard. of the notice. No fence higher than eight feet may be located in a required rear yard in,a'residential district, abcdefghijklmnopgrstuvwxyz unless the adjoining-jot is not in a residential zone.Construction of a' fence exceeding six feet in height requires a building permit. BY: '(d) General requirements for TITLE: fences. (1)Location. Any fence shall be located entirely upon the private property of the person construct- Subscribed and sworn to before me on this day of ing or causing the construction of such fence qnless the owner of the 20 adjoining property agrees, in 4 writing,that such fence may be erected on the division line of the ►' I JJX-Cs respective properties.The direc for of planning or their designee g Notary Public G\� okvN es sake,a N V may require the owner of the property upon which a fence exists to establish the boundary, o lines of the property by a survey RATE T t� thereof. � e (2) Construction and mainte (1) Lowest classified rate Hance commercial users for coft►Para ble space $ a. Every fence shall be_con- structed in a complete and sub-i' (2) Maximum rate allowed by law for stantial manner and of materials reasonably suited for the purpose the above matter $ for which the fence is proposed to be used. (3) Rate actually charged for the above matter $ f ii '�i b. Every fence shall be main-'r tained in a'condition of reason- able repair.No fence shall be con- structed or continue which is dangerous to the public safety, health,or welfare as determined'. by the director of planning or their designee. c. Electric fences,barbed wire fences and barbless wire fences ' shall be permitted only in the A-1 `< and;R-1a zoning districts when.` related to farming, but not as boundary fences. (3)Finished side of fence to face adjoining property. If the mate= rial used in the fence construction is not finished on both sides,the finished side of the material shall be on the outside,facing the abut- ting or adjoining properties,and all post's or structures supporting the fence shall be on the inside of the fence. (4)!a. All below ground pools that require a building permit and; shall'be enclosed with a fence that is a minimum four feet high and includes lockable gates.The fence shall be installed prior to filling the pool. Fencing shall be chain link, vertical pickets or solid.. .Spaces between the bottom of the' fence and the ground or between the pickets shall not exceed four: inches. 'b'. All above ground pools that'' require a,building permit shall;': have access controlled with a means to prevent access into the above ground pool when unoccu- pied,' Failure to prevent access into an above ground pool when unoccupied is a misdemeanor,be enclosed with a fence that com- plies with standards for below ground pools. On above ground pools that are a minimum of four feet above grade on all sides,; access can controlled:with a lock-' able or removable ladder. c.All pool related chemicals shall be stored inside a structure. (Code 1982,,§'900.20(6);Ord.No.'. 03-10, § 1, 6-16-2003; Ord. No. 04-15,§A,10-18-2004) Section 2. That this ordinance shall take,effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River, this 17th day of July,2006. Stephanie Klinzing Attest; Mayor Joan Schmidt City Clerk (Jy26)