HomeMy WebLinkAbout2015-09-28 (SB) 08-28 Memo for 09-10 Meeting 2
TP 3601 Thurston Avenue N, Suite 100 ENCLOSURE
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
( 5� -1? I
DATE: September 28, 2015
RE: Oak Park Heights — Fence Revisions
TPC FILE: 236.01 — 15.01
BACKGROUND
Through the course of this summer, the City has dealt with a number of fence permits
and Julie Hultman, the Building Official, has found that the current regulations provide
practical difficulties in the interpretation as written. City Staff has reviewed the issues
and would suggest that the Zoning Ordinance be amended.
First, the definition of fence height includes specifications that should be included in the
fence provisions, and not the definition.
Secondly, the application requirements need to be clarified relating to how the lot line is
established between properties.
Thirdly, the specific fence standards need to be clarified and updated. The problem that
has been recognized is that the standard fence picket or panel from the building supply
store or the manufactured vinyl panels are set exactly at three, six, eight or ten feet.
The fence regulations specify a height from ground level to the top of the fence at not
more than three, six, eight or ten feet. Fences are often constructed such that the
panel or pickets are two or more inches off the ground and the fence posts, sometimes
with a decorative cap will also exceed the allowable height of four inches above the
panel.
ANALYSIS
Section 401.02.B Definitions
The current definition of fence height is as follows:
3. Fence, Height: The distance from the adjacent finished grade to the highest
projection of a fence structure, not including support posts, provided that the support
posts are no more than four(4) inches above the fence structure.
Staff suggests that the definition be revised so that the height requirement for support
posts is moved to the fence provisions in 401.15.E. The new definition would read as
follows:
3. Fence, Height: The distance from the adjacent finished grade to the highest
projection of a fence structure or support post.
Section 401.15.E.2 Fencing, Screen and Landscaping
The application requirements section currently reads as follows:
2. Application Requirements. Each application for a permit under this section
shall be submitted to the Zoning Administrator on forms provided by the City. Each
such application shall include a site plan drawn to scale showing the location of
house(s), garage(s), and other improvements on the lot and the location of the fencing
to be erected, altered or relocated. A certificate of survey shall be required for all
fences (including hedges and plantings) to be constructed up to or on the property line,
unless property stakes on the affected property lines are first located and marked by a
licensed and registered Minnesota surveyor and such surveyor shall provide a letter to
the City citing that they have located such property stakes. If the survey or property
stakes cannot be provided or established, an agreement shall be reached between
property owners as to the accepted property line.
The requirement to have the property lines marked by a surveyor for all fences
constructed up to or on the property line is expensive for the homeowner. It can be a
minimum of $500.00 to have a surveyor visit the property. If the homeowner knows the
locations of the pins, the surveyor visit would be unnecessary if the adjacent property
owner agrees to the property line. The last two sentences of this section could be
revised as follows:
2. Application Requirements. Each application for a permit under this section
shall be submitted to the Zoning Administrator on forms provided by the City. Each
such application shall include a site plan drawn to scale showing the location of
house(s), garage(s), and other improvements on the lot and the location of the fencing
to be erected, altered or relocated. A certificate of survey shall be required for all
fences (including hedges and plantings) to be constructed up to or on the
property line, unless property stakes on the affected property lines are first
located and marked by a licensed and registered Minnesota surveyor or an
agreement is reached between the property owners as to the accepted property
line.
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Section 401.15.E.4 Fencing, Screen and Landscaping
The current regulations limit the height of most fences to three feet, six feet, eight feet or
ten feet in height. A standard fence picket or panel from the building supply store or the
manufactured vinyl panels are exactly three, six, eight, or ten feet. Fences are often
constructed such that the panel or pickets are two or more inches off the ground and the
fence posts, sometimes with a decorative cap will also exceed the allowable height of
an additional four inches above the panel. Changes in grade can also affect the height
of a fixed fence panel. It is suggested that the following changes be made to the fence
standards to address this issue:
4. Specific Fence Standards. The height of the fence shall be the distance
from the adjacent finished grade to the highest projection of a fence
structure or support post and shall be restricted according to the location as
follows:
a. Fences or walls located on or adjacent to any property line bordering a
public road or street shall not exceed six (6) feet, four (4) inches in
height. However, in no case shall any shrub, hedge or fence bordering
upon any street or sidewalk be constructed or allowed to grow to a height
which could obstruct safe driving visibility at intersections.
b. Fences or walls on or adjacent to the shore line of any navigable lake,
channel or stream shall not exceed three (3) feet, four (4) inches in
height. Fences or walls on or along that portion of a lot line from a
navigable lake, channel or stream to the rear side of the average building
construction line shall not exceed three (3) feet, four(4) inches in height.
c. Fences or walls on or within ten (10) feet or less from a common property
line between two adjoining lots or parcels not owned by the same person,
firm or corporation shall not exceed six (6) feet, four(4) inches in height.
The property owner shall provide written notification to adjoining property
owners concurrent with the application for a building permit for a fence
installation which is less than five (5) feet from a property line. Fences or
walls shall be permitted except as prohibited in sub paragraphs b. and d.
hereof.
d. Fences or patio walls not exceeding eight (8) feet, four (4) inches in
height may be constructed without restriction on the interior of any lot or
parcel, providing no such fence or wall shall be closer than ten (10) feet to
any common property line between adjoining lots not owned by the same
person, firm or corporation (except as permitted under sub-paragraph c.
hereof), and provided further in the case of lakeshore lots, no such fence
or wall shall be located so as to block or otherwise adversely interfere with
an adjoining property owner's lake view.
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e. Open wire fences not exceeding ten (10) feet, four(4) inches in height
enclosing tennis courts, pools, and similar uses, shall be permitted without
restriction.
f. The support posts and caps for all fences shall not be more than
eight (8) inches above the height of the fence panel or pickets.
CONCLUSION
The Planning Commission should review the draft changes that have been made to the
fence regulations. City Staff has researched the fence regulations from Maplewood,
Stillwater, Lake Elmo, Bayport, Oakdale, and Woodbury. Please find excerpts from each
of the ordinances.
In that the changes to the Zoning Ordinance are relatively minor, City Staff has
published a public hearing for the September 10, 2015 meeting to consider the revised
fence regulations.
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Maplewood, MN Code of Ordinances Page 1 of 1
Sec. 12-3. - Fences.
(a) A fence that is within four feet of a property line shall be subject to the following restrictions:
(1) Fences shall have a maximum height of six feet for residential and ten feet for nonresidential
uses.
(2) A fence in a front yard that is at least 80 percent opaque must be approved by the director of
community development if it is visible from an adjacent dwelling.The director may approve
the fence if it does not significantly impair views.
(3) A fence is subject to chapter 32, article VII,which pertains to sight obstructions at
intersections.
(4) The structural supports shall not be on the outside of a fence,facing the adjacent property.
(5) Barbed wire fencing shall only be used to fence in livestock on a farm and for top fencing
around commercial uses where the base fence is six feet or more high.
(6) Fences shall be constructed and maintained in a workmanlike manner.
(b) The city council may approve variations to this section after notifying the adjacent owners at least
ten days before a meeting.
(Code 1982,§9-3)
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about:blank 8/26/2015
CITY OF MAPLEWOOD
Planning Department FENCING
M/ P L E O Q 1902 County Road B East
` Maplewood, Minnesota 55109 GUIDELINES
Together wit Can Phone (651) 249-2300 Fax (651) 249-2319 .
II
Building permits are not A fence in the front yard or
required for fences 6 feet along a public street that is at
tall or under. least 80% opaque (solid) must
be approved by the city.
There are no regulations on
most types of fence
materials.
No fence setback ,,
is required from
any property line.
. \
1
Property Line
Supports
must be on The fence and all
the inside of supports must be
the fence, built on your own
Front Property Line property (not on
Ill your neighbor's).
Street You may adjoin your fence to your
neighbor's fence with written
Fences over 2.5 feet tall in the consent of your neighbor.
front yard on corner lots cannot ,
be located within the triangular
area bounded by the property
lines located 25 feet from a point Barbed wire is prohibited
of intersection of the property except in farm zones where
lines on 2 intersecting streets. livestock is raised.
)it ft
#314 STILLWATER CODE
returned to the permit applicant, c. Permit required. No fence shall be
without interest,upon successful corn- erected without first obtaining a fence
pletion of all of the following: permit.Application shall be made to
1. Written certification from a reg- the community development direc-
istered engineer or land sur- tor. The fee shall be established by
veyor that the grades and ele resolution of the city council. The
vations are in conformance with, community development director is
the city approved grading plan authorized to issue a fence permit if
and that permanent iron mon the application indicates that the
uments are in place at each lot fence will be incompliance with this
corner; and subdivision. The city council shall
hear and decide appeals when it is
2. Water service curb box access alleged that the community develop-
cover at finished grade and curb ment director was in error. The ap-
box valve operable. peals shall be taken as prescribed in
If the escrow items are not corn- Subdivision 29 of this section.
pleted within 60 days,excluding the d. In yards. Fences may be permitted
time between October 1 and May 1 of in all yards,subject to the following:
issuance of a certification of occu- 1. Fences in excess of six feet above
pancy, the city may enter the lot, the ground grade are prohib-
perform the work and apply the cash ited in residential districts.
escrow toward the cost, plus admin- (Ord. No. 917, § la,2-5-02)
istrative fees.In addition to the cash
escrow,an escrow administration fee 2• The side of the fence considered
in an amount established by resole- to be the face (finished side as
tion shall be paid before a permit is opposed to structural supports)
issued for all permits requiring es- shall face abutting property.
crow per ordinance section. 3. No fence shall be permitted on
(Ord. No. 791, 7-19-94;Ord.No. 802, 2-13-95) public rights-of-way.
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(16) Fence regulations. Fence regulations are
4. No fence may be erected on
either street side of a corner lot
as follows:
that will obstruct or impede the
a. Purpose, The purpose of this subsec- clear view of an intersection by
tion is to provide for the regulation approaching traffic, subject to
of fences in the city,to prevent fences the provisions of section 24(4)
being erected that would be a hazard that would control where incon-
to the public, or an unreasonable sistent with this provision.
interference with the uses and enjoy- (Ord. No. 917, § lc, 2-5-02)
ment of neighboring property and 5. In residential districts fences
are compatible with existing uses, are limited to a height of 42
other zoning restrictions and inches in the front yard and
drainageways. exterior side yard setback ar-
b. Definitions. For the purpose of this eas.
subdivision, the following defini- No. 815, 8-1-95; Ord. No. 917, § 1d, 2-5-02)
tions shall apply: 6. No fence shall be erected where
it will impede a drainageway or
Fences means any linear structure
used to prevent access by persons or drainage easement.
animals or prevent visual or sound 7. No fence shall be erected before
transference. all lots within a drainage sys-
Supp.No.23 CD31:60
Permit No.
Date:
Fee:$25.00
Receipt No.:
FENCE PERMIT APPLICATION
CITY OF STILLWATER
Community Development Department
216 North Fourth Street
Stillwater,MN 55082
Ordinance No.792, Section 31.01, Subd.25(m),Fence Regulations
Address of Property:
Legal Description of Property(Lot,Block and Addition):
Property Owner: Representative:
Mailing Address: Mailing Address:
Telephone No.: Telephone No.:
Signature Signature
Type of Fence Wood/Privacy Chain Link Other
Height of Fence(at ground grade): _ft. front yard _ft.rear yard _ft.side yard
Include a survey or accurate site plan showing fence in relation to Dtproperty lines.
"I hereby state the forgoing statements and all data, information and evidence submitted herewith in all
respects, to the best of my knowledge and belief, are true and correct. I further certify the permit if it is
granted and used."
Property Owner/Representative Signature Date
OFFICE USE ONLY
Conditions of Permit Approval:
Community Development Director/City Planner Date of Approval
A building permit is not required for the installation of fences. However, you must call
Gopher State One Call at 651-454-0002 before you dig to identify any underground utility
locations.
ZONING §31-1
tern or platted block have had Setback
the final grade established and Road or Facility (feet)
approved and all lots within
the system or platted block have McKusick Road(Neal 100
had turf established with grass to CR 15)
seed or sod. CR 12(Northland to 100
CR 15)
e. Along property lines. Fences may be CR 15(TH 36 to TH 100
permitted along property lines sub- 96)
ject to the following: Railroad 75
1. Fences in residential districts These setbacks are measured from the
may be placed on the lot line right of way line.All district side and rear
provided that the footings are yard setback requirements will continue
within the fence owner's prop- to apply in each district.
erty. (Ord. No. 681, 9-14-88; Ord. No. 768, 10-22-92;
(Ord. No. 917, § le, 2-5-02) Ord.No. 791,7-19-94;Ord.No.792,7-19-94;Ord.
2. Fences in commercial or indus- No. 802, 2-13-95; Ord. No. 815, 8-1-95; Ord, No.
trial districts may be erected 875, § 1, 4-20-99)
on the lot line to the height of (18) Multifamily residential district bonus. A
six feet;to a height of eight feet ten percent multifamily residential den-
with a security arm for barbed sity bonus may be allowed for qualifying
wire. affordable housing projects as defined by
f. Existing. No existing fence in viola- state and federal regulations.At least 80
tion of this section will be allowed to percent for the residential units shall meet
be replaced or rebuilt. Should an the affordable housing standards as estab-
existing fence be replaced or rebuilt, lished by the Department to Housing and
it must come under the regulations Urban Development for the Stillwater area.
of subsection(1)p of this subdivision. (Ord. No. 921, § 1,4-16-02)
g. Impeding drainageways and ease- Subd. 24.1. A-P agricultural preservation dis-
ments.No fence shall be erected where trict.A-P agricultural preservation districts shall
it will impede a drainageway or drain- be regulated as follows:
age easement. (1) Purpose. The purpose of the A-P district
h. Violations. Violations of subsection shall be to maintain and enhance agricul-
(1)p of this subdivision may be en- tural operations and preserve agricul-
forced by injunction, and the city tural lands utilized for crop production
shall be entitled to the remedy of and to serve as a holding zone for lands
abatement in order that a fence where phased urban expansion will occur.
erected in violation of subsection(1)p The preservation of agricultural land is
of this subdivision may be removed. intended to prevent urban sprawl,control
the public costs of providing urban ser-
(17) Special setbacks. The following special vices and reduce urban/rural conflicts
setbacks are required for structures along which arise as a result of premature de-
the following collector and major roads: velopment of rural areas.The A-P district
Setback is further intended to preserve open space
and natural resource areas.
Road or Facility (feet)
TH 96 (Stonebridge 100 (2) Permitted uses. No building, structure,
land or premises in the A-P district may
Trail to CR 15) be used and no building or structure may
Supp.No. 12 CD31:61
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO, 08-086
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW FENCING REGULATIONS iN THE LAKE ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV':
Land Usage; Chapter 154; Zoning Code, by repealing City Code Sections 154.120
through 154.128 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
ty ty Y
Land Usage; Chapter 154: Zoning Code, by adding the following language:
Article 5- General Regulations
5154.205 Fencing Regulations
1154.205 Fencing Regulations
A. Purpose. The purpose of this Ordinance is to provide for the regulation of fences in the
city of Lake Elmo and to prevent fences from being erected that would be a hazard to
the public, an unreasonable interference with the uses and enjoyment of neighboring
property or are incompatible with existing uses and other zoning restrictions.
B. Definitions. The following words, terms and phrases, when used in this Section, shall
have the meaning ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Permanent Fence. Fences that are installed in a fixed or enduring manner that are not
intended for a seasonal or temporary purpose.
Temporary Fence. Fences that are installed and removed on a seasonal basis, such as
snow fences, garden fences and seasonal recreational fences, such as hockey boards.
c. Permit Required
1. Permanent Fence. No permanent fence shall be erected without first obtaining a
fence permit. Application shall be made to the Planning Director. The fee shall be
established by the City's Fee Schedule. The Planning Director is authorized to issue
a fence permit if the application indicates that the fence will be in compliance
with this Ordinance. The Board of Adjustment and Appeals shall hear and decide
appeals when it is alleged that the Planning Director was in error. The appeals
shall follow the procedure outlined in §31.01.
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2. Temporary Fence. Temporary fencing that complies with subsection (F) and all
other applicable provisions of this Ordinance shalt be exempt from permit
requirements.
D. General Requirements. AU fences erected in the city of Lake Elmo are subject to the
following requirements:
1. Maintenance. AU fences shalt be properly maintained with respect to appearance
and safety. Fences that remain in a state of disrepair for an extended period of
time shall constitute a nuisance per§96.03.
2. Face of Fence. The finished side of any fence or watt must face abutting property
or street rights of way.
3. Fence Materials. Permitted fence materials shalt be limited to brick, stone, wood,
wrought iron, vinyl, composite material, steel, aluminum, chain link and, in cases
of temporary fencing only, materials that are consistent with temporary fencing as
regulated under subsection (F)
4. Traffic Obstruction. No fence or wall shall obstruct a motorist's or a pedestrian's
safe view from the driveway or street.
5. Location.
a. Fences may be installed on any portion of a lot subject to the height
restrictions of§154.205.E and may be installed along property lines provided
the adjacent property agrees, in writing, that such fence may be erected on
the boundary line of the respective properties. Any portion of the fence and
all footing material shalt not encroach on the neighboring property.
b. All pertinent property pins shall be visible upon inspection for fences installed
within one foot of a property boundary.
c. In the case of a dispute, the City may require a survey to establish the
boundary line of a property.
6. Easement Encroachment. An easement encroachment agreement must be
approved by the City Council, along with a fence permit, for any fence that will be
installed within a City easement.
7. Swimming Pools. All swimming pools shall be enclosed with required fencing per
§151.085.
E. Fence Height and Design
1. Fences within Front and Side (Corner) Yards. Any fence within a front or side
(corner) yard setback may not exceed forty-two (42) inches in height and must be
50%open to air and light.
2. Residential and Mixed-Use Districts. No fence shall exceed six feet (6') in height,
and shall be subject to the design requirements of§154.205.E.3.
3. Residential Fence Design Requirements. Solid wall fences over four (4) feet in
height shall be prohibited on any lot under Yr acre (21,780 square feet)in size.
Any portion of a fence over four (4) feet on such lots shall be at least 75% open to
light and air, except under one of the following circumstances:
2
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a. When a residential property abuts a district or use of a higher classification,
and specifically, when an A, RR, RS, RE, or LDR district abuts any other district
or a single family residential use abuts a multi-family residential use or a non-
residential use.
b, When a property is a through lot and abuts a street that is a higher functional
classification than the street abutting the front yard of the property.
c. For screening of outdoor living space subject to the following criteria:
i. The area enclosed by outdoor extended living area fencing shall not exceed
an enclosed area of 500 square feet.
ii. A fence utilized to enclose an outdoor extended living area shall be
extended to a point not more than 6 inches from the principal structure at
1 fence termination point.
iii. A fence utilized to enclose an outdoor extended living area shalt not extend
into side yard of a lot beyond the existing building line of the existing
principal structure, nor shall such fences be located in any side or front
street yard.
d. For screening or privacy purposes when the lineal measurement of the fence
does not exceed one-fourth (''A)of the linear distance of the perimeter of a lot.
Such fences may only be installed with the written consent of the adjacent
property owner.
e. Under other circumstances when a solid fence is warranted due to safety,
health, animal containment, or similar purposes, subject to review and
approval by the City Council and with the written consent of the adjacent
property owner.
4. Commercial and Industrial Districts. No fence or wall shall exceed eight feet (8')
in height, Fences that exceed eight feet (8') in height require a conditional use
permit.
F. Temporary Fences
1. Height and Performance. Temporary fences shall comply with the fence height
standards of subsection (E). Temporary fences shall be at least 40% open to air
and light. If unable to be at least 40%open to air and light, temporary fences shall
not exceed forty-two inches (42") in height.
2. Duration and Limitation
a. No snow fence or posts shall be installed prior to October 1, and must be
removed prior to April 15.
b. Seasonal recreational fencing intended for winter sports, such as hockey or
broomball shall not be installed prior to October 1, and must be removed prior
to April 15.
3. Location. Snow fences shalt be set back at least 50 feet from any south or east
property line, or such additional distance as may be required to prevent the
accumulation of snow on public streets or adjoining property, as determined by
the Public Works Director.
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G. Prohibited Fencing. Barbed wire and electric fencing are prohibited in platted areas.
H. Agricultural Exemption. Fences constructed on parcels in excess of 5 acres for the
keeping of horses; and fences constructed on parcels in excess of 10 acres are
specifically exempted from the provisions of this Section. Any such agricultural fencing
shall be at least 75%open to air and light.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Da e. This Ordinance 08-086B was adopted on this 16th day of
July 2013, by a vote of
Li Ayes and_0 Nays.
LAKE ELMO COUNCI
////r ,
Mike Pearson, Mayor
ATTEST:
1101111.1:4...elfoor..001.1'
dam Belt, City Clerk
This Ordinance 08-086B was published on the day of ,
2013.
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l� Y , L`() l `l —
Appendix B-Zoning, Section 705 Fences
705.01.Fences may be permitted in all yards subject to the following:
(1) Solid walls in excess of four feet above adjacent ground grades shall be prohibited.
(2) That side of the fence considered to be the face(finished side as opposed to structural supports)shall
face abutting property.
(3) Fences over six feet in height from the finished grade shall require a building permit in addition to any
other required permits.
(4) No fences shall be permitted on public rights-of-way.
705.02. Fences may not be permitted within two feet of the property lines subject to the following:
(1) Fences may be placed along property lines provided no physical damage of any kind results to the
abutting property and permission is granted in writing from the abutting property owner and submitted
with application.
(2) In residential districts,fences on or within two feet of property lines shall require a certificate of
corn pliance.
(3) Fences in commercial and industrial districts may be erected on the lot line to a height of six feet;to a
height of eight feet with a security arm for barbed wire,
(4) Fences in residential districts may be located on any side or rear lot line to a height of four feet above
finished grade.
(5) Fences along side and rear interior lot lines beginning at the rear building line of the principal structure
shall be a maximum of six feet in height except as noted in number(6),
(6) Should the rear lot line of a lot be common with the side lot line of an abutting lot,that portion of the
rear lot line equal to the required front yard of the abutting lot shall not be fenced to a height of more
than four feet, -
(7) Where the property line is not clearly defined,a certificate of survey may be required by the zoning
administrator to establish the property line.
705.03. Fences may be permitted within required yards subject to the following:
(1) Fences located within the side and rear yard nonbuildable setback areas beginning at the rear building
line shall not exceed six feet in height from finished grade.
(2) In residential districts,fences along or within the front nonbuildable setback area and less than 20 feet
from the front property line in excess of 36 inches in height shall require a certificate of compliance.
(3) Fences located within the buildable area of a lot or eight feet or more from the rear lot line may be up
to eight feet in height.
(4) Fences in commercial and industrial districts located within nonbuildable setback areas shall not
exceed six feet in height from finished grade to a height of eight feet with a security arm for barbed
wire.
For properties located on the St.Croix River on which proposed fence is to be within the 100 foot
setback from the ordinary high water(OHW)elevation of 675',the following restrictions apply,in
addition to the city's general fence regulations:
- Fence must consist of metal or other approved flood resistant material with adequate space to allow
water and small flood debris to flow freely through fence(no solid fences allowed)
- Fence must be setback a minimum of 20 feet from the OHW
- Fence can be up to a maximum of 4 feet in height, because property is considered a"through, or
double frontage"lot(see definition)Lot, through or double frontage: A lake or stream frontage lot
having a public road as one lot line and a water body at the opposite line
- Fence color must be of an earth or summer vegetation tone
- Land survey or certificate of elevation with OHW elevation and proposed fence location shall
accompany the city's fence permit application form
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City of Oak dale Fence Code
Sec.25-159 Fences.
(a) Permit Required:No person, firm, or corporation, except on a farm and related to farming
activities,shall hereafter construct or erect or cause to be constructed or erected within the City
of Oakdale any fence which is intended to be a permanent structure on the premises, without first
securing a building permit.
(b)Construction and Maintenance: Every fence shall be constructed in a substantial,
workmanlike manner and of substantial material reasonably suited for the purpose for which the
fence is proposed to be used. Fences shall be constructed so that their more attractive side faces
neighboring property,and the most exposed area of the fence post faces the permitted resident.
Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to
become and remain in a condition of disrepair or danger,or constitute a nuisance,public or
private. Any such fence which is, or has become dangerous to the public safety,health or
welfare, is a public nuisance and the Oakdale Building Official shall commence proper
proceedings for the abatement thereof. Link fences,wherever permitted,shall be constructed in
such a manner that no barbed ends shall be at the top except in Industrial Districts. Electric
fences shall only be permitted on farm property when related to farming and on farms in other
districts when related to farming,but not as boundary fences. Barbed wire fences shall only be
permitted on farms or high-security needs.
(c) Residential District Fences: In all parts of Oakdale, zoned residential and not a farm,no
boundary line fence shall be erected or maintained more than eight(8) feet in height except that:
(1)No fence shall be erected in any required front yard to a height in excess of four(4) feet.
(2)On corner lots in all districts, no fence or planting in excess of thirty(30)inches above the
street center line grade shall be permitted within a triangular area defined as follows: Beginning
at the intersection of the projected curbing lines of two intersecting streets,thence twenty(20)
feet along one property line, thence diagonally to a point twenty(20) feet from the point of
beginning on the other property line,thence to the point of beginning.
(3) In those instances where a fence exists as an enclosure which restricts access from the front
to the rear yard, a gate,identifiable collapsible section,or other such means of recognizable
ingress shall be unobstructed and a minimum of three(3)feet in width.The location of such
ingress points shall be positioned at any point paralleling the front lot line,between the side lot
property line and the principle structure.
(4)Fences on the corner lots must receive special consideration from the Oakdale Building
Official to assure site safety before a Building Permit is issued. This review may require the
applicant to pay an additional fee if extraordinary means need to be taken to ascertain impacts
(i.e. consultation by a Traffic Engineer).
(5)Fences greater than six(6)feet in height shall submit a Certificate of Survey with the permit
application, and all pertinent property pins shall be visible upon inspection.Fences shall be
constructed within the provisions of the Minnesota State Building Code(MSBC).
(d)Commercial and Industrial and District Fences:
Fences in all Commercial and Industrial Districts shall not exceed ten(10) feet in height except
that:
(1)Boundary Line Fences abutting "R" Districts shall conform to those conditions applying to
the"R"District except for height.
(2)Special Purpose Fences. Fences for special purposes and fences differing in construction,
height or length may be permitted in any district in the City of Oakdale by issuance of a Special
Use permit approved by the Planning Commission and City Council. Findings shall be made that
the fence is necessary to protect,buffer or improve the premises for which the fence is intended.
Fence Ordinance Summary Page 1 of 1
Fence Ordinance Summary
1. A fence up to 6 feet in height may be erected on the rear lot line, the side lot lines and
return to the nearest front corner of the principal building.
2, A fence not exceeding 4 feet in height may be erected on the side lot lines forward of the front
corner of the principal building.
3. Fences in excess of 30 inches in height extending across front yards are not permitted in
residential platted areas.
4. No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict
snow plowing of streets.
5. Fences may be placed up to property lines. It is the owner's responsibility to verify the location of
the property lines.
6. The side of the fence considered to be the face (the finished side) shall face adjoining property.
7. Barbed wire fences are not permitted in platted areas.
8. All fences shall be properly maintained with respect to appearance and safety.
9. Swimming pools must be protected by a fence at least 4 feet high, with a self-closing, self-latching
lockable gate, built so that a 4-inch sphere cannot pass through,
10. It is suggested to have a surveyor locate property lines before installing fences. The city does not
have surveyors on staff to perform this service.
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Woodbury, MN Code of Ordinances Page 1 of 2
ARTICLE IV. - FENCES
Sec. 6-136. - Generally.
Fences are permitted in all yards, subject, however,to the provisions of this article.
(Code 1985, §310.02)
State Law reference—State fence law, Minn. Stat. §334.03; local fence viewers; legal and sufficient
fences, Minn. Stat. §344.02.
Sec. 6-137. -Appeals.
Appeals from the provisions of this article may be made pursuant to the variance procedures in
chapter 24,article II, division 5.
(Code 1985, §310.03)
Sec. 6-138.- Maintenance.
All fences shall be properly maintained with respect to appearance and safety.
(Code 1985, §310.02(0))
Sec. 6-139. - Private swimming pools.
All fencing around private swimming pools shall comply with chapter 22, article II.
(Code 1985, §310.02(N))
Sec. 6-140. - Height.
(a) A fence up to six feet in height may be erected on the rear lot line,the side lot lines and it may
return to the front corner of the principal building and shall not be closer to the street than the
front corner of the principal building.
(b) Fences in business and industrial districts may be erected on the lot line to a height of six feet.
Fences in these districts may be erected to a height of eight feet with a security arm for barbed
wire subject to a special use permit.
(c) Fences exceeding height limits in business and industrial zoning districts may be erected provided
they do not encroach upon front or side yard requirements or within ten feet of a rear lot line. No
fence shall exceed the height of the principal structure.
(d) Fences in excess of 30 inches in height extending across front yards are not permitted in
residential platted areas.
(e) Fences may be up to eight feet in height when located in rear yard with setbacks from property
lines as follows:
(1) Sides,ten feet.
(2) Rear, 35 feet.
(f) A fence not exceeding four feet high may be erected on the side lot lines forward of the front
corner of the principal building.
(Code 1985, §310.02(A)—(C),(E)—(H), (M))
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Woodbury, MN Code of Ordinances Page 2 of 2
Sec. 6-141.- Reserved.
Editor's note—Ord. No. 1557, § 1557.07,adopted Sept.26, 1990, repealed former§ 6-141 of the Code,
which pertained to required open space for passage of air and derived from the 1985 Code, § 310.02(l).
Sec. 6-142.-Traffic obstruction.
No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict
snow plowing of streets.
(Code 1985, § 310.02(D))
Sec. 6-143.-Placement along property lines.
Fences may be placed along property lines provided no damage of any kind results to abutting
property. Fences placed on property lines are subject to section 6-146, easements.
(Code 1985,§310.02(J); Ord. No. 1774, § 1774.01, 6-28-2006)
Sec. 6-144. -Placement of face of fence.
The side of the fence considered to be the face(facing as applied to fence posts)shall face abutting
property.
(Code 1985, §310.02(K))
Sec. 6-145.-Prohibited fencing.
Barbed wire and electric fencing are prohibited in platted areas.
(Code 1985, §310.02(L); Ord. No. 1796, § 1796.01, 11-29-2007)
Sec. 6-146.- Easements.
Any fence placed within an easement that impedes the access or intended use of that easement
may be removed by the city or the city's representative at the owner's expense.
(Ord. No. 1774, § 1774.02, 6-28-2006)
Sec. 6-147. - Fence materials.
In commercial, office, business park and city center zoning districts,fence materials shall be high-
quality vinyl-coated chain link(minimum 9 gauge thickness with a required top rail support), brick,
stone, wrought iron, decorative metal or other such material as approved by the city.
(Ord. No. 1778, § 1778.01, 9-27-2006)
Secs. 6-148-6-199. Reserved.
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