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Ordinance No. 1320 05-11-2015 CITY OF FRIDLEY, MINNESOTA ORDINANCE NO. 1320 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY REPEALING CHAPTER 213 ENTITLED “FENCES” IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 213 ENTITLED “FENCES” THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES HEREBY ORDAIN SECTION 1: That Chapter 213 Entitled “Fences” is hereby repealed in its entirety. SECTION 2: That Chapter 213 Entitled “Fences” is hereby adopted as follows: FRIDLEY CITY CODE CHAPTER 213. FENCES 213.01. DEFINITIONS 1.Fence – As used herein the term "fence" means and includes a structure, partition or wall erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions. The term "fence" includes an enclosure made of a permanent material, such as wood or iron. 2.Vision Safety Zone – The triangular area of a corner lot beginning at the intersection of the street surface edge or curb lines, measuring forty (40) feet along each curb line and a straight line between the two (2) points. 213.02 LOCATION Fences shall be located entirely on the private property of the owner constructing the fence. It is the responsibility of the property owner installing the fence to determine the location of the property line. Fences on corner lots shall not encroach into the Vision Safety Zone. Fences placed within a drainage or utility easement shall not impede the flow of runoff or interfere with planned or installed utilities. The City or any utility company having authority to use such easement shall not be liable for any damages, or to repair or replace such a fence, in the event it is moved, damaged, or destroyed in the maintenance of the easement or the installation, maintenance, or repair of utilities thereto. Ordinance No. 1320 Page 2 213.03 FENCE HEIGHT No fence shall exceed a height of thirty (30) inches within ten (10) feet of a driveway for a distance of ten (10) feet in each direction from the intersection of the property line. 1.Residential districts – Fences located in front of the principal structure shall not exceed four (4) feet in height. Fences located in the side and rear yard lot line shall not exceed seven (7) feet in height. 2.Commercial districts – Fences located in front of the principal structure shall not exceed four (4) feet in height. Fences located in the side and rear yard lot line shall not exceed eight (8) feet in height. In addition to an eight (8) foot fence, up to three (3) strands of barbed wire, which are not to exceed eighteen (18) inches in height, may be affixed to the top of the eight (8) foot fence and mounted on standard barbed wire arms designed specifically for that purpose. These barbed wire arms may be used in the C-2 and C-3 districts, under the following conditions: a.Barbed wire may be used on all sides of public utility and defense contractor facilities for protection. b.Barbed wire may be used in the side and rear yard of those properties that have approved special use permits for outdoor storage areas or outdoor sales lots. c.With City approval, during times of national emergency, properties may be authorized additional usage of barbed wire to include temporary barriers made of barbed wire and barbed wire used to top temporary security fences. 3.Industrial districts – Fences located in front of the principal structure shall not exceed four (4) feet in height. Fences in the side and rear yard shall not exceed eight (8) feet in height. In addition to an eight (8) foot fence, up to three (3) strands of barbed wire, which are not to exceed eighteen (18) inches in height, may be affixed to the top of the eight (8) foot fence and mounted on standard barbed wire arms designed specifically for that purpose. These barbed wire arms may be used in the M-1, M-2, M-3, M-4, and S-3 districts, under the following conditions: a.Barbed wire may be used on all sides of public utility and defense contractor facilities for protection. b.Barbed wire may be used in the side and rear yard of those properties that have approved special use permits for outdoor storage areas or outdoor sales lots. c.With City approval, during times of national emergency, properties may be authorized additional usage of barbed wire to include temporary barriers made of barbed wire and barbed wire used to top temporary security fences. Ordinance No. 1320 Page 3 213.04 CONSTRUCTION AND MAINTENANCE Every fence shall be constructed in a substantial and workmanship-like manner and of a substantial material. 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 fence which is dangerous by reason of its state of disrepair or construction or is otherwise injurious to public safety, health or welfare is a nuisance. Any such fence that has become a nuisance shall be repaired or removed. Any violation of this section shall be subject to the abatement process as set forth in Chapter 128. 213.05 PERMITTING Building permits are required for fences over 7 ft. in height. 213.06 PROHIBITION The following fences are prohibited within the City. 1.Any fence of metal construction or otherwise, which is charged or connected with an electrical current in such a manner as to transmit said current to persons, animals or objects which might come in contact with same. 2.Any fence constructed within or upon any public right-of-way. 3.Any fence constructed within, upon or through a drainage areas, ponds, or wetlands. 4.Any fence that encloses, hinders, or restricts access to above ground utility boxes, fire hydrants or other above ground utility structures or components. 5.Any fence located within a Vision Safety Zone. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 11DAY OF MAY 2015. ________________________ Scott J. Lund, Mayor ATTEST: _____________________________ Debra A. Skogen, City Clerk Public Hearing: April 13, 2015 First Reading: April 27, 2015 Second Reading: May 11, 2015 Published: May 22, 2015