City Council Ordinance 305ORDINANCE AMENDMENT NO. 305
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 3-2 OF THE MONTICELLO ZONING
ORDINANCE BY ESTABLISHING FENCING REGULATIONS.
THE CITY OF MONTICELLO DOES ORDAIN:
Title 10, Chapter 3, Section 3-2, Item [F], of the City Code is hereby amended to read
as follows:
[F] FENCING:
1. A building permit is required for the construction of a fence or wall that will
be more than six (6) feet in height above grade, or for construction of a
retaining wall that is more than four (4) feet in height from the bottom of
the footing to the top of the wall.
Fence and wall heights are to be measured from the adjoining average
grade. In the case of grade separation such as the division of properties
by a retaining wall, the height shall be determined on the basis of
measurement from the average point between the highest and lowest
grade.
2. No fence or wall shall exceed 8 feet 6 inches in height except as
approved for commercial and industrial properties, and tennis courts
which may have chain link fences not exceeding 10 feet in height.
3. Fences and walls may be constructed anywhere on private property
except as provided below:
a. Fences and walls exceeding 36 inches in height must be set back
15 feet of any property line fronting on a public street.
b. On corner lots or on double frontage lots, fences and walls must
not encroach on the 25 -foot clear view triangle area at a public
street intersection or within the corner visibility area of any corner
formed by property lines intersecting with a railway right-of-way.
(The clear view visibility triangle area referred to above shall be in
the form of a triangle, with two sides formed by the property lines
forming the corner, or straight line extensions of the property lines
Ordinance Amendment No. 305
Page 2
forming the corner, and the third side formed by a straight line
connecting the two twenty-five (25) foot points on both sides of the
corner as measured from the intersection of the property lines
forming the corner.)
4. Fences and walls must not be constructed on the public right-of-way
except for retaining walls as approved by the City Engineer. Fences and
walls placed upon utility easements are subject to removal if required for
the maintenance or improvement of the utility.
5. A Certificate of Survey may be required by the Zoning Administrator to
determine the location of fences and walls on a property.
6. If the material used in the fence or wall construction is not finished on
both sides, the finished side of the material must be on the outside, facing
the abutting or adjoining properties. All posts or structures supporting the
fence or wall must be on the inside of the fence or wall.
All fences and walls must be constructed of durable, weather resistant
materials and properly anchored. Every fence or wall must 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.
Fences or walls in a state of disrepair may be removed by the City as
provided by Minnesota Statutes. The cost of removing fences may be
levied against the property as a special assessment.
7. Where any fence or wall connects to a building used as a dwelling, at
least one gate not less than 2 feet 6 inches in width shall be required to
allow access around the building.
8. All chain link fences must have a top rail, barbed ends must be placed at
the bottom of the fence.
9. Electrified wires, barber wire, razor ribbon, and the like are prohibited on
fences.
10. All swimming pools, hot tubs, spas, and other water tanks exceeding 24
inches in depth must be completely fenced in.
Ordinance Amendment No. 305
Page 3
a. Residential Swimming Pool Fences shall be constructed as follows:
i. Residential swimming pool fences must be at least 48
inches in height. The fence must not permit the passage of
a 4 -inch sphere through openings in the fence. Fences
must be constructed of durable, corrosion and decay
resistive materials. Openings below the fence to grade must
not exceed 4inches.
ii. Where an above -ground pool structure has walls that are at
least 4 feet in height, the pool wall may serve to meet the
fencing requirements; however, the access to the pool must
provide equivalent protection to prevent unauthorized entry.
iii. Fences for swimming pools must include a self-closing, self -
latching device on all gates. Latches must be installed at
least 3 feet 6 inches above grade. Gates must not exceed 4
feet in width and must meet the same construction
requirements as fences. You must provide temporary
fencing during installation if your yard is not fenced.
Building permits are required for fences exceeding 6 feet 6
inches in height.
b. Commercial Swimming Pool Fences shall be not less than 5 feet in
height and constructed as required by the Minnesota Department
of Health.
Adopted by the Council this 12th day of January, 1998.
Mayor
f
City Administrator;'
Published in the Monticello Times on 1/15/98.
ORDINANCE AMENDMENT NO. 305
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 3-2 OF THE MONTICELLO ZONING
ORDINANCE BY ESTABLISHING FENCING REGULATIONS.
THE CITY OF MONTICELLO DOES ORDAIN:
Title 10, Chapter 3, Section 3-2, Item [F], of the City Code is hereby amended to read
as follows:
[F] r rNrn L FENCIN
A building permit is required for the construction of a No
fence or wall that will be more than shafl excee six (6) feet
in height aboverg ade, or for the construction of a retaining
wall that is more than four (4) feet in heiaht from the bottom
f the footing to the top of the wall.
Md
Fence and wall heights are to be measured from the
a&inin,a average grade. In the case of grade separation
such as the division of properties by a retaining wall, the
height shall be determined on the basis of measurement
from the average point between the highest and lowest
grade.
2, No fence or wall shall exceed eight feet six inches (2�&) i
height excePt as a.p.proved for commercial and industria
"r perties, and tennis coutis which ma -V have chain link
fences not exceeding ten (10) feet in he&ft , stf-uctufe;
i of -o--=i it i ii= -r -interSeCting _-
Withith r rrr r • • -rr t r -
r • r i -i
to aboveshafl be - f6ttnof rL#1P-1;C-;1Mgi@ With rr
sides formed by = pfop@Ftyfin@sm@ntioned and - •
sid_fdor@d by stfaight fin_ - I - - _ - - : - = two r = - r
five • f points ot7both • _ - I - - " I _
Ordinance Amendment No. 305
Page 2
majo
We
or
encroach
dMik
double fronta
on the
e
25 foot
lots fences and
clear view
triangle
area
at a
owl
street intersection
81 PREEN WIN CA U WO SII wl wd MEN WIRRI
INAAfff
VI
majo
We
or
encroach
dMik
double fronta
on the
e
25 foot
lots fences and
clear view
triangle
area
at a
public
street intersection
81 PREEN WIN CA U WO SII wl wd MEN WIRRI
INAAfff
VI
area
of any
corner
formed by
3. Fences and walls may be constructed anywhere on rivate
Pro.pert.y except as provided below:
Fences and walls exceeding 36 inches in height must
be setback 15 feet of any, aro.perty line fronting on a
Public street.
r
b. On corner
walls
lots
must not
or
encroach
on
double fronta
on the
e
25 foot
lots fences and
clear view
triangle
area
at a
public
street intersection
or within
the corner
visibility
area
of any
corner
formed by
Pro.gerty
lines
intersecting
with
a railwav right-of-way
(The
clear view
visibilitytriangle
riangle
area
referred to
above
shall
be in
the
form of a
triangle,
with two sides
formed
by they
lines forming
the corner, or
straight
line
extensions
of the .pro.peay
lines forming
the corner,
and
the
third
side formed
b -y a straight line
Ordinance Amendment No. 305
Page 3
both sides of the comer as measured from the
intersection of theProPerty lines formina the comer.)
ding i i - i s " i
r-ements shafl be planted and maintained ifil
:L
4. Fences and walls must not be constructed on the
public right of way except for retaining walls as
improved by the City Engineer. Fences and walls t),r
es placed upon utility easements are subject to
removal if required for the maintenance or
improvement of the utility.
containing overhead Mrts shafl not exceed ten (I
feet in heioht.
5. A Certificate of Survey may be required by the Zoning Administrator to
determine the location of fences and walls on a property.
6. If the
material used
in the
fence
or wall construction
is not
finished on both
sides,
abutting
the finished side of the material
or adjoining�perties.
must be on
All posts or structures
the outside,
supporting
facing the
the
fence
or wall must
be on
the inside
of the fence
or wall.
All fences and
walls
must be constructed
of durable,
weather resistant
materials and
pwperl
y anchored.
Every
fence
or wall must 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.
Fences or walls
in a
Minnesota
state of disrepair
Statutes.
may
The
be removed
cost of
by the he Cit„v
removing fences
as provided
may be
by
levied a ag inst
the
7. Where
proyaT s a
any fence
special
or wall
assessment
connects
to a building used
as
a dwelling. at
_least
one Gate not
less than
2 feet
6 inches in width
shall
be required to
allow access around
the bui/dina
All chain link fences must have a top ral�l, barbed ends must be placed at
-•• • of the -
Electrified wires, barber wire, razor ribbon and the like are prohibited on
fences.
Ordinance Amendment No. 305
Page 4
10, All swimming pools, hot tubs, pas and other water tanks exceeding 24
Inches in depth must be com 1p pas
fenced in.
Residential
Swimming Pool Fences
shall be
constructed as follows
i. Residential
swimming pool
fences
must
be at least 48 inches
in height.
The fence must
not
permit
the passaae of a 4 inch
sphere
through openings
in
the fence
Fences must be
constructed
of durable,
corrosion
and
decay resistive
materials.
Openings below
the
fence
to grade must not
exceed
4 inches.
ii. Where an above round pool structure has walls that are at
least 4 feet in height, the pool wall may serve to meet the
fencina reauirements: however, the access to the pool must
provide equivalent protection to prevent unauthorized entry,
N. Fences for swimming pools must include a self-closing. self-
latchina device on all gates. Latches must be installed at
least 3 feet 6 inches above grade. Gates must not exceed 4
feet in width and must meet the same construction
requirements as fences. You must provide temporary
tencina during installation if your yard is not fenced. Building
permits are reauired for fences exceeding 6 feet 6 inches in
height.
tom. Commercial Swimming Pool Fences shall be not less than 5 feet in
height and constructed as reauired by the Minnesota Department
of Health.
This Ordinance shall become effective immediately upon its passage and publication
according to law.
Adopted by the Monticello City Council this 12th day of January, 1998.
F'
F�
City Administra r
Mayor