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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