2002-02-05 P & Z Agenda - Laserfiche WebLink

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property. The fence must be set back a distance from the owner's property line sufficient to avoid encroachment onto adjoining private or public property or a public right-of-way. Subd. 2. Abutting Public Property. If a fence is or is to be adjacent to a street, alley, public right-of-way or other public property, the City may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes on the property line. If the survey information is not available and the applicant elects not to establish the property line by survey, the permit will not be issued unless the applicant signs an affidavit stating that the applicant is the owner of the premises upon which the fence exists or is to be located. Subd. 3. Fence Size. No fence shall be over 6 feet in height, and no fence in a front yard shall be over 4 feet in height. Height shall be measured from the natural grade, except that the height of a railing, wall, fence or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. On an interior side yard where it abuts a back yard on a comer lot, a 6 foot fence is permitted. Subd. 4. Traffic View. No fence along a public street may be constructed or altered so as to visually obstruct the view from a vehicle on that street of approaching traffic on that street or another street. 1320.04 Construction and Maintenance. Every fence must be constructed in a substantial manner and of substantial material, reasonably suitable for the purpose for which the fence is intended. The finished side or fencing material of a fence must face toward adjacent property or a street or alley and the posts and framework for the fence must be on the inwardly facing side. Every fence must be maintained in a condition of reasonable repair and may not by reason of age, decay, accident, or otherwise, be allowed to become or remain in a state of disrepair so as to be or tend to be a nuisance to the injury of the public or any abutting property. Any fence which is dangerous by reason of its construction or state of disrepair or is otherwise injurious to public safety, health or welfare is hereby declared to be a nuisance. 1320.05 Prohibitions. It is unlawful for any person to construct and maintain or allow to be constructed or maintained upon any property located within the City limits any barbed wire fence, spiked fence or any fence which is charged or connected with electrical current in a manner as to transmit current to a person or animal which might come in contact with the fence. 13-8