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Home My WebLink About1179 Ord (Repealing and Replacing City Code Section 31-508, Fence Regulations )City of Stillwater Washington County, Minnesota ORDINANCE NO. 1179 AN ORDINANCE AMENDING STILLWATER CITY CODE BY REPEALING AND REPLACING CITY CODE SECTION 31-508, FENCE REGULATIONS The City Council of Stillwater does ordain: SECTION 1 REPEAL AND REPLACE. Stillwater City Code Section 31-508, Fence regulations, is hereby repealed and replaced as follows: Subd. 1. Purpose. The purpose of this Section 31-508 is to provide for the regulation of fences in the city, to prevent fences being erected that would be a hazard to the public, or an unreasonable interference with the uses and enjoyment of neighboring property and are compatible with existing uses, other zoning restrictions and drainageways. Subd. 2. Permit required. Unless exempted pursuant to Subd. 3, no fence shall be erected without first obtaining a fence permit. Application shall be made to the community development director. The fee shall be established by resolution of the city council. The community development director is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this Section 31-508. The city council shall hear and decide appeals when it is alleged that the community development director was in error. The appeals shall be taken as prescribed in Section 31-217 of this chapter. Subd. 3. Permit Exemptions. The following activities and uses shall be exempt from obtaining a fence permit. (a) Public park and .school recreational fences including backstops. (b) Snow fences between November 1 and April 15. (c) Fences used to secure fictive construction sites. (d) Fences used for erosion control. (e) Fences to enclose chicken coops/runs when a chicken keeping permit has been issued. (f) Fence repair. Subd. 4. Standards. Fences may be permitted in all yards. subject to the following: (a) Design. i. Fences in a design review overlay district nwst comply with adopted guidelines. ii. The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property. (b) Location, i. Fences may be placed on the lot line provided that the footings are within the fence owner's property. ii. No fence shall be permitted on public rights -of -way without an encroachment agreement approved by the City Council. iii. No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic, subject to the provisions of Section 31-505, Subd. 1 that would control where inconsistent with this provision. iv. No fence shall be erected where it will impede a drainageway or drainage easement. v. No fence shall be erected before all lots within a drainage system or platted block have had the final grade established and approved and all lots within the system or platted block have had turf established with grass seed or sod. (c) Height. Height shall be measured from ground grade to the top of the picket. The height offences in all districts shall be subject to the following: Residential a) Fences in excess of 72 inches above the ground grade are prohibited in residential districts. b) Fences are limited to a height of 48 inches in the front yard and exterior side yard setback areas. ii. Non-residential a) Fences in non-residential districts may be erected on the lot line to the height of 72 inches. Non-residential heights may exceed the maximum allowable height only if 1. It is accommodating a security arm for barbed wire, the maximum allowed height shall be 96 inches; 2. It is used for screening required as part of an approved Conditional Use Permit. iii. Residential and non-residential. a) Where public safety is a concern, a minimum of 36" tall fence or equivalent safety barrier shall be required on top of any retaining wall that is four feet in height of higher. This fence shall be measured from the ground grade of the public space. b) Tennis courts. basketball courts and other substantially similar recreational situations in residential zones may have a single fence no higher than 10 feet. 1. Recreational fences must be set back a minimum of 10 feet from any property line. 2. With the exception of public park and school property, recreational fences cannot be located in the front or extgrlor side yard. 2 Subd. 5. Maintenance. Fences must be maintained to the following standards: (a) All fences, walls and screening must be maintained and kept in good repair by the property owners. The property owner is responsible to repair or remove fences, walls or screening if it becomes unsightly or a hazard to the public. (b) Missing boards pickets or posts shall be replaced within 30 days with material of the same type and quality. (c) Fences and walls shall be installed and maintained in an upright condition. The ability to stand and remain upright must be supported entirely from the posts or support beams. (d) Fences designed for painting or similar surface finishes shall be painted. stained or varnished to manufgcjurer's specifications. Metal fence.2 must be preserved against rust. Subd. 6. Violations. Violations may result in an administrative citation pursuant to City Code Section 22-10. abatement of the violation pursuant to City Code Section 3$-7. acid/ar a criminal citation pursuant to City Code Section 21-9. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The fence ordinance has been revised to ensure they meet current community needs and to come into compliance with city and state regulations SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Approved this 1st day of February, 2022. CITY OF�1 LW R • Ted Kozlowski, Mayor 3 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 02/04/2022 and the last insertion being on 02/04/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Ct,t. — d LLS6 Designated Agent Subscribed and sworn to or affirmed before me on 02/04/2022 by Karen Nelson. Notary Public wVrwuHvrvs,-v...4,",, ..yvV:.vY.f VVVVIyn"gry. DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1179 AN ORDINANCE AMENDING STILLWATER CITY CODE BY REPEALING AND REPLACING CITY CODE SECTION 31-508, FENCE REGULATIONS The City Council of the City of Stillwater does ordain: The fence ordi- nance has been revised to ensure they meet current community needs and to come into compliance with city and state regulations. Approved this 1st day of February, 2022. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette February 4, 2022 1202698 Ad ID 1202698