HomeMy WebLinkAbout0567 Ord (Amend Zoning - Fences)469
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ORDINANCE NO. 567
AN ORDINANCE AMENDING ORDINANCE NO. 383, THE ZONING ORDINANCE, BY PROVIDING FOR
THE REGULATION OF THE CONSTRUCTION, PLACEMENT, HEIGHT, NATURE AND EXTENT OF
FENCES.
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to provide for the
regulation of fences in the City of Stillwater, to prevent fences being
erected that would be a hazard to the public, or an unreasonable interference
with the use and enjoyment of neighboring property, and are compatible with
existing uses and other zoning restrictions.
Section 2. Definitions. For the purpose of this ordinance the following
definiticns shall apply.
(1) Fences shall be any lineal structure used to prevent access by
persons, or animals or prevent isual or sound transference with
greater than thirty percent (30%) of the structure open through-
out to allow for passage of light and air.
(2) Walls shall be any lineal structure used to prevent access by
persons or animals or prevent visual or sound transference with
less than thirty percent (30%) of the structure open throughout
to allow for passage of light and air.
Section 3.Fences may be permitted in all yards, subject to the following:
above
t
(1) lid walls in prohibited; ehowever, wallsxcess of our 4shall) tbe subjectatonthe rsame reound grade shall
gulations
egulations
provided hereunder for fences.
(2) The side of the fence considered to be the face
eo (finished side as opposed
to structural supports), shall face abutting p pfiny.
(3) Fences over six feet in height from the finished grade shall require a
building permit in addition to any other required permits.
(4) No fences shall be permitted on public right of ways.
Section 4. Fences may be permitted along property lines subject to the
following:
(1) In residential districts, fences on or within three feet of property lines
shall require a special use permit.
(2) Fences in commercial or industrial districts may be erected on the lot line
to the height of six feet; to a height of eight feet with a security arm
for barbed wire.
(3) Fences along side and rear interior lot lines, beginning at the rear
building line of the principal structure may be a maximum of six feet in
height except as noted in Number 4.
(4) Should the rear lot line of a lot be common with the side lot line of
another lot (i.e., reverse corner lot), that portion of the rear lot line
equal to the required front yard of the abutting lot, shall not be fenced
to a height more than four feet.
(5) Where the property line is not clearly defined, a Certificate of Survey
may be required by the Building Inspector to establish the property line.
SECTION 5. Fences may be permitted within required yards, subject to the
following:
rd,
(1) beginningcated thelthin the side and rear building linerear shallanot exceedisixble feetfinack areas
Fences height
from the finished grade.
(2) In residential districts, fences along or within the front non -buildable
setback area and less than twenty feet from the front property line in
excess of 36 inches in ehgith shall require a special use permit
(3) Fences in commercial and industrial districts located within non -buildable
setback areas shall not exceed six feet in ehgith from the finished grade to
a height of eight feet with a security arm for barbed wire.
Section 6. No existing fence or wall in variation of the ordinance will be
allowed to be replaced or rebuilt. Should an existing fence or solid wall be
replaced or rebuilt, it must come under the regulations of this ordinance.
(continued on page 470)
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ORDINANCEE NO. 567 - continued
Section 7. Effective Date. This ordinance shall be in full force and effect
from and after its passage and publication according to law.
Adopted by the City Council of the City of Stillwater on
the 14th day of November, 1978
Published: November 21, 1978
Attest: 4)41 ✓ , . geel ec(
J lCity Clerk
-cs".4
Mayor
ORDINANCE NO. 568
AN ORDINANCE REQUIRING THE PAYMENT OF CONSULTANT AND ADMINISTATIVE FEES
INCURRED BY REASON OF DEVELOPER REQUESTS.
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Section 1. Definitions:
(a) "Owner" means any person, firm or corporation.
(b) "Consultant Fees" means any charges billed to the City of Still-
water for services performed by the City of Stillwater planner,
engineer, and attorney; exclusive of services performed as part
of the consultants' normal retainer or by special agreement between
the City of Stillwater and its consultants.
(c) "Development" means any rezoning, subdivision, special use permit
variance, building addition, or change in the site plan; or
proposed rezoning, subdivision, special use permit, variance
building addition, or change in site plan.
Section 2. Establishment of Fees: Any owner that causes the City of Still-
water to expend monies for consultant fees on behalf of or on account of, that
owner, associated with a development or proposed development, shall reimburse
the City of Stillwater for the actual consultant fees expended by the City on
behalf, or on account of, said owner.
Section 3. Any person violating the provisions of this ordinance shall be
guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not to exceed $500.00, or for imprisonment for not to exceed ninety
(90) days, or both.
Section 4. This ordinance shall be in full force and effect from and after
its passage and publication according to law.
Adopted by the City Council of he City of Stillwater,
this 28th day of November, 1978.
Published: December 1, 1978
Attest:
t_fii-rte.e<
CitSc, Clerk
Mayor