Loading...
HomeMy WebLinkAbout0098 . ORDINANCE NO. 98 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 42, BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE. The City Council of the City of Lakeville ordains as follows: Section 1. That Ordinance No. 42 be amended by amending Section 4.21 to read as follows: Section 1. DEFINITIONS Subd. 1. Fence. The term "fence" shall mean a structure serving as an enclosure, barrier or boundary. Subd. 2. Screening. The term "screening" shall mean anything that obstructs vision or blocks air or light, but does not in- clude deciduous trees. Section 2. GENERAL PROVISIONS Subd. 1. Fences shall not be constructed without a building permit, except that fences constructed on a farm for farm purposes shall not require a building permit. Subd. 2. Fences or any part thereof may only be constructed on property owned by the permit applicant unless the property owner agrees in writing that the permit applicant may build a fence on the owner's property. The City may require an appli- cant for a permit to .establish the boun- dary lines of his property by a survey made by a Registered Land Surveyor. Subd. 3. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the pur- pose for which the fence is proposed to be used. Fences shall be maintained in a condition of reasonable repair and shall not be allowed to become a nuisance, either public or private. Any fence which is dangerous to the public safety, health or welfare is a public nuisance, and the City may commence proceedings for the abatement thereof. Electric fences shall only be permitted in conjunction with farming and may not be used as boundary fences. Barbed wire fences shall only be permitted on farms, except as hereinafter provided. Subd. 4. Solid walls eight (8) feet in height may be constructed and maintained only in the buildable area of a lot only by a conditional use permit. Subd. 5. On corner lots, no fence or screen shall be permitted within the triangular area defined as beginning at the intersection of the projected curb line of two inter- secting streets, thence thirty (30) feet from the point of beginning on the other curb line, thence to the point of begin- ning, unless the fence or screening is at least seventy-five (758) percent open. Section 3. RESIDENTIAL FENCING AND SCREENING Subd. 1. Except as provided herein, fences shall be at least five (5~) percent open for passage of air and light. Subd. 2. Except as provided herein, fences outside the buildable area of a lot may not exceed six (6) feet in height. Subd. 3. Except as provided herein, fences within the buildable area of a lot or in the case of the rear lot line at least ten (10) feet from. the rear lot line, may not exceed eight (8) feet in height. Subd. 4. Fences extending across front yards shall not exceed forty-two (42) inches in height and shall be at least seventy-five (75~) percent open space for passage of air and light. Section 4. SWIMMING POOL PROTECTION Subd. 1. A permit shall be required for swimming pools constructed below ground level considered to be of, permanent construction with a capacity of 5.,000 gallons and/or three feet or-more $f depth. Each applica- tion for a permit to con§truct or erect a swimming. pool shall be accompanied by plans of sufficient detail to show: (a) The proposed location and its relation- ship to the other principal buildings on the lot. (b) The size of the pool. (c) Fencing and other fixtures existing on the lot, including utility loca- tion and trees. (d) The location, size and types of equip- ment to be used in connection with the pool, including but not limited to filter unit, pump, fencing and the pool itself. (e) That the requirements contained in Sec- tion 4, Subd. 2 of this Ordinance will be satisfied. -2- 1 ? .f Subd. 2. All,.:below ground pools for which a permit fs required and granted shall be provided with safeguards to pre- vent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at Least four (4) feet in height,, - The bottoms of the fences shall not be more than four. (4) inches from the ground. Fences shall be of a noncorrosive material and shall be constructed so as to be not easily climable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children.: .Section 5. BUSINESS AND INDUSTRIAL FENCING Subd. 1. Business and industrial fences may be erected up to eight (8) feet in height. Fences in excess of eight (8) feet shall require a conditional use permit. Subd. 2. Business and industrail fences with barbed wire se- curity arms shall be erected a minimum of six (6) feet in height (measured without the security arm} and may only be erected after receiving a conditional use permit from the City. The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public, Section 2r This Ordinance shall become effective from and after the date of its publication according to law. Adopted this 18th day of October 1976. CITY OF LAREVILLE BY : 0~,~,fT Edward Mako, Mayor ATTEST / , i ~ Patrick E. McGarvey, Clerk -3-