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HomeMy WebLinkAbout0840CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 840 AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE CONCERNING FENCES. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11-21-5 of the Lakeville City Code is hereby amended as follows: 11-21-5: FENCES: Fences shall be permitted in all yards subject to the following: (Ord. 674, sec. 1, 7-17-2000) A. Approval Required: No person except on a farm and related to agricultural uses, but not including hobby farms, shall hereafter construct or cause to be constructed or erected within the city any fence without first making an application for and securing approval by the. zoning administrator or their designee in accordance with Section 11-8-5 of this Title for fences not exceeding six feet (6') in height, or a building permit for fences exceeding six feet (6') in height. (Ord. 697, sec. 3, 12-17-2001) B. Locations; Boundary Line Fences: 1. Fences, including footings, shall be located entirely upon the private property for which the .administrative approval or building permit has been issued. 2. The owner of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines by: a. Locating their property irons; or, b. If the property lines cannot be located: 1 (1) The zoning administrator or the building official may require the owner of property upon which a fence now exists, or may.. require any. property owner proposing to .construct a fence to establish the boundary lines of the property by a survey thereof to be made by a registered land surveyor; or, (2) The owner of property upon which a fence now exists, or the property owner on which the fence is to be constructed and .the owner(s). of the adjoining properties enter into an agreement regarding the location of the fence to be recorded with the titles of the respective properties, subject to approval of an Administrative Permit. 3. No fences. shall be placed on or extend into public rights of way or onto public property. 4. Fences in easements shall not impede the flow of :water. If the City needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner. C. Construction And Maintenance: 1. Every fence shall be constructed in a substantial,. workmanlike manner and of substantial. material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall 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, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare., is a public nuisance, and the zoning administrator shall commence proper proceedings for the abatement thereof. 2. Except as otherwise permitted, security fences, wherever allowed shall be constructed in such a manner, that no barbed ends shall be at the. top. 3. Electric fences shall only be permitted in the A-P and RA districts when related to agriculture, and on 2 farms in other districts when related to agricultural purposes, but not as boundary fences. 4. Barbed wire fences shall only be permitted on farms related to agriculture except as provided for by subsection H2 of this section. 5. That side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right of way. (Ord. 674, sec. 1, 7-17-2000) D. Solid Walls: Solid walls up to eight feet (8') in height which are not part of buildings may be constructed and maintained only in the buildable area of a lot only by approval of a conditional use permit. (Ord. 730, sec. 21, 3-17-2003) E. Traffic Sight Visibility Triangle: On corner lots, no fence or screen shall be permitted within the area defined as the traffic sight visibility triangle by section 11-16-15 of this title. F. Residential Fencing And Screening: 1. Open For Passage: Except as provided herein, fences shall be at least five percent (5%) open for passage of air, light, and drainage. 2. Height Outside Buildable Area: Except as provided herein, fences outside the buildable area of a lot may not exceed six feet (6') in height. 3. Height Within Buildable Area: Except as provided herein, fences within the buildable area of a lot or in the case of a rear lot line at least ten feet (10') from the rear lot line, may not exceed eight feet (8') in height. (Ord. 674, sec. 1, 7-17-2000) 4. Fence Setbacks: All fences shall be set back ten feet (10') from any lot line abutting a public right of way, except for fences constructed within the required rear yards of a double frontage lot and a side yard of a corner lot abutting a major collector or arterial street on lots of record and preliminary platted lots having legal standing established on January 1, 1994. 3 5. Required Front Yards And Side Yards Of Corner Lots: a. Fences extending across front yards and side .yards abutting a public right of way shall not exceed forty two inches (42") in height and shall be at least seventy .five percent. (750) open space for the passage of air and light, except as provided for by subsection F5b of this section. b. A fence with a height greater than forty two inches (42") or less than seventy five percent (75%) open space may be constructed within the required rear yards of a double frontage lot and a side yard of a corner lot abutting a major collector or arterial street, provided that: (1) Except for fences constructed on lots of record and preliminary platted lots having legal standing established on January 1, 1994, the fence shall be set back fifteen feet (15') from the property line abutting a major collector or arterial street. (2) The fence collector .shall not and be no a point i principal along a side lot line abutting a or arterial street right of way extend into a required front yard closer to the front lot line than ztersecting the front line of the building. (3) For interior lots, a gate constructed of the same material as the fence shall be provided in the fence to allow for maintenance of the street side boulevard. c. All fences located within any required yard abutting a public right of way shall maintain .the traffic visibility requirements of section 11-16-15 of this title. (Ord. 737, sec. 1, 4-7- 2003) G. Swimming Pool Protection: 1. Approval by the zoning administrator or their designee in accordance with Section 11-8-5 of this 4 Title shall be required for swimming pools having a depth of twenty four inches (24") at any point and a surface area exceeding one hundred fifty (150) square feet. 2. Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show: a. The proposed location of the pool and its relationship to the principal building. on the lot. b. The size of the pool. c. Fencing and other fixtures existing and .proposed on the lot, including utility location and trees. d. The location, size, and types of equipment 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 this subsection G2 and subsection G3 of this section will be satisfied including submission and approval of a site plan. 3. All swimming pools for which a permit is required and granted shall be provided with safeguards to prevent 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 feet (4') in height. The bottoms of the fences shall not be more than four inches (4") from the ground nor shall any open space in the fence be more than four inches (4") Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. 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. The fencing requirements of this 5 subsection G need only be provided around the .means of access on aboveground pools which have four feet (4') high, vertical or outward inclined side walls. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the city building official. (Ord. 697, sec. 4, 12-17-2001) 4. In all residential districts, swimming pools and any attached or functionally related deck that is more than thirty inches (30") above grade shall be set back ten feet (10') from all adjoining lots and, except for fences and pump enclosures, shall be located at least ten feet (10') away from any other building or structure on the same lot and shall not be located within a drainage or utility easement or required buffer yard. Swimming pools shall not be permitted in a front yard or in the area between the street right of way and the minimum required building side yard setback line.. (Ord. 730, sec. 22, 3-17-2003) H. Business And Industrial Fencing: 1. Except in a required front yard, business and industrial fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8'), not located in a required front yard, shall require a conditional use permit. 2. Business and industrial fences with barbed wire security arms shall. be erected a minimum of six feet (6') in height (measured without the security arm).. 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. Such security fencing shall be prohibited within a required front yard or when located along a property line abutting a residential use. I. Special Purpose Fences: Fences for special purposes and fences differing in construction, height or setback that are not constructed within a required front yard may be permitted in any district as an interim use permit subject to Chapter 5 of this Title. (Ord. 674, sec. 1, 7-17-2000) 6 Section 2. This Ordinance shall be effective immediately. upon. its passage and publication according to law.. PASSED and ADOPTED by the Lakeville City Council this 2"d day of June, 2008. CITY OF LAKEVILLE BY ATTEST BY: ~ Charlene Friedges, City erk 7 CITY Of LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 840, AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE) OF THE .LAKEVILLE CITY CODE CONCERNING FENCES. This ordinance is a revision to Title 11, Chapter 21, Section 5 of the City's Zoning Ordinance concerning the regulation of fences. The ordinance amendment addresses the location of boundary line fences, fences in front or side yards of corner lots, -and fences for swimming pools. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 2"d day of June, 2008. CITY OF LAKEVILLE BY: Charlene Friedges, City 1 ATTEST: PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.: 840 AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE CONCERNING FENCES. This ordinance is a revision to Title 11, Chapter 21, Section 5 of the City's Zoning Ordinance concerning the regulation of fences. The ordinance amendment addresses the location of boundary line fences, fences in front or side yards of cor- ner lots, and fences for swimming pools. A printed copy of the entire ordinance is available for inspection by any person dur- ing the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 2nd day of June, 2008. CITY OF LAKEVILLE BY: Holly Dahl, Mayor ATTEST Charlene Friedges, City Clerk 1248378 6/7/08 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS County of Dakota TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Life and Times, and Thisweek Farmington and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02. 331A.07 and other applicable laws, as amended. (B) The printed Lega. Notice which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive week(s); it was first published on Saturday, the 7th day of June, 2008, and was thereafter printed and published on every Saturday to and including Saturday, the 7`h day of June, 2008; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY TITLE: Managing Editor Subscribed and sworn to before me on this 7th day of June, 2008. EVA ELISABETH MOONEY NOTARY PUBLIC- MINNESOTA My Commission Expires Jan. 31, 2010 Notary Public