ORDINANCE NO. 643
AN ORDINANCE AMENDING
CHAPTER 74, ARTICLE IV, SECTIONS 74-221 AND 74-222 AND CHAPTER 18, ARTICLE IV, SECTION 18-83 AND CHAPTER 42, SECTION 42-1OF THE CODE OF ORDINANCES, CITY OF ST. PAUL PARK, MINNESOTA RELATING TO FENCES
WHEREAS, the City of St. Paul Park, Minnesota, wishes to amend Chapter 74, Article IV, Sections 74-221 and 74-222 paragraph (c), Chapter 18, Article IV, Section 18-83 paragraph (h), and Chapter 42, Section 42-1 paragraph (b) subparagraph (4) in the Code of Ordinances, City of St. Paul Park, Minnesota, relating to fences;
NOW THEREFORE, the City Council of the City of St. Paul Park, County of Washington, State of Minnesota, does hereby ordain as follows:
1. Chapter 74, Article IV, Section 74-221 is hereby amended so as to hereafter read as follows:
"Sec. 74-221. Fences.
(a) Location. All fences shall be located entirely upon the private property of the persons constructing or causing the construction of such fence, unless the owner of the adjoining property agrees, in writing, that such fence may be erected on the division line of the respective properties. No fences shall be allowed on public rights-of-way. Where the property line is not clearly defined, a certificate of survey may be required by the building official to establish the property line.
(b) Construction and maintenance. Every fence shall be installed so that the more finished side faces the adjacent property. If the fence has posts on one side, the posts shall be placed on the inside side of the fence. 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 city administrator shall commence proper proceedings for the abatement thereof. Chainlink fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top. Electric and barbed wire fences shall not be permitted, except as provided under subsection (d) (e) of this section. Solid walls in excess of six feet above adjacent ground grades shall be prohibited.
(c) Private swimming pools. All fencing around private swimming pools shall comply with Chapter 18, Article IV.
(c) (d) Residential district fences. In all parts of the city zoned residential, all fences shall conform with district setback requirements and no fence shall be erected or maintained more than 3 1/2 four feet in height except that:
(1) Fences on all corner lots erected within 30 feet of the intersecting property line shall be subject to section 74-223.
(2) Subject to other restrictions contained in this section, fences may be constructed to a height of eight six feet on or along the rear property line, the side yard property lines from the rear lot line to a point equal to 50 percent of the average side width and it may return to the front corner of the principal structure.
(3) Fences along any rear property line which is also the rear property line of an abutting lot may be constructed to a height of eight six feet.
(4) Fences along a rear property line which line constitutes the side lot line of an abutting lot shall not exceed eight six feet in height for a distance as calculated in subsection (d)(2) of this section and shall not exceed 3 1/2 four feet in height when abutting a front yard line.
(5) An inspection fee in the amount set forth in chapter 42 of this Code shall be paid for all residential district fences constructed in the city.
(d) (e) Business and industrial district fences. Fences in all business and industrial districts shall not exceed eight feet in height except that:
(1) Fences abutting R districts shall conform to those conditions applying to the R district.
(2) Fences which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire must be fastened commencing at a point at least seven feet above the ground.
(3) Fences erected within the required front yard shall not be over six feet in height and shall be of a chainlink construction permitting maximum visibility.
(4) An inspection fee in the amount set forth in chapter 42 of this Code shall be paid for all business and industrial district fences constructed in the city.
(e) (f) Special purpose fences. Fences for special purposes and fences differing in construction, height or length than as required in this section may be permitted in any district in the city by issuance of a conditional use permit approved by the planning commission and city council. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended.
2. Chapter 74, Article IV, Section 74-222, paragraph c is hereby amended so as to hereafter read as follows:
"c. Where any business or industrial use, i.e., structure, parking or storage, abuts property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front, as determined by the building inspector official."
3. Chapter 18, Article IV, Section 18-83 paragraph (h) is hereby amended so as to hereafter read as follows:
" (h) Fences and gates: The pool shall be enclosed with fencing, at least four feet high and not exceeding eight six feet high, to prevent uncontrolled entrance of all persons. Such fence shall have self-closing and self-latching gates with provisions for locking and shall be completely installed prior to the filling of the pool. Access pointes to the pool shall be provided with self-closing, lockable, self-latching gates and shall be installed prior to the filling of the pool. For an aboveground pool, where the combined heights of the pool and deck/railing is four feet or greater above grade, and access points to the pool are provided with self-closing lockable, self-latching gates, a separate fence shall not be required."
4. Chapter 42, Section 42-1, paragraph (b), subparagraph 4. Fees has been amended by adding a Residential Fence fee as follows:
"Residential Fence............. $25.00
5. 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 St. Paul Park, Minnesota, this 16th day of March 2009.
John Hunziker, Mayor
Sharon Ornquist, City Clerk
(Published in the South Washington County Bulletin on Wednesday, March 25, 2009.)