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01 - 2013 Full Ordinance Book
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01 - 2013 Full Ordinance Book
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c. For screening of outdoor living <br />space subject to the following <br />criteria: <br />I. The area enclosed by outdoor <br />extended living area fencing shall not <br />I Qnclosed area of 500 <br />Ordinance shall be <br />Permit requirements, exempt from <br />D. Genera/ itilized to enclose an <br />fences erected Requirements. All Jed living.area shall be <br />Elmo are in the <br />recity of Lake point not more than 6 <br />quirements: subject to the following ie principal structure at <br />�• Maintenance. All fen nation point. <br />r <br />CITY OF LAKE ELMO <br />COUNTY OF WASHINGTON <br />p oPerly maintained ces shall be utilized to enclose an <br />appearance and with respect to coded living area shall <br />remain <br />STATE OF MINNESOTA <br />in a state of dsreences that into side yard of a lot <br />extended Pair for existing building line of <br />ORDINANCE N 0. 08-086 <br />AN ORDINANCE <br />period an <br />constitute of time shall i principal structure, nor <br />2, Face of Fence. Ce Per §gg,03. fences be located in any <br />The <br />AMENDING <br />THE LAKE ELMO CITY <br />finished side it street yard. <br />of any fence or wall must <br />abutting <br />CODE <br />OF ORDINANCES BY <br />face screening or privacy <br />property or street rights of when the lineal <br />way. <br />ADOPTING <br />ADOPTING NEW FEN <br />FENCING <br />REGULATIONS IN THE <br />3. Fence Materials. p ient of the fence does not <br />materials shall ermitted fence ne-fourth (?) of the linear <br />stone, be limited <br />LAKE <br />ELMO ZONING CODE. <br />SECTION <br />to brick, of the perimeter of a lot. <br />WOma wrought iron, vinyl ces may only be installed <br />composite material, steel, <br />1, The City Council of <br />the City of Lake Elmo hereby <br />aluminum, written consent of the <br />chain -link and, in cases <br />fencing only, of temporary property owner. <br />amends Title XV; <br />Chapter Title <br />154: Land Usage; <br />consistent y materials that are ;r other circumstances when <br />with temporary fencing <br />repealing City Code Sections <br />154.120 through <br />as fence is warranted due to <br />4. Traffic subsection (F) health, animal containment, <br />obstruction No <br />wall <br />154.128 in <br />entirety, their <br />shall obstruct fence or ar purposes, subject to review <br />pedestrian's a motorist's or a xoval by the City Council and <br />SECTION 2. The City Council of <br />the City of Lake Elmo <br />safe view <br />driveway or street. from the ie written consent of the <br />5. Location. <br />amends Title XV: hereby <br />Land Usage; <br />Chapter 154: Zoning <br />nt property owner. <br />a. Fences may be installed %ommercial and Industrial <br />Portion <br />Code, by <br />adding the following language:restrictions <br />Article 5 —General <br />—Gen <br />Articl§154.2e <br />of a lot sub' °n any :ts. No fence or wall shall <br />of subject to the height d eight feet (8') in height. <br />be <br />Regulations <br />Fencing Regulations <br />installedalong'§154205'E and <br />Propertymay ;s that exceed eight feet (8') in <br />Provided the lines t require a conditional use <br />§154.20 Fencing Regulations <br />Al- Purpose. The <br />Ordinance is to Purpose of this <br />adjacent <br />agrees, in Property t. <br />may writing, that such fence ;mporary Fences <br />y be erected on the <br />°f the boundary <br />provide for the <br />regulation of fences in city of <br />Lake Elmo and <br />respective line Height and Performance. <br />Portion he fen properties. Any )orary fences shall comply with <br />of the fence and <br />material <br />to revert <br />Prevent fences <br />from being erected that <br />shall not all footing fence height standards of <br />neighboring encroach on <br />would be a <br />hazard to the public, an <br />unreasonable interference <br />b• All Properly. the section (E). Temporary fences <br />Pertinent pro a .I be at least 40%open to air and <br />be visible Property Pins shall t. If to be least <br />upon <br />with the <br />uses and enjoyment of neighboring <br />property or are incompatible <br />unable at 40% <br />installed <br />inspection for fences :n to air and light, temporary <br />within one foot of a <br />boundary. <br />with <br />existing uses and other zoning <br />restrictions. <br />properly ces shall not exceed forty-two <br />c• In the hes (42") in height. <br />case of a dispute, <br />B. Definitions. The following words, <br />terms and phrases, <br />may r the City Duration and Limitation <br />y require a survey to establish the . No snow fence or posts shall be <br />boundary line of a property. <br />Easement <br />when used in <br />this Section, shall have the meaning <br />ascribed to them <br />stalled prior to October 1, and must <br />easement Encroachment. An ;removed prior to April 15. <br />must ant <br />in this subsection <br />except where the context clearly <br />indicates a different meaning: <br />agreement a. Seasonal recreational fencing <br />bet apP°oved <br />COUncil, aloe by the City itended for winter sports, such as <br />for g with a fence <br />any fence <br />Permanent Fence. Fences that are <br />installed in a fixed <br />permit, ockey or broomball shall not be <br />that will be installed istalled prior to October 1, and must <br />within a City easement. <br />SW�mmin <br />or enduring <br />manner that are not intended for a <br />seasonal or tempos <br />re removed prior to April 15. <br />Pools shall be Pooqll swimming 3. Location. Snow fences shall be <br />fencing per 08s d with required <br />Temporary Fence. encesohat <br />§151 set back at least 50 feet from any <br />E. Fence Height <br />are <br />installed and removed on a seasonal <br />basis, such as snow fences, <br />and Design south or east property line, or such <br />r• Fences additional distance as may be <br />(Corner) r'. /n Front and Side <br />Yards. <br />fences and seasonal recreational <br />fences, such as hockey <br />front required to prevent the accumulation <br />Any fence within <br />may °f side (corner) yard setbacka of snow on public streets or adjoining <br />Y not exceed <br />boards. <br />C. Permit Required <br />1. Permanent <br />fo property, as determined by the <br />in height and rtY-fW0 (42) inches Public Works Director. <br />air and be 50% <br />Fence. No permanent <br />fence shall be erected without <br />lightmust <br />open to G. Prohibited Fencing. Barbed wire <br />de <br />ResNo <br />first <br />obtaininga fence <br />shall bPermit. Application <br />made <br />D/stricts. fence and Mixed -Use platted areasencing are prohibited in <br />feet shall e <br />exceed <br />(6to <br />to the Plannin <br />Director. The fee shall be established <br />suet six H. Agricultural Exemption. Fences <br />the height' and <br />designshall be in <br />by the Ci 's Fee <br />Planning ty Schedule. The <br />g Director is <br />constructed on parcels excess of 5 <br />§154.20s.E.3 requirements of acres for the keeping of horses; and <br />3• Residential <br />authorized to <br />issue a fence permit if the application <br />indicates that the <br />Require Fence fences constructed on parcels in <br />over tlr ments. Design excess of 10 acres are specifically <br />Solid wall fences <br />our <br />fence will be in <br />compliance with this Ordinance. The <br />Board of Adjustment <br />Prohibited exempted from the provisions of this <br />on feet in height shall be Section. Any such agricultural <br />(21,780 any It) under ? acre <br />square <br />and Appeals <br />shall hear and decide appeals <br />it pPeals when <br />portion fencing shall be at least 75% open to <br />feet) in size, qn air and light. <br />on over <br />is g such to sfence tour (4) feel <br />alleged that the Planning open to lightshall be at least 75�, SECTION 3. Effective Date. This <br />Director was in error. The appeals and <br />one <br />shall follow the procedure outlined l <br />§31.01. <br />air, exc ordinance shall become effective <br />n of the follow. ept under Immediately upon adoption and <br />When g circumstances: <br />2.3 Tem ryTemporary abuts a residential propert publication in the official <br />pora Fence. classificationdistrict or use of y newspaper of the City of Lake <br />fencing that a hi <br />complies <br />subsection (F) and P all other abuts s, RR, R^a RE or rLDR'cally henr Elmo. <br />applicable any ADOPTION DATE: Adopted by the <br />district <br />provisions of this family resider, a single Lake Elmo City Council on the <br />°' r district or <br />family u e day July 2013 <br />abuts a multi- sixteenth of <br />residential <br />residential use. °f a non- Ayes: 4 <br />b• <br />and <br />functional <br />When a r Nays: 0 <br />abuts properly is a through lot /a/ Mike Pearson, Mayor <br />a street that <br />is a higher Attest: /a/ Adam Bell, City Clerk <br />classification <br />street than the (Oakdale -Lake Elmo Review: July <br />abutting the front <br />Property. <br />yard of the 24, 2013) <br />
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