FINAL ORDINANCE NO. 08-086 - Laserfiche WebLink

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2. Temporary Fence. Temporary fencing that complies with subsection (F) and all other applicable provisions of this Ordinance shall be exempt from permit requirements. D. General Requirements. All fences erected in the city of Lake Elmo are subject to the following requirements: 1. Maintenance. All fences shall be properly maintained with respect to appearance and safety. Fences that remain in a state of disrepair for an extended period of time shall constitute a nuisance per S96.03. 2. Face of Fence. The finished side of any fence or wall must face abutting property or street rights of way. 3. Fence Materials. Permitted fence materials shall be limited to brick, stone, wood, wrought iron, vinyl, composite material, steel, aluminum, chain -link and, in cases of temporary fencing only, materials that are consistent with temporary fencing as regulated under subsection (F) 4. Traffic Obstruction. No fence or wall shall obstruct a motorist's or a pedestrian's safe view from the driveway or street. 5. Location. a. Fences may be installed on any portion of a lot subject to the height restrictions of 5154.205.E and may be installed along property lines provided the adjacent property agrees, in writing, that such fence may be erected on the boundary line of the respective properties. Any portion of the fence and all footing material shall not encroach on the neighboring property. b. All pertinent property pins shall be visible upon inspection for fences installed within one foot of a property boundary. c. In the case of a dispute, the City may require a survey to establish the boundary line of a property. 6. Easement Encroachment. An easement encroachment agreement must be approved by the City Council, along with a fence permit, for any fence that will be installed within a City easement. 7. Swimming Pools. All swimming pools shall be enclosed with required fencing per 5151.085. E. Fence Height and Design 1. Fences within Front and Side (Corner) Yards. Any fence within a front or side (corner) yard setback may not exceed forty-two (42) inches in height and must be 50% open to air and light. 2. Residential and Mixed -Use Districts. No fence shall exceed six feet (6') in height, and shall be subject to the design requirements of S154.205.E.3. 3. Residential Fence Design Requirements. Solid wall fences over four (4) feet in height shall be prohibited on any lot under'/x acre (21,780 square feet) in size. Any portion of a fence over four (4) feet on such lots shalt be at least 75% open to Light and air, except under one of the following circumstances: