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CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.08-239 AN ORDINANCE AMENDING THE LAKE ELMO CITY ZONING CODE OF ORDINANCES BY AMENDING THE HEIGHT STANDARDS FOR FENCING ALONG CORNER LOT SIDE YARDS AND REMOVING NEIGHBORING PROPERTY OWNER AUTHORIZATION FOR FENCES ALONG PROPERTY LINES. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter 154 Zoning Code; Article VII: General Regulations; Section 154.205 by amending the following: 154.205 FENCING REGULATIONS. A. Purpose. The purpose of this Ordinance is to provide for the regulation of fences in the City of Lake Elmo and to prevent fences from being erected that would be a hazard to the public, an unreasonable interference with the uses and enjoyment of neighboring property or are incompatible with existing uses and other zoning restrictions. B. Definitions. The following words, terms and phrases, when used in this Section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning: Permanent Fence. Fences that are installed in a fixed or enduring manner that are not intended for a seasonal or temporary purpose. Temporary Fence. Fences that are installed and removed on a seasonal basis, such as snow fences, garden fences and seasonal recreational fences, such as hockey boards. C. Permit Required. 1. Permanent Fence. No permanent fence shall be erected without first obtaining a fence permit. Application shall be made to the Planning Director. The fee shall be established by the City's Fee Schedule. The Planning Director is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this Ordinance. The Board of Adjustment and Appeals shall hear and decide appeals when it is alleged that the Planning Director was in error. The appeals shall follow the procedure outlined in §31.01. 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 property 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 §96.03. 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