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CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.2022-05 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY AMENDING THE FENCING CODE SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105 Zoning; Chapter 105.12: Zoning Code, Section 400 is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with sfrikethfeugl�: 105.12.400 FENCING REGULATIONS A. Purpose. The purpose of this article is to provide for the regulation of fences in the city 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 means fences that are installed in a fixed or enduring manner that are not intended for a seasonal or temporary purpose. Temporary fence means 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 or their designee. The fee shall be established by the city's fee schedule. The planning director or their designee is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this section. 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 LEC 3.08.010. 2. Temporary fence. Temporary fencing that complies with subsection (1) of this section and all other applicable provisions of this article shall be exempt from pen -nit requirements. D. General requirements. All fences erected in the city 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 LEC 9.28.030. 2. Face offence. The finished side of any fence or wall must face abutting property or street rights -of -way.