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Retaining Wall Report May 17, 2006 Page 2 1103.08: FENCING, RETAINING WALLS, SCREENING AND LANDSCAPING: Subd. 1. Height: No fence shall exceed eight feet (8') in height, and in the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade. Subd. 2. Intersections: No fences, structures or planting of trees or shrubs shall be permitted within thirty feet (30') of any corner formed by the intersection of street property lines or the right of way of a railway intersecting a street, except properly constructed chain link fences. Such chain link fences shall not exceed forty eight inches (48") in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five-eighths inches (1-5/8") nor more than two and one-fourth inches (2-1/4"). Such fences may follow the lot line to the lot corner. The thirty feet (30') restriction noted above shall consist of the triangle formed by connecting the two (2) points on intersecting lot lines that are each thirty feet (30') from the lot corner. Subd. 3. Location: a. Except as provided in subdivision 2 above, fences not to exceed forty eight inches (48") in height may be located on any part of a lot. Fences not to exceed ninety six inches (96") in height may be erected on any part of a lot behind the front line of the principal building. The City Council may require or approve fencing up to ninety six inches (96") in height in a front yard to satisfy a buffer or screening condition of a development review or conditional use permit. (Ord. 658, 8-14-00) b. A fence or retaining wall shall be installed on the applicant's property. The fence or retaining wall shall not be installed directly over the property line. Subd. 4. Landscaping Required: In all zoning districts, the lot area remaining after providing for off- street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. Subd. 5. Surface of Fences: Any fence shall be so constructed that the surface facing adjoining properties or public rights of way shall be of finished construction. Subd. 6. Required Screening: The fencing and screening required by this Title shall be subject to subdivisions 1 through 5 hereof and shall consist of either a fence or a green belt planting strip the height of which shall be sufficient to adequately shield the activity from the abutting properties. a. A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight feet (8') in height. Earth mounding or berms may be used but shall be limited to an average of five feet (5') of the height of the required screen. The planting plan and type of shrub shall require the approval of the Planning and Zoning Commission based upon a recommendation of the Director of Public Works/City Engineer and Building Inspector.