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August 8, 2022 <br />Page 3 <br />from the elevation of the raised deck for that portion which is affixed to the raised <br />deck. The grade at the fence line shall not be altered in any way that artificially <br />increases the maximum permitted height of the fence. <br />(1) Residential Uses. <br />a. Front Yards. No fence shall be over four (4) feet in height within <br />a required front yard setback. <br />b. Side Yards. No fence shall be over six (6) feet in height. A fence <br />up to six (6) feet in height shall be allowed on corner lots along the <br />corner side behind the nearest front corner of the principal <br />building. <br />c. Rear Yards. No fence shall be over six (6) feet in height. <br />When this code was written, fences of more than 6 feet in height required a building <br />permit, with review and permitting through the Building Official. The revised building code <br />has changed this height to 7 feet. One of the reasons for this change is an <br />acknowledgement that fence construction often occurs over uneven terrain, and a fence <br />that uses 6 feet tall material (a commonly available dimension) is often a few inches more <br />than 6 feet above the ground below it. Moreover, many types of fence construction include <br />post design where the tops of the posts extend a few inches above the top line of the fence <br />panel. <br />These conditions have been prevalent for many years. Technically, such fences were <br />required to obtain building permits, be reviewed by building inspection staff, and be <br />inspected by the building official. In practice, this was not happening, whether in St. <br />Anthony or most any other locality when these variations were only a few inches above the <br />6 foot mark. As such, the writers of the Building Code amended that code from 6 feet to <br />the 7 feet now in force. <br />The taller dimension accommodates the variations noted (terrain and post design), with the <br />understanding that the majority of such fences utilize fence panels of 6 feet (see illustration <br />above). <br />To remedy this conflict, staff believes that an amendment to the existing code is <br />appropriate. As noted, the applicant has suggested that the fence height be increased to 6 <br />21