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. . . Affidavit of Publication STATE OF MINNESOTA ) )ss. COUNlY OF SHERBURNE) ORDINANCE 03-10 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.08 "DEFINITIONS" and 900.20.3 "ACCESSORY BUILDINGS" OF THE CITY CODE OF ORDINANCES The 9ty Council of the City of Elk" RIVer does hereby ordain a.,...s fO\lows: . Section 1. Section 30-796 titled "Fences" of the City of Elk River Code of Ordinances shall be amended read as follows: (a) Height restrictions. In any residential zone on any lot. no fence or planting shall rise ove~ 2- 1/2 feet in height above the level of the public sidewalk or curb of street within 10 feet of the front property line. (b) Height of fences in side and front yards. No fence in a front yard or along a side line of a lot in a residential zone other thana retaining wall, shall be higher than six feet in height unless the adjoining lot is not in a residential ZOne. Construction of a fence exceeding six feet in height requires a building permit. (c) Height offences in rear yard. No fence higher than eight feet may be located in a required rear yard ina residential district unless the adjoining lot is not in ~ residential zone. Construction ofa fence exceeding six feet in height requires a building permit. (d) General requirements for fences. (1) Location. Any fence shall be l()cated entirely upon the private property of the person construct- ing or causing the construction of such fence unless the owner of the ~djoining property agrees, in writ- mg, that such fence may be erected . o!l the division . line of the respec- tIve. properties. The director of pla~ing or their. designee may reqUIre the owner of the property ~pon which a fence exists to estab- lIsh the boundary lines of the prop- erty by a survey thereof. (2) Construction and mainte- nance. - a. Every fence shall be construct- ed in a complete and substantial manner and of materials reaSOll- ably . suited for. the purpose for whICh the. fence is proposed to be used. b. Every. fence shall be main- tained in a condition of reasonable repair. No fence shall be construct- ed or continue which is dangerous to the public safety, health, or wel- fare as determined by the director of planning or their designee. c. Electric fences, barbed wire fences and barbless wire fences shall be permitted only in the A-I and R-la zoning districts when related to farming, but not as boundary fences. (3) Finished side of fence to face adjoining property. If the material used in the fence. constructic:ln is not finished on both sides the fin- ished side- of the material~shallbe on the. o.u~side, facing theab)ltting or adJOInIng. properties, . and . all posts or structures supporting the fence shall be on the inside of the fence. Section 2. That this ordin~ce shall take effect upon publ~tiQn as provided by law. , .'.......... Passed. and adopted by the City Council of the City of Elk Riv'er this 16th day of June, 2003. , _ Stephanie Klinzing, MayOr Attest: Pat Klaers City Administrator . (Jy2) [ \ '\7,-/~ '0 eth ~G:.v-r \ S being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as the Elk River Star News, and has full knowledge of the facts which are stated below: A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 33IA.02, 331A.07, and other applicable laws, as amended. B) The printed fl v-dt1L~QJ\;'l(ee___o_3._=Ju which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on Wednesday, the ;)~0 day of ')[1 l't ' 20 () ~ , and was thereafter printed and published every Wednesday to and including Wednesday, the day of ,20_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. BY: TITLE: RATE INFORMATI (I) Lowest classified rate paid by commercial users for comparable space $ Maximum rate allowed by law for the above matter (2) (r.J $ 133. is $ \3o,QS (3) Rate actually charged for the above matter