6.5. SR 07-17-2006 - Laserfiche WebLink

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ORDINANCE 06 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-796 "FENCES; VISIBILITY AT INTERSECTIONS AND DRIVEWAYS" OF THE CITY CODE OF ORDINANCES Case No. OA 06-05 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 30-796 titled "Fences; visibility at intersections and drive\vays" of the City of Elk River Code of Ordinances shall ,be amended by amending the fa llo'\ving: (a) Height restrictions. In any residential zone on any lot, no fence or planting shall rise over 2 1/2 feet in height abo've the level of the public side\valk or curb of street \vithin ten feet of the front property line. (b) Height offe/u:es ill side and front ),'arc/s. No fence in a front yard or along a side line of a lot in a residential zone, other dlan a retaining \vall, shall be higher than SL~ feet in height unless the adjoining lot is not in a residential zone. Construction of a fence exceeding SL~ feet in height requires a building p errni t. (e) Height offences in real:JJard No fence higher than eight feet may be located in a required rear yard in a residential district, unless the adjoining lot is not in a residential zone. Construction of a fence exceeding SL\: feet in height requires a building permit. (d) General reqttireJJJents forfences. (1) Location. Any fence shall be located entirely upon the private property of the person constructing or causing the construction of such fence unless the o\vner of the adjoining property agrees, in \vriting, that such fence may be erected on the division line of the respective properties. The director of planning or their designee ma}T require the o\vner of the property upon \vhich a fence exists to establish the boundary lines of the property by a survey thereof. (2) COllstruction and JJJaintenance. a. E'very fence shall be constructed in a complete and substantial manner and of materials reasonably suited for the purpose for \vmch the fence is proposed to be used. b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be constructed or continue \vhich is dangerous to the public safety, health, or \velfare as determined by the director of planning or their designee. c. Electric fences, barbed \we fences and barbless \me fences shall be permitted only in the A-1 and R-la zoning districts \vhen related to farming, but not as boundary fences. (3) Finished side of flnce to fac:e acfjoinil1gproper!J. If the material used in the fence construction is not fmished on both sides, the finished side of the material shall be on the outside, facing the abutting or adjoining properties, and all posts or structures supporting the fence shall be on the inside of the fence. (4) a. All belo\v ground pools i:hftt require a building permit and shall be enclosed \vith a fence that is a minimum four feet high and includes lockable gates. The fence shall be installed prior to filling the pool. Fencing shall be chain link, vertical pickets or solid. Spaces bet\veen the bottom of the fence and the ground or benveen the pickets shall not exceed four inches. b. All above ground pools that require a building permit shall have access controlled ,vith a means to prevent access into the above ground pool \vhen unoccupied. Failure to prevent access into an above ground pool \vhen unoccupied is a misdemeanor. be enclosed ~ith a fencc that complics "'1.th standards for bclo7"..v ground pools. On abo;-c ground pools that arc a minimum of four feet abo;-c grzo4dc on all sidcs, access can controlled "0.-ith a lockable Of rcmoyablc ladder. c. All pool related chemicals shall be stored inside a structure.