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Affidavit of Publication <br /> STATE OF MINNESOTA ) <br /> )ss. <br /> COUNTY OF SHERBURNE) <br /> ORDINANCE, o6.09 � �� � ,S , <br /> CITY OF ELK RIVER being duly sworn, on oath says that he/she is the publisher <br /> AN ORDINANCE OF THE <br /> CITX OF ELK RIVED or authorized agent and employee of the publisher of the <br /> AMENDING SECTION 30.796 <br /> "FENCES;VISIBILITY AT newspaper known as the Elk River Star News, and has full <br /> INTERSECTIONS AND <br /> DRIVEWAYS" knowledge of the facts which are stated below: <br /> OF THE CITY CODE OF <br /> ORDINANCES A) The newspaper has complied with all the <br /> Case No.OA 06-05 requirements constituting qualification as a qualified <br /> The City Council of the City of <br /> Elk River does hereby ordain as newspaper, as provided by Minnesota Statute 331A.02, <br /> follows: <br /> Section 1. Section,30-796 titled 331A.07, and other applicable laws, as amend% . <br /> "Fences;visibility at intersections' B) The printed (J <br /> and driveways"of the City of Elk <br /> Riper'"Code bf Ordinance's shall be <br /> amended by amending the fol- <br /> lowing: which is attached was cut from the columns of said <br /> (a)Height restrictions. In any <br /> residential zone on any lot, no newspaper, and was printed and published once each <br /> fence or planting shall rise over 2 <br /> 1/2 feet in height above the level week, for t successiye weeks; it w s first published <br /> ' <br /> of the public sidewalk or curb of on Wednesday, the •�,°day of <br /> street within ten feet of the front <br /> Property line. 20--OLO, and was thereafter printed and pu lished every <br /> (b)Height of fences in side and <br /> front yards. No fence in a front Wednesday to and including Wednesday, the <br /> yard or along a side line of a lot in day f , 20 ;and printed below <br /> a residential zone, other than ar; y <br /> retaining wall, shall be higher is a copy of the lower case alphabet from A to Z, both <br /> than six feet in height unless the <br /> adjoining lot is not in a residen- inclusive, which is hereby acknowledged as being the size <br /> tial zone.Construction of a fence <br /> 'exceeding six feet in height and kind of type used in the composition and publication <br /> requires a building permit. <br /> (c) Height of fences in rear yard. of the notice. <br /> No fence higher than eight feet <br /> may be located in a required rear <br /> yard in,a'residential district, abcdefghijklmnopgrstuvwxyz <br /> unless the adjoining-jot is not in a <br /> residential zone.Construction of a' <br /> fence exceeding six feet in height <br /> requires a building permit. BY: <br /> '(d) General requirements for TITLE: <br /> fences. <br /> (1)Location. Any fence shall be <br /> located entirely upon the private <br /> property of the person construct- Subscribed and sworn to before me on this day of <br /> ing or causing the construction of <br /> such fence qnless the owner of the 20 <br /> adjoining property agrees, in 4 <br /> writing,that such fence may be <br /> erected on the division line of the ►' I JJX-Cs <br /> respective properties.The direc <br /> for of planning or their designee <br /> g Notary Public G\� okvN es sake,a N V <br /> may require the owner of the <br /> property upon which a fence <br /> exists to establish the boundary, o <br /> lines of the property by a survey RATE T t� <br /> thereof. � e <br /> (2) Construction and mainte (1) Lowest classified rate <br /> Hance commercial users for coft►Para ble space $ <br /> a. Every fence shall be_con- <br /> structed in a complete and sub-i' (2) Maximum rate allowed by law for <br /> stantial manner and of materials <br /> reasonably suited for the purpose the above matter $ <br /> for which the fence is proposed to <br /> be used. (3) Rate actually charged for the <br /> above matter $ <br /> f <br /> ii <br /> '�i <br />