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ORDINANCE 03 -'10 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER Al'lENDING SECTION 000.08 "DEFINITIONS" and 900.20.3 "ACCESSORY BUILDINGS" OF THE CITY CODE OF ORDINANCES The City Council of the City of Ell( River does hereby ordain as follows: Section 1. Section 30-796 tided "Fences" of the City of Elk River Code of Ordinances shall be amended read as follows: (a) Height resz4czims. In any residential zone on any lot, no fence or planting shall rise over 2 1/2 feet in height above the level of the public sidew01k or curb of street within 10 feet of the front property Line. po) Height offenoes in side and fivnt yttrds. No fence in a fr°nt yard °r al°ng a side line °f a l°t Lq a residential zone, other than a 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 offo'~es in rearyard. No fence higher than eight feet may be located in a required rear yard in a residential district, unless the adjoining lot is not Lq a residential zone. Construction of a fence exceeding six feet Lq height requires a building permit. (d) (1) Locate. Any fence shall be located entirely upon the private property of the person constructing or causing the construction of such fence unless the owner of the adjoining property agrees, in writing, that such fence may be erected on the division line of the respective properties. The director of planning or their designee may require the owner of the property upon which a fence exists to establish the boundary lines of the property by a survey thereof. (2) a. Every fence shall be constructed Lq a complete and substantial manner and of materials reasonably suited for the purpose for which the fence is proposed to be used. b. Every fence shall be maintained Lq a condition of reasonable repair. No fence shall be constructed or continue which is dangerous to the public safety, health, or welfare 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- l and R-la zoning districts when related to farming, but not as boundary fences. (3) Finished side offo're to face adjoining~. If the material used Lq the fence construction is not finished on both sides, the finished side of the material shall be on the outside, facing the abutting or adjoining properties, and all posts or strucrares supporting the fence shall be on the inside of the fence. s: \planning\case f~les\2003 \Od 03-04 city of er fences\ordmanc.doc