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Home My WebLink About04-09 Clarifying Fences 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04- 09 AN ORDINANCE AMENDING SECTION 1101.504 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101.504 of the Prior Lake City Code is hereby amended as follows: Fences. Fences in Residential Use Districts may be permitted in required yards, subject to the following provisions: (1) The height of fences and walls permitted in required yards shall be limited. The height shall be measured from the ground level b the top of the fence or wall section. Fence posts may extend no more than 8 inches above the required height limit of a fence. In the case where the fence section has variable heights, the height of the fence shall be the average height. Fence heights shall be limited as follows: ~ A fence or wall shall not exceed 6 feet in height if it is located in any side or rear yard. ~ A fence or wall may be located in a front yard if the fence or wall does not exceed 4 feet in height and 50 percent opacity. Fences in the front yard shall be limited to decorative fences, such as picket fences, split rail fences and decorative iron fences. Chain link fences are not permitted in the front yard. (amd.Ord. 00-07 - pub. 6/10/00) ~ A fence or wall shall not exceoo 8 feet in height if the yard in which it is placed abuts State Highway 13 or County Roads 21, 42, 82 or 83. ~ A fence or wall exceeding 8 feet in height may be allowed if placed in any side or rear yard separating a commercial or industrial use from a residential use, a school, church or other public building. ~ A fence or wall may exceed 6 feet in height in any side or rear yard when it is installed as part of a bufferyard, but may not exceed 8 feet in height. ~ A fence or wall in one front yard of any through lot may be at the height permitted in a rear yard if it complies with all of the provisions of subsection 1101.506, is used as a rear yard, and the fenced yard used as the rear yard does not adjoin a yard used as a front yard. (2) Where a fence or wall 6 feet in height or less is used as part of an animal kennel or run, it may not be located in any required side or front yard, and it shall be located at least 10 feet from any rear lot line. R:\ORDI NANC\2004\04-09 .doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 (3) Temporary snow fences shall be permitted in ary yard from November 1st to April 1st. (4) No fence, hedge or wall or visual obstruction of any kind shall be permitted which is not in compliance with subsection 1101.506. (5) Any fence or wall over 6 feet in height constructed as a result of this subsection shall be constructed of a nonmetallic material and shall be 900/0 opaque. It shall be considered a structure, shall require a building permit, and shall meet all Minnesota State Building Code requirements for a structure. (6) No fence may be located in any public right of way. (7) A fence on a corner lot abutting a collector street shall be subject to the following conditions: ~ The fence shall not exceed 6 feet in height along the side street lot line. ~ The front yard shall be determined by the location of the garage. The direction the garage is facing shall be considered the front yard. ~ For lots with driveway access on a collector street, the fence shall not be constructed within a sight triangle described as beginning from a point at the intersection of the extension of the existing curb lines of the street or pavement edge and driveway, and extending 50 feet along the edge of the street and along the length of the driveway to the garage front. This defines two sides of the triangle. The third line is a line connecting the end points of the two sides described above. ~ The side street shall be designated as a collector street in the Comprehensive Plan. ~ A 6 foot fence shall be located behind the rear corner of the principal building or detached accessory structure along the front lot line abutting the collector street. ~ A 6 foot fence shall maintain a 10 foot setback along the collector street in front of the rear corner of the principal structure or detached accessory structure. ~ The fence shall maintain a 1 foot setback from a trail or sidewalk. (8) A zoning permit shall be obtained prior to the installation of a fence not exceeding 6 feet in height. A site plan showing the location of the fence in relation to the property lines shall be submitted with the permit application. A building permit shall be required for a fence exceeding 6 feet in height. This ordinance shall become effective from and after its passage and publication. R:\ORDI NANC\2004\04-09 .doc Passed by the City Council of the City of Prior Lake this 17th day of February, 2004. ATT'tJ City Man?#:- R:\ORDI NANC\2004\04-09 .doc rg:~ Mayor C 1'1' Y U ll' 1:'.tUU l{ LAK..!!; ORDINANCE NO. 04- 09 AN ORDINANCE AMENDING SECTION 1101.504 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 1101.504 ofthe Prior Lake City Code is hereby amended as follows: ~ Fences in Residential Use Districts may be permitted in required yards, subject to the following provisions: _ (1) The height of fences and walls permitted in required yards shall be limited. The height shall be measured from the ground level to the top of the fence or wall section. Fence posts may extend no more than 8 inches above the required height limitofafence. In the case where the fence section has variable heights, the height of the fence shall be the average height. Fence heights shall be limited as follows: . IT A fence or wall shall not exceed 6 feet in height if it is located in any side or rear yard. D A fence or wall may be located in a front yard if the fence or wall does not exceed 4 feet in height and 50 percent opacity. Fences in the front yard shall be limited to decorative fences, such as picket fences, split rail fences and decorative iron fences. Chain link fences are not permitted in the front yard. (amd.Ord. 00-07 - pub. 6/10/00) D A fence or wall shall not exceed 8 feet in height if the yard in which it is placed abuts State Highway 13 or County Roads 21, 42, 82 or 83. D A fence or wall exceeding 8 feet in height may be allowed ifplaced in any side or rear yard separating a commercial or industrial use from a residential use, a school, church or other public building. . D A fence or wall may exceed 6 feet in height in any side or rear yard when it is installed as part of a bufferyard, but may not exceed 8 feet in height. D A fence or wall in one front yard of any through lot may be at the height permitted in a rear yard if it complies with all of the provisions of subsection 1101.506, is used as a rear yard, and the fenced yard used as the rear yard does not adjoin a yard used as a front yard. (2) Where a fence or wall 6 feet in height or less is used as part of an animal kennel or run, it may not be located in any required side or front yard, and it shall1?e located at least 10 feet from any rear lot line. (3) Temporary snow fences shall be permitted in any yard from No~~~J\R\Ws..1~ _~'> 'J:-car-. corner of the principal structure, o,r tt'. detached accessory structure. D The fence shall maintain a , lfoot setback from a trail or sidewalk. ~ (8) A zoning permit shall be obtained prior to the installation of a tl. fence not exceeding 6 feet in height. A site plan showing the location of the I fence in relation to the property lines l shall be submitted with the permit: application. A building permit shalll be reqtf:jf~~::J' ee exceeding 6 . f~~t in height. \ '~:-4rrlinancel, shall become t effective from an after its passage and publication. : Passed by the City Council of the . City of Prior Lake this 17th day of February, 2004. ATTEST: Frank Boyles, Jack, G. Haugen City Manager Mayor (Published. in the Prior Lake American on Saturday, February 28, 2~9.~:..~~' 2~Q~__,_, ___ __ _ Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full know ledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 33lA.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 19"t> ~ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: Subscribed and sworn before me on Uris ~y Of,~OO4 ~Jlrt~j (/ GWEN M. RADUENZ I NOTARY PUBLIC MINNESOTA _ My Commission E.'(~ires Jal'l. 31, 2005 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter................................. $22.00 per column inch Rate actually charged for the above matter.............................................. $10.85 per column inch