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Public notices, May 3, 2013

May 3, 2013
The Journal

PUBLISH

(May 3 2013)

ORDINANCE

NO. 13 -111,

FOURTH SERIES

CITY OF NEW ULM,

BROWN COUNTY,

MINNESOTA

AN ORDINANCE

AMENDING SEC-

TIONS 9.03 AND 9.

14 OF THE CITY

CODE OF THE CITY

OF NEW ULM RELA-

TIVE TO FENCE RE-

GULATIONS.

BE IT ORDAINED BY

THE CITY COUNCIL

OF THE CITY OF

NEW ULM:

SECTION I. That Sub-

division 68 of Section

9.03 of the City Code

of the City of New

Ulm is hereby amend-

ed to read as follows:

Subd. 68. The term

"fence" means a bar-

rier enclosing or bord-

ering a parcel of real

property or any portion

thereof, made of vege-

tation, wood, stone,

masonry, metal, or

synthetic materials.

The term "hedge" is in-

cluded within the de-

finition of "fence ".

SECTION II. That

Subdivision 69 of Sec-

tion 9.03 of the City

Code of the City of

New Ulm is hereby

amended to read as

follows:

Subd. 69. The term "

hedge" means a boun-

dary formed by a row

or series of shrubs,

bushes, trees, or other

vegetation that en-

closes, divides, or pro-

tects an area or that

prevents a person

from passing between

any combination of in-

dividual shrubs,

bushes, trees, or other

vegetation.

SECTION III. That

Subdivision 6 of Sec-

tion 9.14 of the City

Code of the City of

New Ulm is hereby

amended to read as

follows:

Subd. 6. Fence regu-

lations.

A. Purpose. The pur-

pose of this subdivi-

sion is to regulate the

materials, location,

height, and mainte-

nance of fences to en-

sure a compatible rela-

tionship between abut-

ting properties and the

community at large,

and to safeguard pub-

lic health, safety, and

welfare.

B. Applicability.

1. In general. Unless

exempted in accor-

dance with subpara-

graph 2 below, the pro-

visions of this subdivi-

sion shall apply to the

construction, recon-

struction, or replace-

ment of all fences lo-

cated within the City.

2. Exemptions. The

following are exempted

from the requirements

of this subdivision:

a. Fences constructed

before January 1,

1997. A nonconforming

fence that existed as

of January 1, 1997,

may be continued, in-

cluding through repair,

replacement, restora-

tion, maintenance, or

improvement, but not

including expansion,

and shall be subject to

the conditions and pro-

visions of Minnesota

Statutes 462.357, sub-

division 1e.

b. Fences that are lo-

cated entirely outside

of a set back area.

c. Fences that are

less than 30 inches in

height and less than

20 feet in length.

d. Fences that are a

part of a permitted

tennis court, athletic

field or other recrea-

tional facility and do

not exceed 96 inches

in height.

e. Temporary fencing:

i Established around

construction sites,

demolitions or other

site conditions unsafe

for pedestrians or vehi-

cles, provided it is

consistent with the

building code.

ii. To protect existing

trees, limit sedimenta-

tion or control erosion.

f. Within the R-A (Agri-

cultural Residence

District) zoning district

only, fences that are

90 percent open (barb

wire, chain link, woven

wire and other similar

type fences) and are

used to contain non -

domestic animals.

C. Permit required.

1. A Fence Permit is-

sued by the City is re-

quired prior to erection,

construction, or re-

placement of any

fence, other than a

fence exempted in

paragraph B (2) above.

2. An application for a

Fence Permit:

a. Shall be accom-

panied by a site plan

providing lot dimen-

sions, the location of

existing buildings,

structures, and ease-

ments on the lot, and

the location of the pro-

posed fence.

b. Shall be prepared

and submitted to the

City on such forms as

the City may

prescribe, and shall be

accompanied by the

fee for such permit as

established by ordi-

nance or resolution of

the City Council.

D. General fence re-

quirements.

1. Materials. All fences

shall be constructed,

maintained, and

repaired in a profes-

sional manner and of

substantial materials

reasonably suitable for

the purpose for which

the fence is intended.

The materials and

design shall be compa-

tible with other struc-

tures in the area in

which the fence is lo-

cated. Property own-

ers shall maintain

fences regularly and

shall not allow a fence

to become or remain in

a condition of

disrepair, or to consti-

tute a nuisance.

2. Location.

a. The owner of pro-

perty upon which any

fence is proposed to

be erected shall be so-

ley responsible for:

i Determining the loca-

tion of property lines

and property corner lo-

cations.

ii. Conformance of the

proposed fence with

the terms of this sub-

division.

b. Prior to the is-

suance of a Fence

Permit, the City may

require that the appli-

cant secure a survey

by a registered land

surveyor of the proper-

ty upon which the

fence is to be erected,

such survey to be paid

for by the applicant.

Such a survey shall be

required if the fence is

proposed to be located

within 12 inches of an

adjoining property or

right -of -way. Provid-

ed, however, that no

such survey shall be

required if the owners

of the property upon

which such fence is to

be located and the

owners of the adjoining

property or right -of

-way have entered into

a written agreement

approving the pro-

posed location of the

fence, and such agree-

ment has been record-

ed in the office of the

Brown County Record-

er.

3. No fence shall be

installed so as to block

or divert a natural

drainage flow onto or

off of any other land.

4. Fences within areas

in which the City holds

an easement are sub-

ject to removal without

compensation to the

property owner if the

City determines that

access to the area is

needed for any pur-

pose for which the

easement was granted

or reserved.

5. Chain link fences

must have a top rail,

and barbed ends must

be placed at the bot-

tom of the fence.

6. The finished side of

all fences shall face

the adjoining property

or right -of -way.

7. Electric, barbed

wire, special purpose

fences, and fences

taller than the height

limitations established

in this subdivision shall

be permitted only with

a Conditional Use Per-

mit.

8. In all cases, heights

are measured from the

finished grade of the

proposed location of

the fence at each post

point.

E. Requirements for

fences by zoning

district type.

1. All zoning districts.

a. A fence not exceed-

ing 48 inches in height

may be located within

a front yard set back

area subject to the fol-

lowing:

i. A fence located

within a front yard area

of a corner lot shall not

exceed 24 inches in

height within a triangle

formed by the two side

lines of the two inter-

secting streets at the

face of the curb and a

third line crossing the

first two at points 40

feet from their inter-

section. This require-

ment shall not apply to

a split rail fence.

ii. A fence with less

than 50 percent tran-

sparency that is locat-

ed within a front yard

setback area shall not

be located within 25

feet, when measured

at right angles, of a

parallel, or substantial-

ly parallel, public right

-of -way or private

driveway.

iii. A fence with tran-

sparency of 50 percent

or more may be locat-

ed in a front yard set-

back area subject to

other requirements in

this subdivision.

iv. A diagonal fence

within a front yard set-

back area which does

not obstruct the sight

lines provided for in

this subdivision shall

be permitted.

v. Subject to the other

restrictions of this sub-

division, a fence may

be located within a

public right -of -way

adjoining a front yard

area, so long as such

fence is not closer

than 12 inches to the

edge of any sidewalk

within such right -of

-way closest to the

property. This provi-

sion shall apply only to

properties adjoining a

right -of -way upon

which is located a

sidewalk on the side of

the right -of -way

closest to the proper-

ty. Not withstanding

the foregoing, a fence

not exceeding 96

inches in height may

be located in a front,

side, or rear yard of

major utilities, wireless

communications

towers, government

facilities, and other

public safety uses.

b. No fence in a rear

yard area shall be lo-

cated closer than 5

feet to an alley right

-of -way.

2. Residential districts.

a. A fence located

within a side or rear

yard setback area may

not exceed 78 inches

in height.

b. A fence within a

side or rear yard set-

back area may not

exceed 48 inches in

height if:

i. It is located closer

than 3 feet to an exist-

ing permanent dwelling

structure on an adjoin-

ing lot; and

ii. The fence will be

constructed parallel to,

or substantially parallel

to, the property line.

This provision shall not

apply to a fence to be

constructed perpendic-

ular to, or substantially

perpendicular to, the

property line.

c. Not withstanding

the above provisions,

a fence not exceeding

96 inches in height

may be located along

a property line directly

abutting a commercial

or industrial use or

zoning district, but not

in a front yard setback

area.

d. Temporary plastic

fencing (i.e., snow

fencing) is prohibited

on residentially zoned

lots between April 1

and October 31 of

each year.

3. Business districts.

a. A fence located

within a side or rear

yard setback area may

not exceed 78 inches

in height.

4. Industrial districts.

a. A fence not exceed-

ing 96 inches in height

may be located in the

rear yard area and in

the side yard setback

area, so long as such

fence does not extend

further toward the front

yard area than the ma-

jority of the building

front located on such

property.

F. Public health and

safety. Not withstand-

ing any other provision

in this subdivision,

upon a determination

by the Safety Com-

mission that a fence

constitutes a potential

threat to public health

or safety, and after no-

tice to and opportunity

for the owner of pro-

perty upon which such

fence is located to be

heard, the City Council

may order there remo-

val of such fence at

the expense of the

property owner. Such

a determination and

order may be made

without regard to

whether the fence was

in existence prior to

January 1, 1997.

SECTION IV. That

this ordinance shall

take effect and shall

be in force 30 days

from and after its

adoption, approval,

and publication.

Adopted by the City

Council of the City of

New Ulm this 16th day

of April, 2013.

Charles Schmitz

President of the City

Council

Attest:

Reginald K. Vorwerk

Finance Director

Approved by the May-

or of the City of New

Ulm this 16th day of

April, 2013.

Robert J. Beussman

Mayor

 
 
 

 

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