Ordinance Corner: Observer notes the "Stillwater Fence Ordinance Alternative"

(Ed. note: The Observer has noted the reticence of the august body of Planning to offer alternative versions of ordinances coming before them and indeed the intense aversion of staff to any revision offered in case it might hint of weakness. Hence, the Observer humbly offers the fence ordinance of Stillwater, Mn. as a alternative to provide for a little discussion. Enjoy.)

Here is the fence ordinance of Stillwater, Mn.

Fence Permit Information
--------------------------------------------------------------------------------

If you have questions on fences or the fence permit, please contact Mike Pogge, City Planner at 651-430-8822, Fax: 651-430-8810The following is an excerpt from the City Code relating to Fence/Fence Permits.

a. Purpose. The purpose of this subsection is to provide for the regulation of fences in the city, to prevent fences being erected that would be a hazard to the public, or an unreasonable interference with the uses and enjoyment of neighboring property and are compatible with existing uses, other zoning restrictions and drainageways.

b. Definitions. For the purpose of this subdivision, the following definitions shall apply:
Fences means any linear structure used to prevent access by persons or animals or prevent visual or sound transference.

c. Permit required. No fence shall be erected without first obtaining a fence permit. Application shall be made to the community development director along with a fence permit fee in the amount of $25.00. The community development director is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this subdivision. The city council shall hear and decide appeals when it is alleged that the community development director was in error. The appeals shall be taken as prescribed in subdivision 29 of this section.

d. In yards. Fences may be permitted in all yards, subject to the following:
1. Fences in excess of six feet above the ground grade are prohibited in residential districts. (Ord. No. 917, § 1a, 2-5-02)
2. The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property.
3. No fence shall be permitted on public rights-of-way.
4. No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic, subject to the provisions of section 24(4) that would control where inconsistent with this provision. (Ord. No. 917, § 1c, 2-5-02)
5. In residential districts fences are limited to a height of 42 inches in the front yard and exterior side yard setback areas. (Ord. No. 815, 8-1-95; Ord. No. 917, § 1d, 2-5-02)
6. No fence shall be erected where it will impede a drainageway or drainage easement.
7. No fence shall be erected before all lots within a drainage system or platted block have had the final grade established and approved and all lots within the system or platted block have had turf established with grass seed or sod.
e. Along property lines. Fences may be permitted along property lines subject to the following:
1. Fences in residential districts may be placed on the lot line provided that the footings are within the fence owner's property.(Ord. No. 917, § 1e, 2-5-02)
2. Fences in commercial or industrial districts may be erected on the lot line to the height of six feet; to a height of eight feet with a security arm for barbed wire.
f. Existing. No existing fence in violation of this section will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulations of subsection (1)p of this subdivision.

g. Impeding drainageways and easements. No fence shall be erected where it will impede a drainageway or drainage easement.

h. Violations. Violations of subsection (1)p of this subdivision may be enforced by injunction, and the city shall be entitled to the remedy of abatement in order that a fence erected in violation of subsection (1)p of this subdivision may be removed.

Fence Permit Application
Fence Regulations Ordinance.pdf






Things I noted:

Fences can come to the lot line: To require an offset constitutes a "taking" and is theft--whether it is by a governmental body or by a person.

Non conforming existing fences cannot be replaced ---says nothing on sale.

Not the city clerk but the "Community Development director" approves the fences--

They also have the "rib in" requirement". I object to this. I think this "aesthetic" is similar to one preferring a martini "shaken not stirred." Just because Mr. James Bond prefers this does not mean that a martini straight up is not still a wonderful choice.