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ORD 408 Driveway Gates CUPCity of Mendota Heights Dakota County, Minnesota Ordinance No. 408 AN ORDINACE AMENDING SECTION 12 -1 OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR THE REGULATION AND CONSTRUCTION OF DRIVEWAY GATES BY CONDITIONAL USE PERMIT. The City Council of the City of Mendota Heights hereby ordains: Section 12 -1D -6 B.1. is hereby amended by adding the following: d. Gates. Where a gate is proposed to obstruct access to a driveway in a yard abutting a street or other public right of way, such gate shall require the approval of a Conditional Use Permit, subject to compliance with the following conditions: i. The applicant shall show that the gate is needed to mitigate an unsafe condition related to visibility of the driveway and gate area from the principal building, intersection of the driveway with the public street, or other unsafe condition as approved by the City. ii. All plans and specifications for the proposed gate shall be reviewed, and approved, by the police and fire departments prior to installation. iii. No gate shall be closer than twenty five feet (25') from the paved edge of the street. iv. Gates shall not exceed sixty inches (60 ") in height. V. The gate shall be able to be opened in the event of a power failure. vi. All gates must be equipped with an override to any latch or electronic closure to ensure access by police and fire personnel at all times. The override mechanism must be properly functioning and shall not be disabled by the property owner. vii. Gates shall be considered fences for the purposes of this ordinance, requiring a building permit, and subject to all other applicable fence regulations, including, but not limited to, building materials. viii. Any gate which does not meet the standards set forth in this Section, or which is determined by the police or fire department or a code enforcement officer to not be properly functioning or properly maintained, shall be immediately repaired or removed upon notice to the property owner. For purposes of this Section, the police or fire department or code enforcement officer may determine that a gate is not being properly maintained if the gate is rusted or deteriorated or if the condition of the gate poses a threat to health, safety or welfare in any manner. Enacted and Ordained into Ordinance this 2 day of May, 2006. CITY COUNCIL, CITY OF MENDOTA HEIGHTS By: "Jffig ,ayor - ATTEST: By: 4;�g' 'q Ka&een M. Swanson, City Clerk 2706013v2