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ORD 365 Amend Zoning FencesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NUMBER 365 AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota Heights does hereby ordain as follows: SECTION I Municipal Ordinance No. 401, commonly known as the City Zoning Ordinance, is hereby amended to read as follows: 4.8(1)c Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. The requirement for maintenance shall be an ongoing obligation of the fence owner, and shall include painting or similar treatment to resist weathering, repair and/or replacement of materials, and any other activity necessary to ensure that the fence continues to look as attractive as at the time of its construction. Any fence which is in violation of this Ordinance, or has become dangerous to the public safety, health or welfare is a public nuisance and the Code Enforcement Officer shall commence proper proceedings for the abatement thereof. 4.8(1)d All fences leGated in front yards shall be constructed in such a manner that no less than thirty percent (30%) of the plane between the ground and the top of the fence is open. 4.8(1)g Fence height shall be measured at a point six inches (6") below the top of the supporting posts or- the top of the- materia4 -etween the supperting pests, whiGhever is hi . No fence or material between posts shall be permitted to be greater in height than the highest post on either side of said fence material. 4.8(2)f Notwithstanding the other requirements of Section 4.8(1) or 4.8(2) to the contrary, fences greater than thirty six (36) inches in height but no greater than six (6) feet in height and no less than thirty percent (30%) open may be allowed to encroach into rear yards of comer and through lots or side yards of comer lots by Conditional Use Permit when said yard abuts a public street; provided, however, that in no event shall such fence be allowed to be constructed on a public easement for street, utility, or drainage purposes. SECTION 2 This Ordinance shall be in full force and effect from after its publication according to law. Enacted and Ordained into Ordinance this 4th day of December, 2001. ATTEST: B y Kat&M Swanson, �City Clerk CITY COUNCIL, CITY OF MENDOTA HEIGHTS By A"A -g- Charles E. Mertensotto, Mayor