[12-15-2020 by Ord. No. 748; 7-16- 2024 by Ord. No. 813]
Except as otherwise provided herein, all fences and walls, referred to as structures, within the City shall be subject to the following general provisions:
A. 
Permit Required.
1. 
Building Permit. Prior to the construction and/or installation of a fence over six feet in height and/or retaining wall over four feet in height, an application for a building permit shall be obtained from the City and shall specify the intended location, character, and size of such fence or wall.
2. 
Zoning Permit. For all other fences and retaining walls, not meeting the requirements for a building permit, a zoning permit must be obtained prior to construction on the property.
B. 
Maintenance. All fences and retaining walls shall be properly maintained, so as not to become unsightly, hazardous, or constitute a nuisance. Damaged and destroyed fences and retaining walls shall be removed and replaced within 30 days upon written notice from the Community Development Director or his/her designee. All structures shall be maintained at the property owner's expense. The persons, firms, corporations, or individuals constructing or causing the construction of such structures shall be responsible for maintaining that part of the property between the structure and the property line.
C. 
Location. No structure can be located on the property line unless the property owner has received written permission from the neighbor and is assuming the risk of being required to move such structure or fence at the request of the neighbor. Without written permission, all structures must be located on the property of the applicant. No structure may be placed within a drainage and utility easement unless permitted by the City through an approved permit. All structures must be located a minimum of five feet from the City's infrastructure (i.e., stormwater or storm sewer pipe). No structure shall impede the flow of stormwater.
D. 
Installation.
1. 
The side of any fence or wall considered to be its "face" (finished side with no structural supports) shall face either the abutting property or the street right-of-way.
2. 
Upon installation of the structure, no physical damage shall occur to the abutting property owner unless it has been permitted under written agreement with the adjacent property owner.
E. 
Property Owner Responsibility.
1. 
Any structure located within a drainage and utility easement shall be removed upon request of the City and at the expense of the property/structure owner. The property owner shall incur all costs if structure is required to be moved.
2. 
Any structure located on the property line shall be the responsibility of the property owner who constructed the structure and all successors in interest.
3. 
Any disputes regarding location of the structure at time of installation or after is between property owners and is a civil matter. The owner of the structure shall incur all costs if structure is required to be moved.
4. 
For all permits regulated by this section, a Waiver of Liability is required to be signed by the property owner installing the structure, declaring responsibility, to include all successors in interest.
[11-19-2012 by Ord. No. 567; 5-19-2015 by Ord. No.608; 9-15-2015 by Ord. No. 623; 6-21-2016 by Ord. No. 647; 12-15-2020 by Ord. No. 748; 7-16- 2024 by Ord. No. 813]
The following regulations shall apply to all residential properties located within the City.
A. 
Maximum Height. Fences shall be no higher than three feet when extended past the front corner of the home or garage of the principal structure. Fences shall be no higher than six feet in the rear and side yards and shall not extend past the front corner of the principal structure. Fence height shall be measured from the finished grade level.
FIGURE 12: Fence Location
Note: Drawing has been provided to show the limitations on the location of a six-foot fence, in reference to the principal structure on an interior lot only. Corner lots must meet the requirements as provided within the text of this chapter.
B. 
Exceptions. The following exceptions apply to residential fences.
1. 
On corner lots, the street side setback may match the setback of the prevailing fence line of the corner lot immediately abutting such property. However, at no time shall the fence be within the right-of-way or the vision clearance triangle, as shown within Article 4 of this chapter. Such fence location shall be subject to approval by the Community Development Director or his/her designee.
2. 
On corner lots and through lots, a four-foot chain-link fence that is less than 10% opaque or 90% transparent may be placed along the secondary street frontage.
3. 
Fences permitted past the front corner of the principal structure shall meet the height requirements as specified within this section. Chain-link fences shall not be permitted within the front yard. A decorative fence is the only type of fence permitted past the front corner of the principal structure and shall have an opaqueness of no greater than 50%.
4. 
Screening fences, as required by Chapter 227, Article II of the City Code of the City of Isanti; for screening of stored recreational vehicles within the side or rear yard shall meet one of the following acceptable screening options:
a. 
A fencing screen per AA 350-15-4A and shall obscure from view at ground level any neighboring property or public street by at least 80% of the area.
b. 
Installation of a planting screen. Where natural materials, such as trees or hedges are approved in lieu of required screening by means of walls or fences, density and species of planting shall be such to achieve 80% opaqueness year-round from view at ground level at any neighboring property or public street.
(i) 
Acceptable plantings include arborvitae, upright juniper, upright yew, fountain hemlock, or other species approved by the Community Development Director or his/her designee.
(ii) 
Plants shall be 4' to 5' in height when purchases for installation.
(iii) 
Plantings must be spaced within half the plants spread at maturity.
(iv) 
Plant material centers shall not be located closer than three feet from a side or rear property line or 12 feet from a front property line and shall not be planted to conflict with public plantings, drainage and utility easements, sidewalks, trails, fences, parking areas, and driveways based on the judgement of the Zoning Administrator.
(v) 
All planting screens shall be reviewed and approved by the Community Development Director or his/her designee.
(vi) 
Planting screens shall be maintained in a healthy condition. Dead material shall be removed and replaced within 30 days upon written notice of the Community Development Director or his/her designee.
FIGURE 13: Fence Opacity
C. 
Prohibited Materials. Fences shall not be constructed from chicken wire, welded wire, snow fence, branches, or materials originally intended for other purposes. Electric fencing and metal sheeting are also prohibited materials.
D. 
Setbacks.
1. 
On corner lots or lots adjacent to railroad right-of-ways, streets or public roads, no fence shall be located in the vision clearance triangle, as shown within Article 4 of this chapter.
2. 
Privacy fences shall be setback a minimum of two feet from any street right-of-way.
3. 
Fences shall be located on the property of the owner. All posts and framework shall be placed within the property lines of the fence owner.
a. 
If the property owner constructing the fence prefers to install the fence on the property line, or as a connection to an adjacent property owner's existing fence, it is the new fence owner's responsibility to work with their neighbors to obtain a written agreement prior to installation and maintain for their records.
b. 
Disputes regarding the location of a property line or location of a fence constructed in relation to a property line are a civil matter whether a fence has been permitted or not. The City of Isanti will not be held responsible.
4. 
No fence shall enclose a water shutoff valve to the interior. A 12-inch minimum separation between the fence and the water shutoff valve must be maintained.
5. 
Approved fence permits allowing the location within a storm pond drainage easement must provide sufficient ground clearance for the free flow of water or be made of chain-link material.
6. 
Requests for fence placement within storm pond drainage easements shall be reviewed and approved by Public Services Director and/or The City Engineer.
[5-17-2016 by Ord. No. 644; 7-7-2020 by Ord. No. 735; 3-6-2024 by Ord. No. 808]
A. 
Security Fences. Commercial properties located in the B-1, B-2, B-3, CBT-1, CBT-2 zoning districts may construct security fences up to six feet in height. Fences in excess of six feet shall require a conditional use permit. Properties located in the I-1 Industrial Park District may construct security fences up to 10 feet in height. Fences in excess of 10 feet shall require a conditional use permit.
B. 
Barbed-wire fencing is permitted in Industrial Districts only. Barbed wire security arms shall be constructed at a minimum of six feet in height. The security arm shall be angled in such a manner that it does not overhang any lot lines.
C. 
Prohibited Materials. Fences shall not be constructed from chicken wire, welded wire, snow fence, branches, or materials originally intended for other purposes. Electric fencing and metal sheeting are also prohibited materials. Barbed-wire fencing is prohibited in all non-industrial districts.
D. 
Setbacks.
1. 
On corner lots or lots adjacent to railroad right-of-ways, streets or public roads, no fence shall be located in the vision clearance triangle, as shown within Article 4 of this chapter.
2. 
Privacy fences shall be setback a minimum of two feet from any sidewalk.
3. 
Fences shall be located on the property of the owner. All posts and framework shall be placed within the property lines of the fence owner.
a. 
If the property owner constructing the fence prefers to install the fence on the property line, or as a connection to an adjacent property owner's existing fence, it is the new fence owner's responsibility to work with their neighbors to obtain a written agreement prior to installation and maintain for their records.
b. 
Disputes regarding the location of a property line or location of a fence constructed in relation to a property line are a civil matter whether a fence has been permitted or not. The City of Isanti will not be held responsible.
4. 
No fence shall enclose a water shutoff valve to the interior. A 12-inch minimum separation between the fence and the water shutoff valve must be maintained.
5. 
Approved fence permit allowing the location within a storm pond drainage easement must provide sufficient ground clearance for the free flow of water or be made of chain-link material.
6. 
Fences located within storm pond drainage easements shall be reviewed by Public Works and/or The City Engineer.
[12-15-2020 by Ord. No. 748]
All commercial and industrial uses and transitional lot areas as stipulated within this chapter that are required to provide screening shall do so through the use of one of the following, subject to recommendation by the Planning Commission and approval by the City Council.
A. 
Screening Fence and walls.
1. 
Screening fences on properties located in the B-1, B-2, B-3, RC, CBT-1, and CBT-2 zoning districts shall be a maximum of six feet in height with a minimum opaqueness of 80%. Screening height shall be measured from the finished grade level.
2. 
Screening fences on properties located in the I-1 Industrial Park District shall be a maximum of 10 feet in height with a minimum opaqueness of 80%. Screening height shall be measured form the finished grade level.
3. 
Screening fences shall be constructed of masonry, brick, wood, chain-link or steel and shall be compatible with the principal building on the site and with the surrounding properties.
4. 
Screening fences or screening walls shall be setback five feet from the property line.
5. 
If the property is not adjacent to a street right-of-way, screening may be placed along the property line, providing mutual written consent has been granted by the abutting property owners and filed along with a copy of the certificate of survey to the City prior to construction.
6. 
A combination of coniferous and deciduous trees may be planted to soften the appearance of the fence or wall from adjacent properties or the public street.
B. 
Planting Screens.
1. 
Planting screens shall consist of a row of alternating evergreen and deciduous trees and shrubs. The species and size shall be in accordance with Subdivision 6, of this section.
2. 
The trees shall be placed in such proximity as to form a screen.
3. 
Planting screens shall be maintained in a healthy condition. Dead material shall be removed and replaced within 30 days upon written notice of the Community Development Director or his/her designee.
Retaining walls exceeding four feet in height, including staged walls which cumulatively exceed four feet in height, must be constructed in accordance with plans prepared by a registered engineer or landscape architect. Building permits for construction of a retaining wall over four feet are required. Construction of retaining walls under four feet in height require a zoning permit. All retaining walls must be installed according to manufacturer's specifications.
A. 
Setbacks.
1. 
Retaining walls shall be setback a minimum of five feet from any street right-of-way.
2. 
Retaining walls shall be located on the property of the owner.
3. 
No retaining wall shall enclose a water shutoff valve to the interior. A 12-inch minimum separation between the landscaping structure and the water shutoff valve must be maintained.
4. 
No retaining walls shall be permitted within a stormwater flow path or within storm pond drainage easements.
[10-18-2022 by Ord. No. 775; 11-8- 2023 by Ord. No. 798]
A. 
Purpose. The purpose of this Subdivision is to provide specifications, that will guide landscaping within residential, commercial, mixed-use, and industrial districts; will provide buffering between different and more intense land uses; will ensure that native trees and vegetation are preserved and replenished; will aid in the stabilization of the environment's ecological balance by reducing stormwater runoff and improving surface water quality; and will enhance the overall beauty and appearance of the City.
B. 
General Requirements.
1. 
City Tree lists. The following trees may be used to meet planting and landscaping requirements. If other tree varieties are desired, they shall be approved by City Staff.
Table 4: Primary and Secondary Deciduous Tree List
Common Names
Primary Deciduous Trees
Acer freemanii
Autumn Blaze (Red Maple x Silver Maple)
Acer platonoides (various species)
Norway Maples - Cleveland, Columnar, Crimson King, Emeral Lustre, Emerald Queen, Schwedler, etc.
Acer rubrum
Red Maple
Acer saccharum
Sugar Maple or Hard Maple
Betula nigra
River Birch
Carya ovate
Shagbark Hickory
Celtis occidentalis
Hackberry
Quercus alba
Oak, White
Quercus coceinea
Scarlet Oak
Quercus macrocarpa
Oak, Bur
Tilia Americana
American Linden (aka-Basswood)
Tilia cordata
Littleleaf Linden or Greenspire Linden
Secondary Deciduous Trees
Acer pseudoplatanus
Sycamore Maple
Aesculus hippocastanum
Horse Chestnut
Aesculus octandra
Yellow Buckeye
Aralia elata
Japanese Angelica Tree
Betula alleghanie
Yellow Birch
Betula lenta
Sweet or Black Birch
Carpinus betula
European Hornbeam
Carya cordiformis
Bitternut Hickory
Corylus colurna
Turkish Filbert
Catalpa speciosa
Northern Catalpa
Fagus
Beech (both North American and European)
Ginkgo biloba
Ginkgo (only male trees permitted)
Gleditsia triacanthos inermis
Honeylocust, thornless or “Imperial” or “Skyline”
Gymnocladus dioicus
Kentucky Coffeetree
Junglans nigra
Black Walnut
Liriodendron tulipifera
Tuliptree (best grown w/sprinkler system)
Phellodendron amurense
Amur Corktree
Quercus rubra
Red Oak
Quercus palustris
Pin Oak
Tilia x euchlora
“Redmond” Linden
Tilia platyphyllos
Bigleaf Linden
Table 5: Ornamental Tree List
Ornamentals
Common Names
Acer ginnala
Maple, Amur
Acer tataricum
Tatarian Maple (similar to Amur Maple)
Amelanchier
Serviceberry or Juneberry
Carpinus caroliniana
American Hornbeam
Cornus alternifolia
Pagoda Dogwood
Crataegus spp.
Hawthorne “Winter King” or “Washington”
Maackia amurensis
Amur Maackia
Malus baccata columnaris
Crabapple, Columnar Siberian
Malus (various species)
Crabapple, flowering — Varieties; Dolgo, Flame, Radiant, Red, Silver, Red Splendor
Ostrya virginiana
Ironwood (aka — American Hophornbeam)
Prunus cerasifera
“Newport” Plum, Newport
Prunus maackii
Amur Chokecherry
Prunus triloba
Plum, flowering or Rose Tree of China
Prunus virginiana
“Schubert” Chokecherry, Schubert’s
Syringa reticulate
Japanese Tree Lilac
Table 6: Coniferous Tree List
Conifers
Common Names
Abies balsamea
Fir, Balsam
Abies concolor
Fir, Concolor
Larix laricina
Tamarack
Picea abies
Spruce, Norway
Picea glauca
Spruce, White
Picea glauca densata
Spruce, Black Hills
Picea pungens
Spruce, Colorado Green
Picea pungens
“Glauca” Spruce, Colorado Blue
Pinus nigra
Pine, Austrian
Pinus ponderosa
Pine, Ponderosa (may not be hardy)
Pinus resinosa
Pine, Norway (aka — Red Pine)
Pinus strobes
Pine, White
Pinus sylvestris
Pine, Scotch
Pseudotsuga menziesii
Fir, Douglas
Thuja occidentalis
Arborvitae
Thuja occidentalis
“Techny” Techny Arborvitae
Table 7: Permitted Trees Not Meeting Landscaping Requirements
Allowed — but not used to meet requirements
Acer saccaharinum
“Silver Queen” Maple, (still weak limbs/large roots)
Aesculus glabra
Ohio Buckeye (questionable — mildew, blight, leaf scorch all of which may disfigure)
Betula papyrifera
Birch, Paper (questionable - birch borer-understory)
Elaeagnus angustifolia
Russian Olive
Morus (Rubra and Alba)
Red and White Mulberry
Populus tremuloides
Quaking Aspen
Quercus bicolor
Oak, Bicolor (recategorized because it prefers clay soil)
Robinia pseudoacacia
Black Locust
Salix
Willow
Ulmus Americana
American Elm (recategorized — Dutch Elm Disease)
Rhus
Sumac
TABLE 8: Prohibited Trees
Not allowed to be planted within the City
Acer negundo
Boxelder
Betula pendula
“Dalecarlica” Birch (aka — cut leaf weeping)
Rhamnus
Buckthorn
Ulmus pumila
Siberian Elm
Populus
Poplar
Populus deltoids
Cottonwood
2. 
Underground sprinkler systems.
a. 
Sprinkler systems shall be provided as part of each new development for all landscaped areas, except those areas on the property that will be preserved in their natural state.
b. 
Single-family and two-family dwellings as well as additions to existing structures, in which the addition will not exceed the floor area of the existing structure, are exempt from this provision.
c. 
On all lots, the City may permit alternative landscaping options, which may not require an irrigation system. Such alternative options shall be reviewed by the Planning Commission. Alternative landscape options include, but are not limited to, rock gardens, natural prairie grass, and rain gardens.
3. 
Tree Preservation Requirements.
a. 
A reasonable attempt shall be made to preserve as many existing trees as practicable on a property.
b. 
Existing trees identified to be preserved shall be protected by orange snow fencing. The fencing shall be installed at the dripline and shall remain in place throughout the construction process, from excavation to the completion of the landscaping.
c. 
No construction materials or equipment shall be located within the fenced area. Grade changes within the fenced area are prohibited. Soil compaction in the critical root zone or damage to trunks or limbs shall be avoided.
C. 
Should the property owner, developer, or homeowner fail to install or maintain tree protection fencing, existing trees located on the property shall not be counted towards the landscaping requirements.
D. 
Residential Requirements. In addition to the general requirements noted, properties located within residential districts shall be subject to the following regulations.
1. 
Soil Requirements. A minimum of four inches of topsoil shall be provided upon all lots.
2. 
Turf Requirements. All areas disturbed by new construction or not covered by established lawn or turf shall be sodded. Those areas to be maintained as natural areas as provided for within a developer's agreement or any wetlands that may be located on the property are exempt from this provision.
3. 
Tree Requirements. The following quantity and type of trees are required, unless otherwise set forth in the development agreement or conditions thereof for the coinciding Planned Unit Development.
a. 
All residential properties shall provide a minimum of two trees.
b. 
Trees shall be of varying species and shall be in accordance with the City Tree Lists, as presented within the Section. Other types of trees not listed on the City Tree Lists may be permitted at the discretion of City Staff.
c. 
Deciduous trees shall be 2.5 inches in diameter at the trunk and Coniferous/Evergreen trees shall be six feet in height above the root ball at the time of installation.
4. 
Tree Location.
a. 
Each tree shall be planted a minimum of five feet from the public right-of-way.
b. 
All lots with more than 80 linear feet of road frontage shall provide a minimum of two trees in front of the primary structure. All residential properties with 79 feet of road frontage or less shall provide at least one tree in front of the primary structure.
c. 
For corner lots, trees may be planted along the secondary street frontage.
5. 
Maintenance of Landscaping.
a. 
The owner or tenant shall be responsible for the maintenance of landscaping provided on the parcel(s) in a condition presenting a healthy, neat, and orderly appearance, free from refuse and debris.
b. 
Trees and groundcover that are required by this chapter or by an approved site or landscape plan and which have died or have been removed shall be replaced within three months from receipt of notification by the City. The time for compliance may be extended to nine months, due to seasonal weather conditions.
6. 
Decorative Landscaping. This includes flower beds, rock gardens and any planting(s) or structures other than established turf.
a. 
Any planting or decorative items placed in any Right-of-way and/or easement is the responsibility of the property owner to maintain.
b. 
The City will not be held liable for any damage to any planting or decorative items placed in any Right-of-way and/or easement, all costs associated with any damage or loss of such decorative landscaping shall be the responsibility of the property owner.
c. 
The City may require resident to move landscaping due to unforeseen circumstances; if City must remove the property owner will incur all associated costs.
d. 
Natural prairie grass must follow the recommendations listed on the MN Board of Water and Soil Resources website for Pollinator Lawns and must be approved by City staff prior to planting.
E. 
Non-Residential Requirements. In addition to the general requirements noted, properties located within non-residential districts shall be subject to the following regulations.
1. 
Minimum Landscaping Requirements. All open areas of a lot which are not used or improved for required building areas, parking areas, building expansion areas, drives, sidewalks, storage, or similar hard surface materials shall be landscaped with a combination of sod, professional hydro-seeding, overstory trees, understory trees, shrubs, flowers, groundcover materials and/or other similar site design features or materials in a quantity acceptable to the City.
2. 
Parking Lot Landscaping.
a. 
All parking lots containing over 50 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the City.
b. 
Islands, which are necessary to promote the safe and efficient flow of traffic, shall be in addition to those required for parking lots with over 50 stalls and shall be required by the City when warranted.
c. 
Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break-up expanses of paved areas.
d. 
Parking lot landscape areas shall be provided with deciduous shade trees, ornamental trees, evergreen trees, groundcover, mulch and/or shrubbery as determined appropriate by the City Council. Parking lot landscaping shall be contained in planting beds bordered by raised concrete curbs. Alternative landscape options may include, but are not limited to natural prairie grass or rain gardens.
3. 
Maintenance of Landscaping. The owner, tenant, and their respective agents shall be responsible for the maintenance of all landscaping provided on the parcel(s) in a condition presenting a healthy, neat, and orderly appearance, free from refuse and debris. Plants and groundcover that are required by an approved site or landscape plan and which have died shall be replaced within three months from receipt of notification by the City. The time for compliance may be extended to nine months, due to seasonal weather conditions.
4. 
Soil Requirements. A minimum of four inches of topsoil shall be provided upon all lots.
5. 
Turf Requirements. All areas disturbed by new construction or not covered by established lawn or turf shall be sodded. Those areas to be maintained as natural areas as provided for within a developer's agreement or any wetlands that may be located on the property are exempt from this provision.
6. 
Tree Requirements.
a. 
Landscaping shall provide for an appropriate mix of plantings around the exterior footprint of all buildings. Landscaping shall improve the appearance of the structure and break up large unadorned building elevations. Plantings are not intended to obscure views of the building or accessory signage.
b. 
Where undeveloped or open areas of a site are located adjacent to a public right-of-way, the plan shall provide for deciduous trees. A minimum of one tree per 50 feet of street frontage is required. The City may approve an alternative if such alternative appears to meet the intent of this section.
c. 
In addition to deciduous and coniferous trees, shrubs, ornamental trees, perennials and annual flowers and bulbs as well as ornamental grasses and groundcover shall be used to compliment the landscape plan.
d. 
Deciduous trees shall be 2.5 inches in diameter at the trunk and Coniferous/Evergreen trees shall be six feet in height above the root ball at the time of installation.
e. 
Trees shall be of varying species and shall be in accordance with the City Tree Lists, as presented within the Section. If four or more trees are used, the trees shall be of at least three different species. If seven or more trees are planted, trees shall be of at least four different species. Other types of trees not listed on the City Tree Lists may be permitted at the discretion of City Staff.
F. 
Escrow Requirements.
1. 
The City of Isanti requires all required landscaping as defined in this chapter to be completed prior to the issuance of a Certificate of Occupancy. If a Certificate of Occupancy is requested prior to completion of required landscaping, a landscape escrow in the amount adopted per the City fee schedule is required.
2. 
The City will deposit the money into an escrow account and hold until such time that work is completed, or 12 months, whichever comes first.
3. 
The escrow account is established through a receipt of escrow in which the aforementioned terms are stated and acknowledged by the payee.
4. 
Upon completion of the required work, the payee is required to contact the City to schedule required inspections. Once the City has approved the topsoil and the trees/yard inspections, the Finance Department is notified to release the escrow back to the party that posted it originally.
5. 
Upon failure to comply to landscape requirements within six months of receipt of the escrow payment, the City will complete landscaping as required using escrow funds. Any expenses inquired to complete the required topsoil, trees, and turf over and above the withheld escrow will be the responsibility of the escrow account holder and billed accordingly.