A. Authority: Authorization for this section is contained in Montana Code Annotated section 76-2-301 et seq. (also known as "Municipal Zoning").
B. General Purpose:
1. The purpose of this section is to secure a more uniform standard concerning fences, retaining walls, and any other perimeter structures and to regulate and restrict the erection, construction, reconstruction, alteration and repair and use of any such fences, retaining walls, and other perimeter structures.
2. Furthermore, this section shall declare any such fence, retaining wall or perimeter structure which exceeds the standards set forth herein as a public nuisance and as a violation of public safety concerning use of the city streets and sidewalks.
C. Jurisdictional Area: The jurisdictional area of this section shall include all of the land lying within the corporate limits of the city, and such additional areas as may from time to time be brought into the city.
D. Requirements And Restrictions:
1. Hedges may be taller than a height of six (6) feet but sight obstructing fences or retaining walls of a maximum height of six feet (6') may be placed bordering upon or adjacent to the interior side property line from a setback distance of twenty feet (20') from the front property line to a point on the interior side line which intersects with a linear extension of the rear wall of the dwelling located on said lot. The maximum height of such fences, hedges, or retaining walls within the setback distance shall be four feet (4'). The street curbline elevation shall be used as the point for determining the height of any fence, hedge, retaining wall, structure, or any combination thereof. Any such fences, retaining walls, or hedges may be placed along the portion of the lot adjacent to a street or avenue upon or adjacent to a line which is parallel to and set back the minimum distance of thirteen feet (13') from the curbline or street or three feet (3') off of the street right of way.
2. Nonsight obstructing fences, hedges, retaining walls, structures or any combination thereof shall have a maximum height restriction of six feet (6') when using the curbline for a reference and set back the minimum distance of thirteen feet (13') from the curbline or street or three feet (3') off of the street right of way, excepting only fences which may be placed on the property line or only ten feet (10') from the curbline. Once constructed, repaired, altered or modified in any manner to meet the requirements of a nonsight obstructing fence, hedge, retaining wall, structure or combination thereof, any addition of sight obstructing wind screen material shall require the property owner to comply with the requirements and restrictions of a sight obstructing fence, hedge, retaining wall, structure or combination thereof as hereinabove set forth in subsection D1 of this section.
3. Corner lots shall have a maximum height restriction for sight obstructing fences, hedges, retaining walls, structures or combination thereof of four feet (4'), and five feet (5') for any such nonsight obstructing fence, retaining wall, hedge, structure or combination thereof. All such shall be set back the minimum distance of thirteen feet (13') from the curbline or street or three feet (3') off of the street right of way.
4. Sight obstructing fences, retaining walls, hedges, structures or any combination thereof which are a maximum of three feet (3') high, and nonsight obstructing fences, hedges, retaining walls, structures or any combination thereof which are a maximum of four feet six inches (4'6") high, where nails and posts constitute not more than one-third (1/3) of the fence area placed along the portion of the lot adjacent to a street or avenue, may be placed upon or adjacent to a line which is parallel to the street or avenue boundary line bordering upon such lot, or such fences, hedges, retaining walls, structures or combination thereof may be placed bordering upon or adjacent to a line which is parallel to and set back a minimum distance of five feet (5') from the curbline of the street or avenue bordering upon such lot where this placement will not violate an already established fencing pattern in the block in which such lot is located.
5. Finally, for purposes of enforcing this section prospectively, it shall be required of the lot owners to apply for and get a building permit from the city building inspector, the city superintendent or designated person when installing any new fence, retaining wall, hedge, structure or any combination thereof. This shall include those instances when the lot owner is removing any old fence, hedge, retaining wall, structure or combination thereof with the intent to build new thereafter. Mere repair of any fence, hedge, retaining wall, structure or combination thereof which does not alter the dimensions as such presently exist or materially change said fence, retaining wall, hedge, structure or any combination thereof as to being sight or nonsight obstructing shall not require a building permit.
E. Violations: Any violation of this section shall be a violation of this title, and may be punished as provided in section 11-2-8 of this title. (Ord. 16.01, 8-11-1998; amd. Ord. 2.32; Ord. 16.00, 10-15-2018)