The public works director, or a designated agent, is authorized to grant a fence encroachment permit to the owner of land abutting city right of way for a temporary revocable privilege to construct, install, and maintain a fence upon a portion of the public right of way that is not currently or prospectively used or needed in the near future for any public travel or public use. This fence encroachment permit shall be a revocable privilege and shall be in the form of a fence encroachment permit signed and acknowledged by the permittee whereby the permittee recognizes that the permit is revocable by the city at any time upon thirty (30) days' notice to the permittee and whereby the permittee recognizes that the city retains its right to use and to access the public right of way subject to the fence encroachment permit. The permittee must, as part of the fence encroachment permit application process, agree in covenant to remove the fence and restore the land to its former condition, at the permittee's expense, upon the receipt of such notice. Such fence encroachment permits shall be issued by the city, through the action of the public works director or a designee and shall be filed with the Fergus County clerk and recorder. A fence encroachment permit fee in the amount of fifty dollars ($50.00) to issue this agreement shall be paid by the property owner prior to receipt of the permit. (Ord. 1744A, 9-4-2012)
Applications for fence encroachments upon public right of way shall be reviewed by the planning department and a recommendation forwarded to public works. Prior to the issuance of a permit, the public works director shall review the application for conformity with this chapter, with applicable city codes as well as for potential hazards which may be created by granting the application. (Ord. 1744A, 9-4-2012)
Restrictions for fences allowed to encroach into the public right of way:
(A) No fence shall be constructed which will restrict visibility as described in section 11-4-3 of this code.
(B) No fence shall be allowed to encroach into Montana highway department right of way.
(C) In any public right of way where public sidewalks do not exist, no fence shall be installed closer than one foot (1') to the back of any future public sidewalk as determined by the public works director. In any public right of way where a public sidewalk conforming to all code requirements exists, the fence may be installed to the back of the sidewalk.
(D) Fences shall not exceed maximum height requirements as determined by zoning or other applicable city ordinance.
(E) Fences shall have posts not exceeding two and three-eighths inches (23/8") outside diameter for metal pipe or four inch (4") diameter for wooden posts. All fences shall be constructed in a manner and with materials that may be easily removed. No fences shall be constructed of stone, rock, masonry, any metal with pointed or projecting tops including T-posts, with cable, or chain.
(F) There shall be no shrubs, bushes, or hedges exceeding the height of the permitted fence in the public right of way, nor shall any such vegetation extend into the public right of way.
(G) All permitted fences constructed in the public right of way shall be properly maintained. Any permitted fence which is not maintained, becomes damaged, or otherwise is in disrepair for any reason is deemed a nuisance and such fence shall be immediately repaired/replaced within a time prescribed by the public works director or the permit may be revoked. (Ord. 1744A, 9-4-2012)
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