For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJACENT PROPERTY OWNER. Any person whose property is adjacent to or immediately across from the proposed location of a sight-obscuring fence or privacy screen.
CONSTRUCTION SITE BARRIER. A structure erected on a temporary basis to protect a construction site from vandalism and unauthorized entry.
FENCE. A structure erected for the purpose of separating properties or enclosing or protecting the property within its perimeter. A FENCE shall not include construction site barriers, landscape treatments or privacy screens as defined herein.
LANDSCAPE TREATMENT. A non-sight-obscuring, decorative wooden, split rail or metal structure used to enhance, accent or protect the landscaping of the sate.
PRIVACY SCREEN. A non-sight-obscuring decorative structure, erected adjacent to or around a patio, deck, court yard or swimming pool designed to screen the area behind it or within its confines from observation by persons outside its perimeter.
SIGHT-OBSCURING. Opaque or having such qualities as to constitute a complete visual barrier to persons outside the perimeter of the sight-obscuring object. A fence which partially obscures sight shall not be considered sight-obscuring if the distance or open space between boards, slats, rails, stanchions or balusters (which shall not exceed four inches in width) equals or exceeds three inches when viewed and measured at 90 degree angles. (See Figure 1).
(1978 Code, § 12-2; Ord. No. 211, § 1, 7-24-79; Ord. No. 211-D, § 1, 11-4-92)
It shall be unlawful for any person, firm or corporation to construct or cause to be constructed any fence or privacy screen upon any property within the limits of the City of Sterling Heights without first having obtained a permit therefor in the manner hereinafter provided. The owner of the property, as determined by the records of the Assessment Department of the City of Sterling Heights, shall be responsible for obtaining the permit, unless the owner can affirmatively demonstrate that he or she has hired a contractor to erect the fence or privacy screen. If a contractor has been hired to erect the fence or privacy screen, then such person, firm or corporation shall be responsible for obtaining the permit.
(1978 Code, § 12-3; Ord. No. 211, § 1, 7-24-79) Penalty, see § 1-9
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