(a) Review and Permit Process:
(1) Permit required. No person can build or relocate a fence without first obtaining a zoning permit from the Building and Engineering Department. Applications for fence permits must contain the following information, at a minimum:
A. The name, address, and telephone number of the applicant.
B. The location of the building, structure, or lot to which or upon which the fence is to be attached or erected.
C. The position of the fence in relation to nearby buildings or structures and property lines.
D. Two blueprints or ink drawings of the plans and specifications and of the method of construction of the fence, including the kind and size of posts, and the kind(s) of materials with which the fence is to be constructed. The proposed length and height of the fence must also be provided.
E. The name of the person, firm, corporation, or association erecting the structure or fence.
F. Written consent of the owner of the building, structure, fence or land to which or on which the structure is to be erected.
G. Any other information as the Building and Engineering Department requires to show full compliance with this Zoning Code.
(2) Review and revocation. The Building and Engineering Department, upon the filing of an application for a fence permit, will examine such plans and specifications and other data and the premises upon which the fence is proposed to be erected, and if the proposed fence complies with all the requirements of this chapter and all other laws and ordinances of the City, then the Department will issue the fence permit. If the work authorized under a fence permit has not been completed within six months after its date of issuance, said permit is null and void.
(4) Work without permit. Whoever commences any construction or repair, for which a permit is required by this chapter, without first having obtained such permit, will, if legally authorized and subsequently allowed to obtain a permit, pay double the permit fee specified in Chapter 210
of the Administration Code, plus one hundred dollars ($100.00) for such construction or repair, provided that a notice has been sent or issued by the enforcing officer to the person commencing such construction repair.
(b) General Fence Requirements:
(1) Materials.
A. All fences built or repaired must have posts made of either iron pipe, at least one and five-eights inches outside diameter, or any other material of equal stability sunk in concrete at least three-feet or treated wood posts four-inches in diameter or reinforced concrete posts four-inches across, set in the earth three-feet and having a height above the average grade of the two adjoining lots of not less than three-feet. Iron pipe having an outside diameter of at least one and five-eighths inches, or any other material of equal stability, using a “drive anchor” installation mechanism or any other anchoring mechanism of equal stability and rigidity, may be used if approved by the Building and Engineering Department in lieu of setting posts in three-feet of concrete. Masonry walls must have footings as specified in the current Michigan Building Code. Partitions or line fences cannot exceed six-feet in height, unless provided for elsewhere in this chapter, except for enclosing an entire rear yard for a private swimming pool. Chain link, board or other materials shall be properly fastened to the post. All fence materials must be approved by the Building and Engineering Department.
B. All fences must be constructed solely of new materials approved by the Building and Engineering Department to be durable, weather- resistant, and easily maintained.
(2) Construction. All fences must be constructed in such a manner that all structural members, including braces, posts, poles, and other projections, are on the interior side of the fence.
(3) Attachment. Attaching one fence to another to form a single barrier is expressly prohibited. Only a single fence may be installed on any parcel of land running any particular direction to act as a barrier. A second or parallel fence is prohibited, unless for a dog run.
(4) Design requirements. Painted fences, in hues other than white, earth or wood tones, are subject to the review and approval of the Building Official and the following design standards:
A. The appearance, color, texture, and materials used preserves property values in the immediate vicinity and does not adversely affect any property values.
B. The appearance of the fence does not detract from the general harmony of, and is compatible with, the structure and other developments existing in the immediate vicinity.
C. The appearance of the fence is not garish or offensive to passersby.
D. Fence appearance minimizes or prevents discordant and unsightly surroundings in the immediate neighborhood.
(5) Sharp projections. No owner or lessee of any building in the City, or their respective agents, can erect or cause to be erected or maintained on or about its exterior building line, or upon fences, or upon any portion of the sidewalk adjacent to such building, any railing, fence, guard, or other projection on which there is affixed, placed or in any manner attached any spike, nail or other sharp-pointed instrument of any kind. No wire or other fence materials shall be affixed to the fence with the top edge having any sharp or pointed projections of any kind. However, if such fence is constructed of pickets, such pickets must be made of not less than one-inch by three-inch material and have an angle at the top of not less than ninety degrees.
(6) Barbed wire. Barbed wire fences are only permitted in the I1 and I2 Districts on fences six-feet in height or taller. No such barbed wire can be placed at any point nearer to the ground than six-feet. However, arms for barbed wire on six-foot fences may be placed only on the lines enclosing an industrial property. These arms must project over the industrial side of the line only on such portions of the fence, which are twenty-five-feet or more from the front lot line.
(7) Electrification. Electrification (i.e., electric current or a charge of electricity) is not permitted in any zoning districts.
(8) Corner lots and corner clearance.
A. On corner lots, fencing may be erected along the side street property line no further toward the front lot line than the rear building line, except that a side entrance may be included in such fencing. In areas of heavy school traffic, special conditions may be given to corner lots at the discretion of the Board of Zoning Appeals. In cases of residential lots abutting public, commercial or industrial alleys or properties, public playfields, parking lots, parks, school grounds or recreation area, approved fences not exceeding six-feet in height may be erected and maintained alongside or rear lot lines abutting such alleys or properties.
B. When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all landscaping and/or fencing within the corner triangular area described below shall permit unobstructed cross visibility.
C. Fencing or landscaping located in the triangular area shall not be permitted to exceed a height of more than thirty-inches above the centerline elevation of abutting pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight-feet above the roadway surface.
D. The triangular area referred to above is:
1. The area formed at the corner intersection of a public right-of-way and a driveway, two sides of the triangular area being ten-feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two sides.
2. The area formed at a corner intersection of two public right-of-way lines, the two sides of the triangular area being twenty-five-feet in length measured along the abutting public right-of-way lines and the third side being a line connecting these two sides.
(c) Residential Fences:
(1) General requirements.
A. Cannot exceed six-feet in height, measured from the grade. However, an additional six-inches of height is permitted to provide an open space of six-inches at the base of the fence to allow for property maintenance.
B. Cannot be constructed nearer the street than the front bearing wall of an existing dwelling or the building setback line of vacant residential lots.
1. In those cases where a dwelling is set on the rear portion of a lot, a fence may be constructed at the building setback line of the adjacent properties, or twenty-five-feet, whichever is greater.
2. On corner lots, fencing may be erected along the side street property lines no further toward the front lot line than the rear building line, except that a side entrance may be included in such fencing.
C. Chain link fences cannot exceed four-feet in height.
(2) Decorative fencing. Decorative fences are permitted in a front yard no closer than three-feet to any property line or sidewalk where they do not exceed thirty-inches in height and the vertical surface in any five-foot section measured from the finished ground grade to the top of the fence has openings of at least fifty percent of the total surface of each five-foot section of fence, and all framing members, including posts, horizontal or vertical supports and fencing, are considered in the calculations. The fence must be kept in a sound condition as determined by the Building Official.
(3) Heights exceptions. In cases of residential lots abutting public, commercial or industrial alleys or properties, public playing fields, parking lots, parks, school grounds or recreation areas, approved fences not exceeding six-feet in height may be erected and maintained alongside or rear lot lines abutting such alleys or properties.
(d) Business and Industrial Fences:
(1) Fences cannot exceed six-feet in height, measured from grade, except that industrial fences may reach a maximum height, measured from grade of eight-feet.
(2) Fences cannot obstruct vision to an extent greater than twenty-five percent of their total area.
(3) Fences cannot be constructed nearer the street than the front building line of the principal building on the site or the building setback line of vacant business and industrial lots. On corner lots, fencing may be erected along the side street property line no further than the front building line of the principal building.
(4) No fence can be constructed nearer the street than the front bearing wall of a structure or the building setback line of vacant lots. In those cases where a structure is set on the rear portion of a lot, a fence may be constructed at the building setback line of the adjacent properties or the twenty-five-foot setback line, whichever is greater.
(5) Materials recovery operators. Any person whose principal business is that of a materials recovery operator, or who is operating or conducting a place for the dismantling of automobiles, using a yard or enclosure other than a building for the purpose of storing and/or having on hand any secondhand articles, junk, automobiles for dismantling or dismantled parts of automobiles, must, unless a waiver is obtained pursuant to Section 832.15
of the Business Regulations and Taxation Code, erect and maintain a fence made of board corrugated sheet metal or chain-link with metal inside and against the chain-link, of a height of eight-feet, which fence must be painted on the outside and kept and maintained in repair. On those sides adjacent to railroad property, a chain-link or galvanized steel fence of a height of not less than six-feet may be used.
(6) Hedges beyond the front building line cannot exceed two and one-half-feet in height above grade unless otherwise provided for in this chapter. A hedge is defined as small landscape material planted to make a wall or a dense row of shrubs.
(7) Detention or retention basins. A detention or retention basin having a depth of more than two-feet must be enclosed with a secure type of fence not less than four-feet in height. Such fence shall have an approved self-closing mechanism on a walk-in gate. A drive-in or a walk-in type of gate must have a provision in its latch for a padlock or the gate must be provided with other approved locking facilities.
(e) Parks, Playgrounds, and Public Areas.
(1) Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, cannot exceed twenty-feet in height measured from the surface of the ground, and cannot obstruct vision to an extent greater than twenty-five percent of their total area.
(2) Where a partition fence is constructed along a school yard or public or private playing field, fences in excess of the height specified herein may be permitted if the lines along which such fences are to run have been determined in accordance with this chapter and the details of construction are approved by the Building and Engineering Department.
(f) Maintenance and Nuisance Conditions.
(1) General requirements. Fences must be maintained in a neat and safe condition. Any fence which, through lack of repair, type of construction or otherwise, is not maintained in a neat and safe condition, including but not limited to the growth of grass, weeds, vines, trees, or other vegetation shall be deemed a nuisance. The Building and Engineering Department shall notify the owner, agent or person in control of the property on which such fence is located of the existence of such nuisance and specify the required repairs or modifications to be made to render the fence safe or require that the unsafe fence or any portion thereof be removed, and shall provide a time limiting such repairs, modification or removal. All fences extending beyond the building or setback line, except those installed after actions by the Zoning Board of Appeals, shall be reconstructed in such a manner as to comply with all setback requirements set forth in these Codified Ordinances.
(2) Isolation of property. In no instance shall the installation of a fence cause the isolation of property that is inaccessible for purposes of yard maintenance and upkeep. Under authority of subsection (b) hereof, the Building and Engineering Department may cause a separation between fences, or between a fence and a structure, or any other remedy necessary to ensure adequate access for cutting of grass and weeds and/or the collection of litter and debris.
(Ord. 2023-01. Passed 2-7-23.)