City of Roseville, MI
Macomb County
[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 134 of the 1984 Code. Amendments noted where applicable.]
CHARTER REFERENCES
Department of Buildings and Inspection — See Ch. 7, Sec. 7.13.
GENERAL REFERENCES
Fees — See Ch. 133.
Fences around junkyards — See Ch. 179, § 179-8.
Climbing on park fences — See Ch. 215, § 215-2B.
Fencing of parking areas at fast-food restaurants — See Ch. 240, § 240-14.
Fences around swimming pools — See Ch. 300.

§ 134-1 Title.

This chapter shall be known as the "Fence Ordinance."

§ 134-2 Definitions.

[Amended 3-14-1995]
As used in this chapter, the following terms shall have the meanings set forth in this section:
FENCE
A hedge, structure or partition erected for the purpose of enclosing a piece of land or to separate two contiguous pieces of property.
FRONT YARD
An open space extending the full width of the lot, the depth of which is the horizontal distance between the front lot line and the minimum front yard setback line as required by the Zoning Ordinance.[1]
LANDSCAPE TREATMENTS
A non-sight-obscuring decorative wooden or metal structure used to enhance, accent or protect the landscaping of the site.
PRIVACY SCREEN
A decorative structure, often sight obscuring, erected adjacent to or around a patio, deck, courtyard or swimming pool designed to screen the area behind it or within its confines from observation by persons outside its perimeter.
REAR YARD
An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.
SIDE YARD
An open space between a main building and the side lot line, extending from the front yard to the rear of the main building, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. Where a side yard abuts a street, it shall be considered an exterior side yard.
[Amended 2-24-1998 by Ord. No. 1104]
[1]:
Editor's Note: See Ch. 370, Zoning.

§ 134-3 Hedges, shrubs and trees.

[Amended 3-14-1995]
Hedges, ornamental shrubs, trees, bushes and all kinds of plants shall be considered fences for the purpose of this chapter when placed in a manner or position to serve as such.

§ 134-4 Barbed-wire fences.

[Amended 3-14-1995]
A. 
No person, their lessee or agent shall construct or maintain a barbed-wire fence, fences with sharp or pointed tops, affixed spikes, projecting nails, other pointed instruments of any kind or fences which carry electrical current.
B. 
Barbed-wire or similar approved material may be installed in commercial or industrial zoning districts on those sides abutting nonresidential uses.

§ 134-5 Location; height.

[Amended 3-14-1995]
A. 
No fence shall be installed on any public right-of-way.
B. 
No fence shall be permitted in the front yard area of a residential district except on the exterior lot line of a corner lot. For a corner lot, a fence no higher than three feet above the established grade level of the public sidewalk will be allowed. Landscape treatment, as defined in § 134-3, shall be permitted in any front yard areas, provided that they do not exceed three feet in height above the public sidewalk, 32 feet in total length, 16 feet in one continuous direction and are erected at least one foot from the public sidewalk. Any such plantings shall be maintained to conform to these restrictions at all times.
[Amended 12-14-1999 by Ord. No. 1130]
C. 
Privacy screens are permitted in the rear yard, provided that they do not exceed six feet in height and are located no closer than three feet from any lot line.
D. 
No fence may be constructed that will obstruct the view from a driveway within six feet of either side at the point where the driveway crosses any sidewalk, alley, street or public way.
E. 
No fence in a residential district shall be higher than four feet, except for privacy fences as provided for in § 134-7 of this chapter. The heights of fences in all other districts shall be no higher than eight feet and shall not be installed in the front yard setback area unless approved by the Building Director, Police Chief and Fire Chief, or their designees.
F. 
No snow fence shall be erected without approval of the Director of Public Works.
G. 
The City shall not be responsible for the enforcement of any agreement relative to mutual or separate payment for the cost of construction of fences, nor shall the City be responsible for the determination of the location of any fence to be constructed on lot lines.

§ 134-6 Construction; maintenance.

[Amended 3-14-1995]
A. 
No fence shall have an opening of less than the size of the material used, and no fence material shall be greater than four inches in width, except privacy fences, which may be totally obscuring.
B. 
All fence posts must be sunk in the soil to a depth of three feet and shall be no further than 10 feet apart.
C. 
All fences shall be maintained in a safe condition so as not to become a nuisance.
[Amended 2-25-2003 by Ord. No. 1173]
D. 
Fences shall be constructed of wood, metal or masonry and other acceptable materials. Only new material or material which is as structurally sound as new material shall be used.

§ 134-7 Privacy and/or screening fences.

[Amended 6-9-1987 by Ord. No. 954; 3-14-1995 by Ord. No. 1066]
A. 
Privacy fences are defined as privacy screens that are less than three feet from the property line. These fences consist of material constructed to inhibit light, ventilation and sight through the fence. Privacy fences will be allowed in a residential district when the following conditions are met:
[Amended 12-20-1995 by Ord. No. 1075; 2-24-1998 by Ord. No. 1104; 2-25-2003 by Ord. No. 1173]
(1) 
Upon payment of applicable fees, an installation permit shall be obtained from the Roseville Department of Buildings and Inspections.
(2) 
In case of a corner lot, approval must first be obtained from the Director of Buildings and Inspection, Chief of Police and City Manager, or their designees after, review.
(a) 
If abutting the City right-of-way, no privacy fence or screen shall be closer than twenty-five feet from the City right-of-way.
[1] 
Exception. For each one foot the privacy fence is away from the adjacent property line, the privacy fence may encroach upon the twenty-five-foot required setback by one foot.
(b) 
Privacy fences may not be installed within the required front yard setback area of an abutting property owner, unless first obtaining written permission from said property owner.
(3) 
No fence shall be higher than six feet.
(4) 
All fences are to be of an ornamental type.
(5) 
All fences shall be installed and supported independent of any other fence or structure and must be supported fully, from top to bottom.
(6) 
All fences shall be continually maintained in the original conditions as approved for installation by the Roseville Department of Buildings and Inspections.
(7) 
Unless the following requirements are waived by the abutting property owner on a form prescribed by the City of Roseville, the following are required:
(a) 
No fence shall be installed closer than two feet from an existing property line unless any existing fence is removed.
(b) 
Fences are to be installed four inches above the ground.
(c) 
The support posts of the fence are to be installed facing the permit applicant's property.
(d) 
No fence shall be installed in a side yard, as defined in § 134-2.
(8) 
Hedges, shrubs and/or any combination of such plant growth serving as a screening fence shall not be permitted closer than two feet from an existing lot or property line unless a written waiver is received from the owners of the adjoining property to which said screening fence is closer than two feet.
B. 
It shall be unlawful for any person or entity to erect, construct, alter or maintain any privacy and/or screening fence or cause or permit the same to be done contrary to or in violation of any of the conditions of this section, and any violator shall be subject to the penalties set forth in § 134-11 of this chapter.
C. 
Effective with the adoption of this section, any privacy fence previously installed and any hedge, shrubs or trees or any combination thereof used as a screening fence may continue to be maintained, repaired and/or trimmed, but may not be enlarged to a height in excess of six feet or allowed to encroach upon adjoining properties.
[Added 12-20-1995 by Ord. No. 1075]

§ 134-8 Unlawful construction.

[Added 2-25-2003 by Ord. No. 1173[1]]
It shall be unlawful for any person or entity to erect, construct, alter or maintain any fence or cause or permit the same to be done contrary to or in violation of any of the conditions of this chapter, and any violator shall be subject to the penalties set forth in this chapter.
[1]:
Editor's Note: This ordinance also provided for the redesignation of former §§ 134-8 and 134-9 as §§ 134-10 and 134-11, respectively.

§ 134-9 Nonconformance.

[Added 2-25-2003 by Ord. No. 1173]
Effective with the adoption of this section, any fence previously installed and any hedge, shrubs or trees or any combination thereof used as a screening fence may continue to be maintained, repaired and/or trimmed, but may not be enlarged to a height in excess of six feet or allowed to encroach upon adjoining properties. In the event a fence previously installed or any hedge, shrubs, trees or any combination thereof used as a screening fence are destroyed more than 50% or more than 50% must be replaced, said repair or replacement must be in conformance with all sections of this chapter and shall no longer be deemed a nonconforming fence.

§ 134-10 Variances.

[Amended 3-14-1995]
A. 
Applications for variances to this fence ordinance shall be made to and granted by the Roseville Zoning Board of Appeals upon a showing that the strict application of the regulations of this chapter would result in peculiar or exceptional practical difficulties to or exceptional undue hardships upon the applicant, provided that such relief may be granted without substantial detriment to the public good and substantially impairing the intent and purpose of this chapter. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed fence as it may deem reasonable in furtherance of the purpose of this chapter.
B. 
The concurring vote of five members of the Board shall be necessary to reverse any order, requirements, decision or determination of the Building Director or to decide in favor of the applicant for variance to this fence ordinance.

§ 134-11 Violations and penalties.

[Amended 3-14-1995; 12-20-1995 by Ord. No. 1075; 7-27-1999 by Ord. No. 1125; 2-25-2003 by Ord. No. 1173]
Any person, firm or other business entity violating any provisions of this chapter shall be guilty of a misdemeanor, subject to fines and costs up to $500 and/or 93 days in jail. Each day of noncompliance shall be deemed a separate offense.