[HISTORY: Adopted by the City Council of the City of Rockwood 11-4-2009 by Ord. No. 457.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
80, Fences, adopted 11-21-2001 by Ord. No. 390.
The owners of all lots within the City may construct and maintain
fences between their own and the next adjoining lots in the manner
provided in this chapter.
The owner of a fence shall maintain the fence in good condition.
Maintenance shall include the paint or finish of the fence and maintaining
the space between any fence in a neat and weed-free condition. Any
privacy fence not properly maintained may be ordered removed at the
owner's expense by the Building Inspector.
No person shall construct a fence to enclose any alley, easement
for public utilities, street or other public place, or any part thereof.
No portion of any fence, ornamental fence or hedge shall be located
in any public right-of-way.
A.
Application.
(1)
When an owner of property desires to build, repair or relocate a
fence along a property line, he or she shall make application to the
Building Inspector, setting forth in such application his or her name
as owner, the location of the fence by the street address or legal
description of the property along which he or she desires to construct
such fence, and a description of the size and kind of fence proposed.
(2)
The application shall be accompanied by a certificate of survey signed
and sealed by a registered surveyor, delineating the lot line and
the line along which the fence is to be erected.
B.
Issuance. Upon determination that this chapter and all other applicable
provisions governing fences of these Codified Ordinances and other
ordinances in the City have been complied with, the Building Inspector
shall issue such permit.
C.
The City Council shall from time to time set the fee for the issuance
of a fence permit.
A.
The fence shall be erected one inch off the lot line, unless the
fence abuts a City sidewalk, at which location the fence shall be
at least 12 inches from the edge of the sidewalk. A privacy fence
erected alongside of an existing fence shall be placed six inches
from the existing fence and shall not be attached to the existing
fence.
B.
Wood fence standards. Wooden fences having one finished side shall
have the exposed fence parts and posts facing inward with the finished
side of the fence facing outward unless otherwise approved by the
City Administrator. There shall not be more than two inches separating
the bottom of the fence board and the surface of the ground. The height
of the fence shall be determined by the zoning district in which the
fence is constructed.
C.
Chain link standards. No chain link fence shall be constructed at
a height greater than allowed in the Zoning Code.[1] Welded wire fences are strictly prohibited unless utilized
in conjunction with the approved fencing operator. Chain link fences
shall not incorporate slates or other obscuring materials, except
for green or blank solid fabric privacy screens or windscreens surrounding
industrial-type uses.
D.
Spikes and pointed objects. No person shall erect or maintain on
or about the stairway to the entrance of any building, 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 shall be affixed or placed, or
in any manner attached, any spike, nail, broken glass or other sharp
pointed instrument of any kind or description.
E.
Barbed wire.
(1)
No person shall construct or maintain a barbed wire fence, partially
or wholly around any area in any street, avenue, alley, lane or public
space, or nail barbed wire or cause it to be nailed or fastened in
any form, shape or manner upon fences.
(2)
No person shall construct a barbed wire fence or use barbed wire
in a residential district.
(3)
Commercial or industrial districts may have fences six feet high
with barbed wire attached to arms or brackets inward over the private
property of the person erecting and paying for such fence, but no
such barbed wire shall be placed at a point nearer to the ground than
six feet. The arms for barbed wire on six-foot fences may be placed
only on lot lines of industrial or business property.
(4)
When industrial or business property adjoins residential property
or municipal property, the arms shall project over the industrial
side of the line unless the fence is moved back from the line so that
the top ends of barbed wire arms or brackets do not project over the
property line.
F.
Ornamental fences; hedges. Ornamental fences may be built to a height
a permitted in the Zoning Ordinance[2] and shall be built wholly upon the builder's property,
unless otherwise agreed by the adjoining landowners. Hedges or other
means of designating lot lines shall be regulated in the same manner
as fences.
A.
No portion of any fence or hedge shall extend from the front line
of a residential structure to the street unless said fence or hedge
is maintained at a height of 36 inches or less.
B.
In any residential zone, no fence, hedge, or wall greater than 30
inches in height shall be located within 10 feet of any front lot
line, public sidewalk, or street edge, except that on lots with a
side line adjacent to an alley, a fence or hedge may be located along
the alley line to the front of said lot, provided that the fence or
hedge shall end 10 feet from the front lot line.
C.
No fence, hedge, wall or similar structure, including posts, other
supporting structures and decorations or ornaments, shall exceed the
height specified in the Zoning Ordinance,[1] unless first approved by the Zoning Board of Appeals.
Gates of the same heights as the fence, hedge, or wall may be installed
along any lot line.
D.
Where a residential lot abuts a commercial alley, expressway, open
drainage ditch or railroad, a solid-type fence may be constructed.
A.
No fence or wall shall be constructed of old or used material unless
such material is reasonably sound, in the judgment of the Building
Inspector.
B.
Except as specifically exempted above, no fence or wall in a residential
zone shall be constructed of solid brick, masonry, wood, or any other
material which results in a solid-type fence (i.e., a privacy fence)
unless first approved by the Zoning Board of Appeals.
Dividing-line fences are presumed to be of mutual benefit to
both adjacent owners and shall, therefore, not be built in other than
a reasonable position.
A.
All fences built or repaired around junk or coal yards shall be designed
as retaining walls where such fences are used to hold or retain materials
or things of any kind. Such fences shall not be more than six feet
in height.
B.
Such fences may be erected to a height not to exceed nine feet if
the written consent of not less than 50% of the owners of property
residing within 500 feet of the junk or coal yard has been obtained,
unless otherwise restricted as to height by this chapter.
C.
A fence of greater height may be erected if ordered by a court having
jurisdiction thereof.
A.
No used auto parts business shall be maintained on any vacant property
unless and until a suitable and appropriate fence, 10 feet in height
and properly painted, is erected around the outside of the lands on
which such business is conducted in such a manner as to obliterate
the premises from view.
C.
No person shall display any tire, fenders or other auto parts or
materials on or in front of such fence, and such fence shall not be
less than 10 feet from property lines along City streets.
D.
The stresses used in the design shall comply with those stated in
the Michigan Building Code for the kind of material used.
E.
If built of timber, all main structural members shall be securely
bound together with belts of sufficient size and length to meet the
design requirements.
F.
No posts used for such construction shall have a cross-sectional
area of less than 90 1/4 square inches, and they shall extend
into the ground below grade at least four feet or more as required
for structural safety.
G.
Such posts shall have attached to the outside of the face thereof
above grade planks that are at least 1 3/4, inches thick, securely
bolted to the posts upon which the fence shall be mounted.
Any person or corporation demonstrating a practical difficulty
with the regulations of this chapter may present his or her case to
the Zoning Board of Appeals, pursuant to the procedural requirements
of that body.
Violation of this section or any part thereof shall be considered
a civil infraction and the penalties for the violation thereof shall
be set forth in § 1-9 of the Municipal Civil Code.
