[R.O. 2008 §40.400; Ord. No. 754, 9-20-1966]
No person, firm, association or corporation owning or occupying
any residential property within the City of Olivette shall erect,
construct or maintain thereon any chain link fence from which any
sharp metal parts protrude at any point of such fence. It shall be
the duty of any person, firm, association or corporation maintaining
a fence of the type herein prohibited as of the date of adoption hereof
to eliminate such sharp metal protrusions from such fence within twenty
(20) days from September 20, 1966.
[R.O. 2008 §40.430; Ord. No. 387, 11-26-1957; Ord. No.
409, 4-2-1958]
A.
It
shall be unlawful for any person, firm, association or corporation
to own, operate, maintain, use or otherwise conduct a vehicular parking
lot, vehicular parking area or other tract of land used primarily
for the parking, storage, loading, unloading or movement of motor
vehicles, whether in conjunction with the operation of a commercial
or industrial business or otherwise, without compliance with the provisions
of this Section.
B.
Every
person, firm, association or corporation owning, operating, maintaining,
using or otherwise conducting a vehicular parking lot, vehicular parking
area or other tract of land used primarily for the parking, storage
or movement of motor vehicles which consists of fifteen hundred (1,500)
square feet or more, whether in conjunction with the operation of
a commercial or industrial business or otherwise, which is adjacent
to, abuts upon or is situated within a distance of ten (10) feet from
land in the City of Olivette zoned for residential use, shall erect
and maintain a fence along each boundary line of such vehicular parking
lot, vehicular parking area or other such tract of land so used for
the parking, storage or movement of motor vehicles, which is adjacent
to, abuts upon or is within ten (10) feet of such residential area.
C.
No
person, firm, association or corporation shall own, operate, maintain,
use or otherwise conduct a vehicular parking lot, vehicular parking
area or other tract of land used primarily for the parking, storage
or movement of motor vehicles which consists of fifteen hundred (1,500)
square feet or more and any portion of which is situated within one
hundred (100) feet from land zoned for residential use unless a fence
is in existence or is erected pursuant to the requirements, terms
and provisions of this Chapter and in full compliance with all terms
and provisions hereof, along the boundary line of the area zoned for
residential use for the full width of the lot or area of land upon
which said parking lot, parking area or other tract of land so used
for the parking, storage or movement of motor vehicles, all as described
above and the structures or buildings served by it are situated or
located.
D.
Every
fence required to be erected under the provisions herein shall be:
1.
At least six (6) feet in height from the highest level of the ground
at the boundary line and if there is a wall, parapet or other construction
at such boundary line, than at least six (6) feet above such wall,
parapet or other construction; and
2.
Shall be solid, except that there may be vertical openings in such
fence substantially perpendicular to the ground level, which opening
shall not comprise more than twenty percent (20%) of any two (2) foot
length of such fence.
E.
No occupancy permit, special permit, liquor license or any other license or permit required by law or ordinance shall be issued by any licensing authority of the City of Olivette or permitted to remain in effect as to any person, firm, association or corporation owning, operating, maintaining, using or otherwise conducting such vehicular parking lot, vehicular parking area or other tract of land used primarily for the parking, storage or movement of motor vehicles or owning, operating, maintaining, using or otherwise conducting a commercial or industrial business, the patrons, customers, guests, visitors or employees of which normally use or employ such vehicular parking lot, area or above described tract of land unless the provisions of this Article are first complied with; provided however, that the Building Official of the City of Olivette may by written permit authorize and approve the erection and maintenance of a fence not meeting the requirements of Subsection (D) hereinabove as a substitute for such fence if he/she finds that such substitute fence:
1.
Will adequately shield and protect the adjoining residential area
from fumes, noise and lights normally attendant on the operation of
such vehicular parking lot, vehicular parking area or other such described
tract of land; and
2.
Will substantially prevent children from gaining access to such vehicular
parking lot, vehicular parking area or other such described tract
of land from such adjacent or adjoining residential area.
F.
Any
person, firm, company or corporation required to erect a fence hereunder
shall first procure a permit therefor from the Building Official and
shall pay a fee therefor at the rate of five dollars ($5.00) per one
hundred (100) linear feet or fraction thereof of said fence. Applications
for said permits shall be on forms provided by the Building Official
and shall be accompanied by plans and specifications showing such
details concerning the position and construction of said fence as
will reflect that same complies with the requirements of this Chapter.
G.
Any
person, firm, association or corporation violating any of the provisions
of this Chapter shall, upon conviction thereof, be subject to a fine
of not less than ten dollars ($10.00) nor more than five hundred dollars
($500.00) and each day of violation shall be deemed a separate offense.
[R.O. 2008 §40.440; Ord. No. 1621, 2-28-1989; Ord. No.
1751, 6-9-1992; Ord. No. 1881, 5-14-1996; Ord. No. 1906, 12-10-1996]
A.
Upon
issuance of a building permit in accordance with this Section, ornamental
fences may be erected in front yards and, with respect to corner lots,
in front and side yards on residentially zoned property.
B.
All
fences permitted hereunder shall conform to the following requirements:
1.
Materials shall be compatible with the character of the residence
located on the lot and in keeping with the general character of the
surrounding neighborhood. Chain link fences, wire fences or other
similar material are not permitted.
2.
Fences shall be of durable and substantial construction and shall
not contain any barbed wire, sharp or protruding edges, electric charging
devices or other dangerous characteristics.
3.
Fences shall be no less than eighteen (18) inches and no more than
thirty-six (36) inches in height.
4.
Fences eighteen (18) inches in height shall be set back at least
one (1) foot from any sidewalk used by the public and for every six
(6) inch increase in height of the fence over eighteen (18) inches
of height, the fence shall be located one (1) additional foot away
from any sidewalk used by the public. Where no sidewalks exist, the
fence shall be located no less than five (5) feet from the street
right-of-way abutting the lot. Additional setback distance may be
required at street intersections to provide adequate traffic site
distance.
5.
The open area of a fence not built entirely of stone, rock, concrete,
masonry or brick, expressed as a percentage of total vertical surface
area per side, shall be as follows:
|
Height
|
Minimum Percent (%) Open Area
| |
|---|---|---|
|
Up to 18 inches
|
None
| |
|
Up to 30 inches
|
30%
| |
|
Up to 36 inches
|
50%
|
|
Any fence built entirely of stone, rock, concrete, masonry or
brick shall not be required to have a minimum percentage of open area.
|
6.
Where standards established by this Subsection (B) conflict with requirements of Section 623.9 of the Building Code of the City of Olivette governing enclosures around swimming pools or any similar applicable or successor provisions or standards, the requirements of the Building Code shall govern.
C.
Any
person, firm or corporation desiring to erect a fence hereunder shall
apply to the Building Official for a building permit for the erection
thereof on forms supplied by the Building Official and shall deliver
with the application eight (8) copies of plans therefor, fully dimensioned,
showing:
1.
At a scale of no more than 1" = 20' the location, outline and dimensions,
both linear and angular, of the lot on which the fence is proposed
to be erected, all structures, driveways, easements and setback lines
thereon and all adjoining streets; and the proposed location and dimensions,
both linear and angular, of the fence.
2.
At a scale of not less than ⅛" = 1', the typical front view,
typical side and rear views (if different from front view) and all
dimensions thereof.
3.
A description of the materials to be used in the proposed fence and
color thereof.
D.
Any
person, firm or corporation violating any of the provisions of this
Section shall be deemed guilty of an ordinance violation and upon
conviction thereof shall be subject to the penalties provided for
violation of Olivette ordinances.
E.
Notwithstanding
anything in the Municipal Code to the contrary, any fence existing
on March 1, 1989 in the front yard of a lot in a residential zone
or in the front or side yard of a corner lot in a residential zone
shall not be prohibited; provided that any substantial repair or replacement
of any such fence shall conform with the requirements of this Section.
[R.O. 2008 §40.450; Ord. No. 1825, 6-28-1994; Ord. No.
1947 §1, 10-14-1997; Ord. No. 2439 §1, 10-26-2010]
A.
Except as otherwise provided in Section 435.030, fences erected on rear and side lots shall be subject to the following provisions:
1.
Fences may not exceed six (6) feet in height and may be located only
within required rear or side yards. On corner lots, fences may not
be located in required front and side yards.
2.
No fences shall be constructed of lightweight materials such as chicken
coop wire, barbed wire or bamboo. Notwithstanding the preceding sentence,
chicken coop wire may be used for vegetable gardens located within
the perimeter of rear or side yards.
3.
All new or replacement fences shall be constructed with posts, framing
and other structural support facing the area to be enclosed and the
finished surface facing away from the area to be enclosed.
5.
Double-sided fences shall have the same exterior finish on each side.
6.
Any person who desires to erect a fence on a residential lot within
the City of Olivette shall file an application for a building permit
with the Building Official, in which the applicant:
a.
Shall identify the proposed dimensions and location of the fence
and the materials from which it is to be constructed;
b.
Indemnify the City for any losses incurred should the applicant construct
any portion of the fence on the wrong property; and
c.
Execute an acknowledgment that it is in the best interest of the
subject property owner to submit a legal survey of the subject property
with the application.
|
|
Only the property owner may execute an application for a residential
fence permit. If the proposed fence conforms to the provisions of
this Section, the Building Official shall issue a permit.
|
7.
Any person, firm or corporation violating the provisions of this
Section shall be deemed guilty of an ordinance violation and upon
conviction thereof shall be subject to the penalties provided for
the violation of municipal ordinances.
[R.O. 2008 §40.460; Ord. No. 1947 §2, 10-14-1997; Ord. No. 2576 §14, 3-8-2016[1]]
In accordance with the procedures outlined in Article XI Site Plan Review of Chapter 400 Zoning Regulations, where the Planning and Community Design Commission determines upon written request of an applicant that compliance with any requirement of Section 435.030 Ornamental Fences on Residential Lots or of Section 435.040 Residential Fences on Rear and Side Yards will impose unnecessary hardship or practical difficulty upon a particular property, the Planning and Community Design Commission may vary the requirement. In exercising this authority, the Planning and Community Design Commission shall vary requirements only to the extent necessary to alleviate the unnecessary hardship or practical difficulty consistent with the aesthetic, health and safety objectives of Sections 435.030 and 435.040 of this Chapter.
[1]
Editor’s Note: Section 14 also changed the title of
this Section from “Variances” to “Review and Approval
Required.”
