[Ord. No. 05-419 §1, 6-13-2005]
The purpose of this Chapter is to establish regulations concerning
fences in the Village of Marlborough, Missouri.
[Ord. No. 05-419 §2, 6-13-2005]
The following words, when used in this Chapter, shall have meanings
set out herein:
The Building Commissioner of the Village of Marlborough or
his/her designee.
A structure erected on a temporary basis to protect a construction
site from vandalism and unauthorized entry.
A structure, partition, privacy screen or wall erected at
grade as a dividing marker or barrier for the purpose of enclosing
a piece of land, separating contiguous pieces of land or marking off
a piece of land, used as means of protection or confinement, but not
including hedges, shrubs, trees or other natural growth.
The vertical distance measured from the side of the fence
that is exterior to the property and/or from the lowest adjacent ground
level to the top of the fence material. In the case of wire fencing,
height shall be measured by the width of the material used providing
that when installed the material is directly adjacent to the ground
level.
A boundary or fence made of shrubs or low growing trees.
A non-site obstructing, decorative wooden or metal structure
used to enhance, accent or protect the landscaping of the site (i.e.
but not limited to trellis or lattice work).
Structure erected between two (2) properties that has a height
of six (6) feet.
A decorative structure, often site-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.
A barbed fence, a fence with spikes, other sharp points or
a razor blade fence.
Opaque or having such qualities as to constitute a complete
visual barrier to persons outside the perimeter of the site-obscuring
object. A fence which partially obscures a site shall not be considered
site-obscuring if the distance between boards, slats, rails, stanchions
or balusters equals or exceeds three (3) inches.
Fencing of limited duration for safety purposes at construction
sites and/or for the protection of the public from a dangerous condition
of land or improvements to land.
[Ord. No. 05-419 §3, 6-13-2005]
A.
It shall
be unlawful for any person, firm or corporation to construct or cause
to be constructed any fence upon any property within the Village of
Marlborough without first having obtained a permit, unless it can
be demonstrated that he/she has hired a contractor to erect the fence
or privacy screen. If a contractor has been hired to erect a fence
or privacy screen, then such persons, firm or corporation along with
the property owner shall be responsible for obtaining the permit.
B.
Permits
shall be obtained by submitting to the office of Village Clerk, drawings,
sketches, specifications and the proposed locations thereof. Drawings,
sketches and specifications shall be forwarded to the Building Commissioner
for review. Upon review and approval by the Building Commissioner,
the Village Clerk shall issue a permit to the applicant at the cost
of five dollars ($5.00).
[Ord. No. 05-419 §4, 6-13-2005]
A.
All fences
and privacy screens shall be constructed of ornamental wrought iron
(or aluminum simulating wrought iron), chain link (cyclone), prefabricated
rigid plastic/vinyl or wood (timber paling). A decorative fence constructed
of any of the preceding materials shall be permitted provided the
Building Commissioner determines that the proposed fence is of structurally
sound construction. Except for fences erected on residentially-used
property along a common boundary line with a commercially-used property,
all supporting post, cross members and protruding bolts, screws and/or
hardware of site-obscuring fences and privacy screens shall be inside
the lot and face toward the interior of the lot of the person, firm
or corporation who erects, constructs or causes to have erected or
constructed the site-obscuring fence or privacy screen. Masonry pillars
used in conjunction with a fence made of approved materials shall
be permitted upon the same terms and conditions as the fence itself.
B.
Temporary Or Safety Fencing/Construction Site Barrier. The
use of temporary or safety fencing or a construction site barrier
shall be of limited duration during construction or improvements to
land and shall be removed upon completion of the work. Prior installation
of temporary or safety fencing or a construction site barrier, any
person (other than in an emergency situation) seeking to install such
fencing shall submit a plan showing the details of the placement of
the fencing and the specifications for the fencing to the Building
Commissioner for approval. In the case of an emergency, the person
shall as soon as possible submit the fencing plan for approval. Safety
fencing must be highly visible and durable for maximum protection.
Acceptable temporary fencing materials are plastic mesh, wood roll
fencing or other temporary fencing material approved by the Building
Commissioner. Such temporary fencing shall not be used as permanent
fencing. Temporary fencing shall be removed within forty-eight (48)
hours of substantial completion of construction or the abatement of
the circumstances necessitating the safety fencing.
C.
All support
posts for permanent fencing shall extend thirty (30) inches beneath
the surface upon which the fence is installed.
[Ord. No. 05-419 §5, 6-13-2005]
A.
Landscape
treatment shall be permitted provided that it does not exceed three
(3) feet in height and does not reduce the sight distance of the traveling
public. Hedges, green screen or shrubbery fences between two (2) contiguous
lots, which the hedge shall not exceed three (3) feet in height in
front of the building line or lines and six (6) feet behind the building
line or lines and may be erected after the obtaining of a permit therefore
in the manner prescribed in this Chapter.
B.
Hedges
and shrubbery not exceeding three (3) feet in height may be planted
in front of said building line or lines and may enclose the front
and side yard of any lot in the Village after obtaining a permit.
[Ord. No. 05-419 §6, 6-13-2005]
A.
Barbed
wire, sharp, affixed spikes, projecting nails or other dangerous objects
of any kind or description shall not be permitted as fencing material.
B.
Residential
fences shall not exceed six (6) feet in height.
C.
All fences
shall be located entirely upon the property. No fence or privacy screen
of any type shall be built forward of the rear line of the primary
structure, unless approved by the Building Commissioner if, in his/her
opinion, placing the fence to the rear of the building line would
be impractical or a hardship for the owner, lessee or agent of the
owner. In no instance, however, shall the Building Commissioner approve
a fence to be located beyond the furthest point of the front building
line of the structure.
D.
All fences
or privacy screens of any type are required to have at least one (1)
three (3) foot wide gate on the street side.
E.
Privacy
screens shall be required around the play yard of all daycare centers
that adjoin any residential area district. The fence shall be six
(6) feet in height and other specifications of such fencing shall
be the same as outlined in this Chapter.
F.
Temporary
fences may be erected in conjunction with "display homes" so long
as the fences are removed within thirty (30) days following the sale
or transfer of the ownership of the home.
G.
Ornamental
dividers, plastic chains, post or like materials erected along driveways
or sidewalks shall not be considered a fence.
H.
There
shall be no fences consisting of one (1) or more strand wires (i.e.,
but not exclusive to chicken wire) constructed in residential districts.
I.
On any
lot where a front yard is required or corner lot, no building, wall,
fence or other structure shall be constructed and no hedge, tree,
shrub or other growth or object of any kind shall be maintained in
such location within the yard so as to obstruct the view of pedestrians
and motorists, as determined by the Building Commissioner and/or Street
Commissioner.
J.
Open
fences shall not exceed fifty percent (50%) screening and four (4)
feet in height above the yard grade shall be permitted. Hedges, shrubbery,
flowers or other similar vegetation planted to form a continuous line
of growth shall not exceed a height of four (4) feet.
K.
No person
shall permit any fence erected or maintained on premises owned, occupied
or leased by him/her to be used for advertising purposes.
L.
No temporary
or safety fencing or construction site barrier (i.e., plastic mesh,
wood roll fencing or other temporary fencing) shall be used as permanent
fencing.
M.
No person
shall erect or maintain any fence or screen, in whole or in part,
of cloth, canvas or other like material.
[Ord. No. 05-419 §18, 6-13-2005]
A.
Fences
higher than six (6) feet may be permitted for security and/or screening
purposes by the Building Commissioner. Written request must be made
to the Building Commissioner stating reasons for fences extending
higher than six (6) feet. Barbed wire may be permitted by the Building
Commissioner if the lowest strand is at least seven (7) feet above
grade, provided that the applicant demonstrates a need for added security
above and beyond that provided by a regular fence.
B.
Fences
are permitted on any lot or paved area so long as they do not extend
beyond the front building line, unless Planning and Zoning recommendation
is granted by a conditional use permit.
C.
Where
a fence is constructed to comply with screening requirements, all
fencing regulations regarding maintenance, material and height shall
apply.
[Ord. No. 05-419 §9, 6-13-2005]
All fences shall be built by the party desiring the same entirely
on that person's property so as not to have any part of the fence
encroaching upon or over an adjoining property. No fence shall be
placed in a Village, County or State right-of-way without a Village-,
County- or State-issued permit. Any fence or privacy screen erected
in any right-of-way can be removed by the jurisdictional authority
without permission of the person responsible for the erection of the
fence. Any fence erected in an easement location can be removed without
compensation to the owner.
[Ord. No. 05-419 §10, 6-13-2005]
The Village of Marlborough 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 Village be responsible
for the determination of the location of any fence to be erected,
built or constructed on a lot line.
[Ord. No. 05-419 §11, 6-13-2005]
A.
Any person
who erects, builds or constructs any fence or privacy screen or who
contracts with another or causes another to erect, build or construct
a fence or a privacy screen upon property which said person owns,
leases or rents shall be responsible for the repair, upkeep and maintenance
of the fence and privacy screen and any area adjacent thereto.
B.
Any person
who owns property upon which a fence or privacy screen has been constructed
by a previous owner shall be responsible for the care, upkeep, and
maintenance of the fence or privacy screen. If a previously constructed
fence is located upon a lot line, each successive owner of the fence
or privacy screen shall be responsible for its care, upkeep and maintenance.
If ownership of the fence located upon a lot line is joining or cannot
be determined, then each party owning property adjacent to the fence
shall be responsible for the care, upkeep and maintenance of the fence
facing their property. For the purpose of this Subsection, the owner
of a fence shall be deemed to be any person, persons or their successors
who purchase or otherwise acquire the property from the person who
originally erected or caused a fence to be erected thereon.
C.
The Building
Commissioner may inspect any fence to determine whether it conforms
to the provisions of this Chapter. Any person who erects, constructs,
builds or causes to erect, construct or build a fence or has property
upon which a fence is located shall permit the Building Commissioner
access to inspect said fence to determine whether it complies with
the provisions of this Chapter. When the Building Commissioner receives
a complaint that a fence has not be constructed, maintained or repaired
as required by this Chapter, the Building Commissioner shall attempt
to give notice in advance of an intended inspection, to the parties
interested, advising them of the time and place that the fence will
be inspected. The Building Commissioner shall then inspect said fence
at the arranged time and place and determine if the fence is required
to be repaired or rebuilt. Written notification of the results of
said inspection shall be sent to the property owner or person responsible
for the construction or maintenance of the fence. If any person so
notified neglects or refuses to comply with the requirements of such
determination for a period of fifteen (15) days, then the Building
Commissioner shall have the authority to cause a complaint to be filed
in court against the responsible part or parties or request that the
Village Attorney institute proceedings in a court of equity to obtain
compliance.
D.
All fences
erected, or in the process of being erected, prior to enactment of
this Chapter shall be considered non-conforming and as such shall
be allowed to remain in place as long as the fence is not replaced
or substantially improved, in which case the fence shall be properly
located.
[Ord. No. 05-419 §12, 6-13-2005]
A.
Any person
directly impacted by a final action or decision of the Building Commissioner
such that the person would have standing in a court of law to challenge
the action may petition to the Board of Trustees ("Board") for a review
of any final decision of the Building Commissioner under this Chapter.
Within ten (10) days of the date of the final decision, the person
requesting the review shall file, in the office of the Village Clerk,
a written petition for review of that decision and stating the legal
and factual grounds for the requested review. A copy shall also be
filed with the Village Attorney. No appeal or other action may be
filed in any court against the Village or its officers or employees
until, to the fullest extent permitted by law, the review procedures
herein shall be exhausted before any boards, officials or commissions.
B.
The Board
shall set a time to review the decision that gave rise to the petition
as soon as reasonably practical and shall provide public notice of
such meeting if not at the Board meeting. The Board shall hear and
consider the evidence related to and submitted by the petitioner,
the Village or other interested parties in the discretion of the Board.
The hearing shall include written submittals.
C.
Unless
a hearing or the requirements herein are waived by petitioner, each
hearing shall provide a record of the proceedings (by audio, video,
stenographic or other reliable means of recording capable of transcription)
and shall permit the parties to introduce evidence under oath, and
shall provide for cross-examination, when requested. The formal hearing
requirements herein shall be deemed waived if not affirmatively requested
by petitioner in its petition.
[Ord. No. 05-419 §13, 6-13-2005]
A.
Any violation
of the provisions of this Chapter is declared to be unlawful and the
violator shall be punished by a fine not exceeding five hundred dollars
($500.00) or by imprisonment not exceeding ninety (90) days, or by
both such fine and imprisonment.
B.
Every
day a violation of this Chapter shall continue shall constitute a
separate offense.
