[Ord. No. 22-2008 §1, 6-23-2008]
For the purpose of this Chapter, certain terms and words are
hereby defined as follows:
CONSTRUCTION SITE BARRIER
A structure erected on a temporary basis to protect a construction
site from vandalism and unauthorized entry.
DECORATIVE FENCE
A fence used to enhance or accent which may be wood, vinyl,
wrought iron or square or round tubing or a similar material.
FENCE
A structure erected upon a property line or setback line
for the purpose of separating properties or for screening, enclosing
and/or protecting the property within its perimeter. A fence shall
not include construction site barriers, landscape treatments or privacy
screens as defined herein.
FENCE HEIGHT
The vertical distance measured from the side of the fence
that is exterior to the property from the lowest adjacent ground level
to the top of the fence material.
LANDSCAPED TREATMENTS
A non-site-obscuring, decorative wooden or metal structure
used to enhance, accent or protect the landscaping of a 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.
SHARP POINTED FENCE
A barbed fence, a fence with spikes other sharp points or
a razor blade fence.
SITE OBSCURING
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 or open space between boards, slats,
rails, stanchions or balusters equals or exceeds three (3) inches.
WIRE FENCE
A fence, the principal material of which is wire. This includes,
but is not limited to, chain link fences.
[Ord. No. 22-2008 §1, 6-23-2008]
A. Before
a fence may be erected or altered in the City, the person or entity
erecting or altering the fence shall obtain a permit to do so. The
fee for said permit shall be ten dollars ($10.00). No permit shall
be required for the routine maintenance of a fence or for the replacement
of a fence section. However, before a change, modification of design
or change in placement of a fence may be undertaken, the person or
entity who will be changing or modifying the design or placement shall
obtain a permit to do so.
B. All
applications for permits, pursuant to this Section shall be submitted
to the City Building Official. All applications shall include a site
plan showing the location of the proposed fence and shall include
other documentation, which the Building Official deems necessary.
Applications for fence permits shall be made available at the Herculaneum
City Hall.
C. In the event that the City Building Official denies the application, said denial shall be provided to the applicant in writing. The applicant shall have thirty (30) days from the date of the denial to appeal the decision of the City Building Official to the Board of Adjustment, which shall hold hearing on the matter as soon thereafter as is practicable. Said appeal shall comply with the requirements of Section
435.020.
D. Fences in rear and side yards shall not exceed six (6) feet in height, except that security fences in commercial and industrial districts may be constructed up to eight (8) feet in height to include any barbed wire used to top the fence. A fence in a front yard shall not be greater than forty-eight (48) inches if it meets an exception in Section
450.030.
E. Fences
may be constructed on the property line, except, however, fences or
a landscaped screen on corner lots shall not be constructed within
thirty (30) feet of the right-of-way of the intersection of two (2)
streets.
F. On an interior lot, a fence shall not extend beyond the front building line unless it meets an exception in Section
450.030. On a corner lot a fence shall not extend beyond the front building line on the side designated by the address to be the front of the property.
G. It
shall be the responsibility of the property owner to insure that a
fence does not block or obstruct the flow of stormwater.
H. All
fences erected prior to enactment of this Chapter shall be considered
non-conforming and as such shall be allowed to remain in place.
[Ord. No. 22-2008 §1, 6-23-2008]
A. Fences
surrounding private tennis courts or athletic fields shall not exceed
twelve (12) feet in height with exit gates at required intervals.
The minimum setback from any property line for such fencing shall
be six (6) feet. At least the top four (4) feet of a twelve (12) foot
fence shall be open or woven wire construction.
B. Fences
enclosing an institution, public playground, schools or a commercial
or industrial site shall not exceed eight (8) feet in height with
exit gates at required intervals.
C. Nothing
shall restrict the erection of necessary backstops and the like for
softball or baseball diamonds or other athletic grounds requiring
backstops, provided such backstops are constructed of wire mesh, chain
link or similar material on metal tubular framing.
D. A fence
may be permitted within a front yard if it is a decorative fence and
is approved by the Planning and Zoning Commission.
[Ord. No. 22-2008 §1, 6-23-2008]
A. All
fences shall be in an upright condition. No person shall permit, cause,
keep, maintain or allow a fence within the corporate limits of the
City of Herculaneum in a dilapidated or dangerous condition.
B. Fences
designed for painting or similar surface finishes shall be maintained
in their original condition as designed.
C. Missing
boards, pickets, posts or other sections of fencing material shall
be replaced in a timely manner with material of the same type and
quality.
D. Fences
shall have adequate footings, foundations or post depth and size as
required by the International Building Code.
E. The
maximum board width for wood privacy fences is twelve (12) inches
for solid, staggered or "basket weave" fences. Framing members for
wood privacy fences may be made of metal. Solid panels such as plywood,
wafer board, etc., shall not be allowed, except for temporary construction
site barriers, which shall be removed upon completion of the construction
project.
F. All
framework of a wooden fence, privacy or decorative, shall be on the
inside portion of the fence and all posts of a wire/chain link fence
shall be inside of the fabric.
G. An
ornamental divider, plastic chains, posts or like materials erected
along driveway or sidewalks on the interior of a lot shall not be
considered a fence.
[Ord. No. 22-2008 §1, 6-23-2008]
A. Any Sharp Pointed Fence. Also, no fence shall be constructed
solely of a single wire or of two (2) wires between posts or supports.
B. No
fence shall be constructed in whole or in part of barbed wire, except
for fences constructed in an agricultural district for agricultural
uses and security fences constructed in heavy industrial districts
or light industrial districts, pursuant to the provisions set forth
in the following sentence. The top wire or wires on security fences
at least eight (8) feet in height may be made of barbed wire, provided
the brackets supporting the barbed wire are securely fastened to the
fence posts and are angled toward the property and, provided further,
that no strand of barbed wired shall be closer than seven (7) feet
to the ground.
C. No
person shall erect or maintain any division fence or screen, in whole
or in part, of cloth, canvas, metal sheeting, plywood, wafer board
or other similar material, unless otherwise herein.
D. No
person shall permit any fence erected or maintained on premises owned,
occupied or leased by him to be used for advertising purposes.
E. No
person shall connect any type of electrical current to any existing
or newly constructed fence.
[Ord. No. 22-2008 §1, 6-23-2008]
At such time as a lot which is zoned commercial or industrial
is developed adjacent to a lot which is zoned residential, a permanent
screening consisting of a masonry wall, wood fence, seeded berm, landscaping
material or combination thereof at least six (6) feet in height shall
be installed by the developer of the commercial or industrial zoned
lot. The screen shall be installed between the commercial or industrial
lot and the residential lot. The required screening shall have a opacity
of at least eighty percent (80%) year-round and, if landscaping is
used, the eighty percent (80%) opacity shall be achieved within four
(4) growing seasons. The required screening shall be maintained in
good order and not allowed to exist in a state of disrepair or neglect
and the opacity requirement shall be maintained. If wood fencing is
used, it shall be durable in nature and a color that accents the development.
Failure to maintain the required screening shall be considered a violation.
[Ord. No. 22-2008 §1, 6-23-2008]
All fences shall be built by the party desiring and shall not
have any part of the fence encroaching upon adjoining property.
[Ord. No. 22-2008 §1, 6-23-2008]
A. Any
person, who erects, builds or constructs any fence or privacy screen
upon property, which such person owns, leases or rents, shall be responsible
for the repair, upkeep and maintenance of the fence or privacy screen
and any area adjacent thereto.
B. Any
person who contracts with another or causes another to erect, build
or construct a fence or privacy screen shall be responsible for the
repair, upkeep and maintenance of that fence or privacy screen and
any area adjacent thereto.
C. Any
person who owns property upon which a previous owner has constructed
a fence or privacy screen 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
shall be responsible for its upkeep and maintenance. If ownership
of a fence located upon a lot line is joint or cannot be determined,
then each party owning property adjacent to the fence shall be responsible
for the care, upkeep and maintenance of that side of the fence facing
their property. For the purposes of this paragraph, the owner of a
fence shall be deemed to be any person, persons or their successors
who purchase or otherwise acquired property from a person who originally
erected or caused a fence to be erected thereon.
D. All
fences that exist as of the effective date of this Section shall be
kept and maintained in good repair.
[Ord. No. 22-2008 §1, 6-23-2008]
The Building Official or the Mayor's designee 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 on which a fence is located shall
allow the Building Official access to inspect said fence to determine
whether it complies with the provisions of this Section. When the
building inspector finds upon inspection or receipt of a complaint
that a fence has not been constructed, maintained or repaired as required
by this Section, the Building Official shall give written notice at
least five (5) days in advance of the date of an intended inspection
to the parties in interest advising them of the time and place that
the fence will be inspected. The Building Official 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 owner or person responsible
for the 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 Official shall have
the authority to cause a complaint to be filed in Municipal Court
against the responsible party or parties.
[Ord. No. 22-2008 §1, 6-23-2008]
The City of Herculaneum shall not be responsible for the enforcement
of any agreement relative to mutual or separate payment for the cost
of construction of fences. In addition, the City shall not be responsible
for the determination of the location of any fence to be erected,
built or constructed on a lot line.
[Ord. No. 22-2008 §1, 6-23-2008]
All fences or other like structures erected or maintained in
violation of this Chapter are hereby deemed and declared to be a nuisance
and any owner or person responsible for maintaining the fence shall
be guilty of the misdemeanor. Each day that such nuisance exists shall
be deemed a separate offense, with each offense punishable in accordance
with the provisions of this Section. Upon conviction thereof the owner
or occupant shall be punished by a fine not to exceed five hundred
dollars ($500.00) or by imprisonment not to exceed sixty (60) days
or both such fine and imprisonment.