[CC 2000 §405.210; Ord. No. 842 §1, 8-25-1987]
For the purposes of this Article, the following terms shall be construed as follows:
- Any barriers made of wire, wood, stone, brick, pipe, concrete, plastic or any other materials or combination of materials or any live growth such as hedges, bushes, trees or combination of live or structural matter and shall be construed to be either an enclosed fence or non-enclosed barrier of either functional or ornamental nature.
- FRONT BUILDING LINE
- The front wall of the structure excluding porches, overhangs, soffits, carports and other protrusions extending beyond the main front wall.
[CC 2000 §405.220; Ord. No. 842 §2, 8-25-1987]
A permit must be first obtained to erect or replace any fence authorized by this Article on any property within the City of Pagedale. Such permit shall be issued only pursuant to the terms and conditions of this Article.
The application for such permit shall be signed only by the owner or owners of record of the property upon which the proposed fence is to be erected or their designated representative.
The plans and specifications of the proposed fence shall be submitted to the City Clerk. The City Clerk shall forward the application and plans and specifications to the Building Commissioner for review and approval.
Upon approval of the application by the Building Commissioner, the City Clerk shall issue a permit. The cost of the permit shall be twenty-five dollars ($25.00). The City Clerk shall maintain a record of all such permits issued. All permits issued under this Section shall expire sixty (60) days from the date of issue but may be renewed for one-half (½) of the original permit fee.
Any unauthorized revision of the approved plans and specifications shall be grounds for revocation of a permit. Unworkmanlike construction shall also be grounds for revoking a permit. Any such unauthorized structure must be removed within thirty (30) days of notification.
The Building Commissioner shall be responsible for inspecting the installation of any fence and determining if it conforms to the fence permit.
[CC 2000 §405.230; Ord. No. 842 §3, 8-25-1987; Ord. No. 987 §1, 7-27-1992]
Open. Shall be construed to mean any structure having not less than fifty percent (50%) clear vision in horizontal direction through such fence.
Closed. Any structure having less than fifty percent (50%) clear vision in horizontal direction through such fence of material and design approved by the Building Commissioner.
Natural. Any fence consisting of live growth, such as hedges, bushes, shrubs, trees or other growth.
Decorative Border Fence. Any fence constructed of wood, plastic, metal or similar material not exceeding twelve (12) inches in height and aesthetically compatible with surrounding property as determined by the Building Commissioner.
[CC 2000 §405.240; Ord. No. 842 §4, 8-25-1987; Ord. No. 895 §1, 7-13-1989]
All fences shall conform to the following rules regarding location and size.
Construction and size. No fence of any kind, description or nature shall be permitted to be constructed or erected which shall extend beyond the front building or setback line of any dwelling or other structure, nor shall such be permitted to run parallel with the street line between the area of the street line and the front setback or building line of such dwelling or structure.
Open fence. An open fence may be constructed on the side and rear lot lines of any property, but must not exceed six (6) feet in height above high side of line. No open fence may extend beyond the front building line of any home nor across the front of any home between the street and house. On corner lots, the fence must not extend beyond the building line of either street or line of building, whichever is closest to curb. Fence post, when used, must be on the inside face of fence and the exterior face must present an even and attractive appearance. Fences constructed of metal wire shall have a minimum of twelve (12) gauge diameter.
Closed fence. A closed fence to obtain privacy may only be erected in the rear yard of any property, providing it does not exceed eight (8) feet in height. Fence posts must be on the inside of the fence and the exterior face must present an even and attractive appearance.
City or commercial open fence. The City of Pagedale or any commercial establishment located within the City of Pagedale may erect an open fence on its property, but said open fence shall not exceed eight (8) feet and any commercial establishment may add up to one (1) foot of barbed wire to the top of any such fence which exceeds six (6) feet in height and said barbed wire may face inward, outward or both inward and outward. Fence posts must be on the inside of the fence and the exterior face must present an even and attractive appearance.
Natural. A natural fence may be planted of any normally used live growth, non-objectionable in nature, on or near lot lines. It shall be kept in trim to a height not exceeding five (5) feet behind the front building line of any home and to a height not exceeding three (3) feet in front of any building line of any home.
Nothing in this Section shall be construed to permit anyone to construct, erect, plant or grow any fence on the street right-of-way between the curb line and the property line. The Board of Alderpersons may permit a natural fence to be planted within the street right-of-way; provided however, that no such natural fence shall be planted closer than eight (8) feet to the curb line. Any structure or growth located within the street right-of-way must be removed within fifteen (15) days of mailing of a notice to so remove addressed to the owner or resident by the City. If at the end of the fifteen (15) day waiting period the structure or growth has not been removed, then the City shall cause it to be removed and shall issue a bill to the owner or resident for reasonable charges and fees for removing such structure or growth. The City shall not be liable for preservation of any material or growth for future use.
Nothing in this Section shall be constructed to permit anyone to construct, erect, plant or grow any fence of any height along the side of a home or dwelling unit from the front building line to the rear building line when said house or dwelling unit is situated on a lot thirty-five (35) feet or less in width.
Nothing in this Section shall be construed to permit anyone to construct, erect, plant or grow any fence along the side of a home or dwelling unit from the front building line to the rear building line when said fence would be located within three (3) feet of an adjoining driveway.
Decorative border fence. A decorative border fence may be installed along walkways, driveways, planting areas and trees; provided however, that such decorative border fence shall not extend into the street right-of-way between the curb line and the property line. A permit shall not be required for the installation of a decorative border fence.
Commercial privacy fence. A commercial privacy fence shall be required to render invisible to the public dumpsters, stockpiled material stored outdoors, salvage and any other items which are deemed a nuisance to the general public. The intent of this Section being to preserve the public health, safety and welfare, as well as the aesthetic beauty of the City. The Housing and Sanitation Investigator or Building Commissioner shall determine whether such a fence is required. A "commercial privacy fence" shall be construed to mean any barrier made of overlapped planks, slats interwoven throughout a chain link fence, stockade type or of any material determined to be acceptable by the Housing and Sanitation Investigator or Building Commissioner.
[CC 2000 §405.250; Ord. No. 842 §5, 8-25-1987]
Corner marker fences for lot line intersections with street right-of-way line may be permitted provided that:
They do not exceed three (3) feet in height at corner, nor extend more than six (6) feet in either direction from corner, nor exceed two (2) feet six (6) inches in height at ends.
They are made of either "open" or "natural" material or combination of the same.
Only one (1) corner post may be erected for purposes of attaching an ornamental light, name or address of dwelling or mailbox support be a maximum of eight (8) feet in height.
[CC 2000 §405.260; Ord. No. 842 §6, 8-25-1987]
An ornamental front barrier of approved design not exceeding two (2) feet in height may be erected across the front of any home no closer to the street than the front property line. Design and materials shall be approved by the Building Commissioner and a permit issued in the same manner as for any other fence required by this Article. This barrier must not be continuous across any walk or driveway, nor shall the barrier be equipped with any gate or other means for closing the barrier at any walk or driveway.
[CC 2000 §405.270; Ord. No. 842 §7, 8-25-1987]
The condition of the fence shall be maintained as originally constructed or it shall be removed in its entirety.
[CC 2000 §405.280; Ord. No. 1029 §§1 — 2, 2-10-1994]
Notwithstanding any foregoing provisions of this Article expressly to the contrary and subject to all of said Article's provisions as to application, review, approval and enforcement, there shall be permitted application by owner of used car lots within the City for a fence being of open design and not to exceed four (4) feet in height on those portions of the premises facing commercial establishments or commercially zoned lots and portions of the premises facing residential property or residentially zoned lots around the perimeter of said lot for the purpose of securing motor vehicles thereon stored from theft and/or vandalism and for approval of the same pursuant to this Article.