[HISTORY: Adopted by the Municipal Council of the Township of Irvington 2-22-1983 by Ord. No. MC 2686 (Ch. 100 of the 1981 Revised Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured or natural material or combination of materials which encloses land or divides one piece of land from another. A retaining wall shall not be considered a "fence" so long as the top of the wall does not extend above the grade of the land it is retaining.
No fence shall be erected within the Township unless the owner of the premises, or his representative authorized in writing to make such application, shall first have obtained a permit from the Division of Building Inspection, except that no permit shall be required for any fence constructed by the Township or any of its boards, authorities, commissions or agencies.
Prerequisite for issuance of permits.
[Added 8-13-1991 by Ord. No. MC 2929]
No permit shall be issued to any applicant who is the owner of property wherein a permit is sought unless and until any delinquent property taxes or assessments on such property are paid and current.
The applicant shall supply a certificate from the Township Tax Collector that all property taxes and assessments are paid and current on the subject property.
Editor's Note: Section 4 of this ordinance provided as follows: "The issuance or maintenance of licenses or permits under any provision of this ordinance will not be withheld or denied if such action will jeopardize the health and safety of the citizens of Irvington."
Application for such fences shall be made, in writing, to the Division of Building Inspection and shall set forth the following information:
[Amended 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The fees for a permit to erect a fence for a one- through six-family residential application and for business, commercial, industrial and all other residential applications are set forth in Chapter 240, Construction Code, Uniform.
Residential uses. No fence hereinafter erected, altered or reconstructed in a residential district shall exceed four feet in height above ground level when located at a distance closer to any street line than the front setback line prescribed for said district, nor shall any fence exceed six feet in height above ground level when located at a distance equal to or greater than the front setback line prescribed for said district; provided, however, that, due to the pressing need for heightened security in large apartment complexes, perimeter fences around apartment complexes of 500 or more contiguous units may be eight feet in height above ground level when located at a distance closer to any street line than the front setback line prescribed for said district or when located at a distance equal to or greater than the front setback line prescribed for said district.
[Amended 12-27-1988 by Ord. No. MC 2876; 4-23-1996 by Ord. No. MC 3033]
Editor's Note: Former § 100-5B of the 1981 Revised Code, Other residential uses, as amended, which previously followed this subsection, was repealed 12-27-1988 by Ord. No. MC 2876.
Nonresidential uses. No fence hereafter erected, altered or reconstructed in the B-1 and B-2 Districts shall exceed a height of eight feet above ground level, however, when site plan review is required, the approving agency shall have the right to waive this requirement when justified for safety or security reasons or for special screening purposes.
No fence hereafter erected, altered or reconstructed in the M-1, M-2, and O-1 Districts shall exceed the height of 10 feet above ground level.
[Amended 3-28-2006 by Ord. No. MC 3316]
Where there is a difference in ground level between two adjacent lots, the ground level of the higher lot shall be used in determining the permissible height of any fence erected between said lots.
Exceptions. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding 15 feet in height above ground level anywhere within a public park, public playground or public school properties.
[Amended 12-27-1988 by Ord. No. MC 2876]
Except as otherwise provided herein, the following fences and fencing materials are specially prohibited in any location: barbed-wire fences, homemade fences made from pipe, sharp pointed fences (including but not limited to cyclone fences, with sharp points extending above the upper protective bar), canvas, cloth or electrically charged fences, poultry netting, temporary fences, expandable fences and collapsible fences, or fences topped with broken glass, stone or metal spikes.
In the M-1 and M-2 Districts, not more than four strands of barbed wire may be added to the top of fencing, provided that the same is a minimum of eight feet above ground level.
All fences shall be erected with the face or finished side away from the property and the structural side toward the interior of the property. Fence gates shall have a latch and shall open into the property and not onto the sidewalk, street or other adjacent property.
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Division of Building Inspection.
[Amended 12-27-1988 by Ord. No. MC 2876]
Except as provided herein, any fence in existence on or before the effective date of this chapter and not located outside of the property lines may continue in existence without compliance with this chapter except that the fence shall be kept painted, where applicable, and in good repair. However, no such fence, destroyed or removed, shall be replaced except in conformity with this chapter.
If the Building Inspector, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and shall state briefly the reasons for such findings and order such fence or portion of such fence repaired or removed within 30 days of the date of written notice.