As used in this chapter, the following terms shall have the
meanings indicated:
FENCE
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.
Application for such fences shall be made, in writing, to the
Division of Building Inspection and shall set forth the following
information:
A. The owner and address of the premises where the fence is to be erected.
B. A description and specification of the fence, including size, height,
dimensions, material and percentage of openings.
C. A sketch plan of the proposed location of the fence in relation to
lot lines.
[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.
[Amended 12-27-1988 by Ord. No. MC 2876]
A. 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.
B. 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]
All fences shall be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way or watercourse. Fences erected on any corner lot shall conform to §
650-11D of said Chapter
650, Zoning.
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.