[R.O. 2017 § 525.010; Ord. No. 18-02, 3-20-2018]
The provisions of this Chapter shall
apply to the construction, installation, reinstallation, alteration,
replacement, repair, relocation and maintenance of fences and walls.
The purpose of this Chapter is to provide minimum requirements to
safeguard life, health, property and public welfare, by regulating
and controlling the construction and location of fences and walls
to provide a pleasing urban environment for the City of Battlefield.
[R.O. 2017 § 525.020; Ord. No. 18-02, 3-20-2018]
A. General. All materials, including fasteners,
supports, ornamental decorations, etc., used in construction of fences
and walls, as defined herein, shall be resistant to the elements.
B. Prohibited. The following materials shall
be prohibited in the construction or use with fences and walls, as
defined herein:
1.
Razor wire (concertina wire);
3.
Chicken wire, poultry netting, plastic
snow fence, livestock panels and similar materials;
5.
Concrete masonry units (cinder block);
and
6.
Tires, pallets or other material
not specifically designed to be used as a fence.
C. Exceptions.
1.
Security fences for use in commercial
or manufacturing zoning districts may be comprised of chain link and
barbed or razor wire and may be located in the front, side, and rear
yards of the property, subject to approval by City staff. All barbed
or razor wire shall be placed no less than seven (7) feet above the
finished grade.
2.
Split-faced concrete masonry units
may be used in any zoning area as long as nominal heights do not exceed
six (6) feet and are placed on a permanent concrete foundation.
3.
In-ground pet containment fencing.
[R.O. 2017 § 525.030; Ord. No. 18-02, 3-20-2018]
A. Fences and walls can be installed up to
the property line; but all fence posts and pickets shall be located
completely within the property line(s) of the lot on which they are
located.
B. All fences and walls erected adjacent to
a public street shall have the finished side of the fence facing toward
the street.
C. Fences in front yards shall be at least
fifty percent (50%) open and consist of an ornamental-type fence,
including wrought iron/aluminum, picket, split-rail or other decorative
fence material approved by the City staff.
D. No fence may be constructed that may impede
the natural flow of stormwater. Fences in or across drainage swales
and easements must be erected so there is enough room under the bottom
of the fence for stormwater to pass through.
E. Fences are limited to six (6) feet in height
in rear yards and a maximum of four (4) feet in front yards. A maximum
fence height of eight (8) feet is allowed where a side, corner side
or rear property line abuts a non-residential zoning district or City
streets, provided such fence height does not interfere with required
traffic visibility at intersections or driveways. City staff may approve
the eight-foot-height fences in other areas due to special circumstances.
F. In no case shall a fence encroach into
a public space or into a sidewalk. All fences shall remain a minimum
of twelve (12) inches from the closest sidewalk edge.
G. In cases where fences are not erected on
property lines due to easement or other restrictions, a pedestrian
gate shall be installed within the fence that allows access to the
unenclosed space for maintenance activities.
[R.O. 2017 § 525.040; Ord. No. 18-02, 3-20-2018]
A. Authority To Continue. Any fence or wall
which does not comply with the applicable requirements may be continued
so long as it remains otherwise lawful.
B. Enlargement, Repair, Alteration. Any non-conforming
fence or wall shall not be enlarged, repaired or altered without obtaining
a building permit and shall thereafter conform to the regulations
of this Chapter.
C. Moving. Non-conforming fences or walls
shall not be moved in whole or part for any distance whatsoever to
any other location on the same lot or any other lot unless the entire
fence or wall shall thereafter conform to the regulations of this
Chapter.
D. Unlawful Acts. It shall be unlawful for
any person, firm or corporation to install, alter, repair or move
a fence or wall, or cause the same to be done, in conflict with or
in violation of any provisions of this Chapter.
E. Violations And Penalties. Any person found guilty of violating this Chapter shall be penalized in accordance with Section
100.220 of this Code.
F. All ordinances and parts of ordinances
in conflict with the provisions of this Chapter or any part of the
Code adopted herein by reference are hereby repealed.