This chapter shall be known as the "Fence Ordinance."
[Amended 3-14-1995]
As used in this chapter, the following terms shall have the meanings set forth in this section:
FENCE A hedge, structure or partition erected for the purpose of enclosing a piece of land or to separate two contiguous pieces of property.
FRONT YARD An open space extending the full width of the lot, the depth of which is the horizontal distance between the front lot line and the minimum front yard setback line as required by the Zoning Ordinance.
LANDSCAPE TREATMENTS A non-sight-obscuring decorative wooden or metal structure used to enhance, accent or protect the landscaping of the 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.
REAR YARD An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.
SIDE YARD An
open space between a main building and the side lot line, extending from the front yard to the rear of the main building, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. Where a side yard abuts a street, it shall be considered an exterior side yard.
[Amended 2-24-1998 by Ord. No. 1104]
[Amended 3-14-1995]
Hedges, ornamental shrubs, trees, bushes and all kinds of plants shall be considered fences for the purpose of this chapter when placed in a manner or position to serve as such.
[Amended 6-9-1987 by Ord. No. 954; 3-14-1995 by Ord. No. 1066]
A. Privacy fences are defined as privacy screens that are less than three feet from the property line. These fences consist of material constructed to inhibit light, ventilation and sight through the fence. Privacy fences will be allowed in a residential district when the following conditions are met:
[Amended 12-20-1995 by Ord. No. 1075; 2-24-1998 by Ord. No. 1104; 2-25-2003 by Ord. No. 1173]
(1) Upon payment of applicable fees, an installation permit shall be obtained from the Roseville Department of Buildings and Inspections.
(2) In case of a corner lot, approval must first be obtained from the Director of Buildings and Inspection, Chief of Police and City Manager, or their designees after, review.
(a) If abutting the City right-of-way, no privacy fence or screen shall be closer than twenty-five feet from the City right-of-way.
[1] Exception. For each one foot the privacy fence is away from the adjacent property line, the privacy fence may encroach upon the twenty-five-foot required setback by one foot.
(b) Privacy fences may not be installed within the required front yard setback area of an abutting property owner, unless first obtaining written permission from said property owner.
(3) No fence shall be higher than six feet.
(4) All fences are to be of an ornamental type.
(5) All fences shall be installed and supported independent of any other fence or structure and must be supported fully, from top to bottom.
(6) All fences shall be continually maintained in the original conditions as approved for installation by the Roseville Department of Buildings and Inspections.
(7) Unless the following requirements are waived by the abutting property owner on a form prescribed by the City of Roseville, the following are required:
(a) No fence shall be installed closer than two feet from an existing property line unless any existing fence is removed.
(b) Fences are to be installed four inches above the ground.
(c) The support posts of the fence are to be installed facing the permit applicant's property.
(d) No fence shall be installed in a side yard, as defined in §
134-2.
(8) Hedges, shrubs and/or any combination of such plant growth serving as a screening fence shall not be permitted closer than two feet from an existing lot or property line unless a written waiver is received from the owners of the adjoining property to which said screening fence is closer than two feet.
B. It shall be unlawful for any person or entity to erect, construct, alter or maintain any privacy and/or screening fence or cause or permit the same to be done contrary to or in violation of any of the conditions of this section, and any violator shall be subject to the penalties set forth in §
134-11 of this chapter.
C. Effective with the adoption of this section, any privacy fence previously installed and any hedge, shrubs or trees or any combination thereof used as a screening fence may continue to be maintained, repaired and/or trimmed, but may not be enlarged to a height in excess of six feet or allowed to encroach upon adjoining properties.
[Added 12-20-1995 by Ord. No. 1075]
[Added 2-25-2003 by Ord. No. 1173]
It shall be unlawful for any person or entity to erect, construct, alter or maintain any fence or cause or permit the same to be done contrary to or in violation of any of the conditions of this chapter, and any violator shall be subject to the penalties set forth in this chapter.
[Added 2-25-2003 by Ord. No. 1173]
Effective with the adoption of this section, any fence previously installed and any hedge, shrubs or trees or any combination thereof used as a screening fence may continue to be maintained, repaired and/or trimmed, but may not be enlarged to a height in excess of six feet or allowed to encroach upon adjoining properties. In the event a fence previously installed or any hedge, shrubs, trees or any combination thereof used as a screening fence are destroyed more than 50% or more than 50% must be replaced, said repair or replacement must be in conformance with all sections of this chapter and shall no longer be deemed a nonconforming fence.
[Amended 3-14-1995; 12-20-1995 by Ord. No. 1075; 7-27-1999 by Ord. No. 1125; 2-25-2003 by Ord. No. 1173]
Any person, firm or other business entity violating any provisions of this chapter shall be guilty of a misdemeanor, subject to fines and costs up to $500 and/or 93 days in jail. Each day of noncompliance shall be deemed a separate offense.