[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984
by Ord. No. 895 as Ch. 134 of the 1984 Code. Amendments noted
where applicable.]
CHARTER REFERENCES
Department of Buildings and Inspection — See Ch. 7, Sec. 7.13.
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:
A hedge, structure or partition erected for the purpose of enclosing
a piece of land or to separate two contiguous pieces of property.
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.[1]
A non-sight-obscuring decorative wooden or metal structure used to
enhance, accent or protect the landscaping of the site.
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.
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.
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 3-14-1995]
A.
No person, their lessee or agent shall construct or maintain
a barbed-wire fence, fences with sharp or pointed tops, affixed spikes, projecting
nails, other pointed instruments of any kind or fences which carry electrical
current.
B.
Barbed-wire or similar approved material may be installed
in commercial or industrial zoning districts on those sides abutting nonresidential
uses.
[Amended 3-14-1995]
A.
No fence shall be installed on any public right-of-way.
B.
No fence shall be permitted in the front yard area of a residential district except on the exterior lot line of a corner lot. For a corner lot, a fence no higher than three feet above the established grade level of the public sidewalk will be allowed. Landscape treatment, as defined in § 134-3, shall be permitted in any front yard areas, provided that they do not exceed three feet in height above the public sidewalk, 32 feet in total length, 16 feet in one continuous direction and are erected at least one foot from the public sidewalk. Any such plantings shall be maintained to conform to these restrictions at all times.
[Amended 12-14-1999 by Ord. No. 1130]
C.
Privacy screens are permitted in the rear yard, provided
that they do not exceed six feet in height and are located no closer than
three feet from any lot line.
D.
No fence may be constructed that will obstruct the view
from a driveway within six feet of either side at the point where the driveway
crosses any sidewalk, alley, street or public way.
E.
No fence in a residential district shall be higher than four feet, except for privacy fences as provided for in § 134-7 of this chapter. The heights of fences in all other districts shall be no higher than eight feet and shall not be installed in the front yard setback area unless approved by the Building Director, Police Chief and Fire Chief, or their designees.
F.
No snow fence shall be erected without approval of the
Director of Public Works.
G.
The City shall not be responsible for the enforcement
of any agreement relative to mutual or separate payment for the cost of construction
of fences, nor shall the City be responsible for the determination of the
location of any fence to be constructed on lot lines.
[Amended 3-14-1995]
A.
No fence shall have an opening of less than the size
of the material used, and no fence material shall be greater than four inches
in width, except privacy fences, which may be totally obscuring.
B.
All fence posts must be sunk in the soil to a depth of
three feet and shall be no further than 10 feet apart.
C.
All fences shall be maintained in a safe condition so
as not to become a nuisance.
[Amended 2-25-2003 by Ord. No. 1173]
D.
Fences shall be constructed of wood, metal or masonry
and other acceptable materials. Only new material or material which is as
structurally sound as new material shall be used.
[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:
(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[1]]
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]
A.
Applications for variances to this fence ordinance shall
be made to and granted by the Roseville Zoning Board of Appeals upon a showing
that the strict application of the regulations of this chapter would result
in peculiar or exceptional practical difficulties to or exceptional undue
hardships upon the applicant, provided that such relief may be granted without
substantial detriment to the public good and substantially impairing the intent
and purpose of this chapter. In granting a variance, the Board may attach
thereto such conditions regarding the location, character and other features
of the proposed fence as it may deem reasonable in furtherance of the purpose
of this chapter.
B.
The concurring vote of five members of the Board shall
be necessary to reverse any order, requirements, decision or determination
of the Building Director or to decide in favor of the applicant for variance
to this fence ordinance.
[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.
