[HISTORY: Adopted by the City Commission
of the City of Royal Oak 9-23-1991 by Ord. No. 91-17; amended in its entirety 10-10-2022 by Ord. No.
2022-06. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 770.
This chapter shall be known and may be cited as the "City of
Royal Oak Fence Ordinance."
For the purposes of this chapter, certain words used herein
are defined as follows:
A barrier erected upon, or immediately adjacent to, a property
line for the purpose of separating properties, or for screening, enclosing,
and/or protecting the property within its perimeter. A fence shall
not include construction site barriers, landscape treatments, or privacy
screens as defined herein.
A barrier erected within the interior of a parcel of property
and not upon, or immediately adjacent to, a property line for the
purpose of obscuring patios, decks, courtyards, swimming pools, and
other similar outdoor features, from observation by persons outside
the perimeter of the property. Privacy screens shall not include landscape
treatments.
Opaque or having such qualities as to constitute an effective
visual barrier in the determination of the City's Chief Building
Inspector. A chain-link fence, in the absence of slats, shall not
be considered sight-obscuring.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the principal
building and the front lot line, and measured perpendicular to the
building at the closest point to the front lot line. In all cases,
the front lot line shall be considered to be that portion of the lot
which abuts a public road right-of-way or private road easement.
A yard extending across 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 principal building. In the case of a
lot which comes to a point at the rear, the rear lot line shall be
that imaginary line parallel to the front lot line, not less than
10 feet long, lying wholly within the lot and the farthest from the
front lot line.
A yard between any building and the side lot line, extending
from the front yard to the rear yard. The width of the required side
yard shall be measured horizontally from the nearest point of the
side lot line to the nearest point of principal building.
A.
All fences and privacy screens shall be erected, constructed, or
reconstructed in compliance with the approved site plan for that property.
B.
No fence shall be erected, constructed, or reconstructed on adjacent property. No fence shall be erected, constructed, or reconstructed to a height of more than six feet above the adjoining ground level of the owner's or lessee's property. No fence shall be erected, constructed, or reconstructed to a height of more than four feet above the adjoining ground level of the owner's or lessee's property when placed in a front yard as defined by § 323-2. Along shared property lines, the least restrictive regulation requirement shall apply.
C.
On any corner lot, no sight-obscuring fence shall rise over three
feet in height above the established lowest level of the adjacent
sidewalk or right-of-way if no sidewalk exists within the triangle
formed by the two property lines which meet at the street intersection
and a line drawn between points located on said property lines and
10 feet away from the point of intersection.
D.
No sight-obscuring fence or privacy screen that is located within
10 feet of the intersection of any driveway with a public sidewalk,
alley, or right-of-way shall rise over three feet in height above
said sidewalk, alley, or right-of-way in order that the visibility
of a driver of a vehicle using said driveway shall not be obstructed.
E.
No privacy screen shall be erected, constructed, or reconstructed to a height of more than eight feet above the adjoining level of the owner's or lessee's property. Privacy screens must be set back a minimum of six feet from the property line and are permitted only within a rear yard as defined by § 323-2.
F.
No fence shall be constructed so as to encroach into the public right-of-way,
provided that such encroachment may be permitted by the Royal Oak
City Commission upon request and a showing that a necessity exists
for such encroachment. The decision of the City Commission shall be
final and binding.
G.
All constituent materials of a fence or privacy screen, except for
bolts, screws, nails, or other such hardware, shall be of identical
or similar type, or of such other materials as are, in the judgment
of the Chief Building Inspector, reasonably compatible. All materials
used must be approved by the Chief Building Official. Old or used
materials shall not be permitted to constitute any portion of a fence
or privacy screen unless such materials shall be reasonably sound
in the judgment of the Chief Building Inspector.
Any person, firm, or corporation that owns or leases property
upon which a fence or privacy screen is located shall be responsible
for the repair, upkeep, maintenance, and reconstruction of any such
fence or privacy screen and any area adjacent thereto. If ownership
of a fence located upon a property line is joint or cannot be determined,
then each party owning or leasing property adjacent to the fence shall
be responsible for its care, upkeep, and maintenance.
A.
The Chief Building Inspector or his or her designee may inspect any
fence to determine whether it conforms with the provisions of this
chapter. Any person who erects, constructs, builds or causes to be
erected, built, or constructed a fence, or who owns or leases property
upon which a fence is located, shall permit the Chief Building Inspector
or his or her designate access to inspect said fence to determine
whether it complies with the provisions of this chapter.
B.
Failure to comply with any written notice from the Chief Building
Inspector or his or her designate shall be deemed a violation of this
chapter.
C.
Appeal from a decision of the Chief Building Inspector shall be permitted
to the Zoning Board of Appeals in a manner and in conformance with
the rules promulgated by that Board.
D.
The Zoning Board of Appeals may grant a waiver from requirements
of this chapter, only upon a showing of practical difficulties in
the way of carrying out the strict letter of this chapter, so that
the spirit of this chapter shall be observed, public health, safety,
and welfare secure, and substantial justice done.
E.
Upon the receipt of any request for a waiver of any provision of
this chapter, the Zoning Board of Appeals shall conduct a public hearing
and give due notice of the time and place of such hearing to all property
owners abutting the property which is the subject of the waiver request.
F.
All fences and privacy screens shall comply with all other ordinances
of the City and applicable state law.
A.
Required. It shall be unlawful to construct or install, or cause
to be constructed or installed, any fence upon any property within
the City of Royal Oak without first obtaining a fence permit.
B.
Application. Applications for fence permits shall be filed with the
Building Department prior to the construction or installation of the
proposed fence. Such applications shall state:
(1)
The name and address of the applicant.
(2)
The property address of the proposed fence location and the name
of the owner of the property.
(3)
The proposed location of the fence in reference to all lot lines,
drives, walkways, other fences, streets and buildings located on the
subject property and properties adjacent thereto.
(4)
The nature and type of fence to be constructed or installed, including
posts and supporting members.
(5)
The proposed height of the fence.
(6)
Such other and further information necessary to meet the requirements
of this chapter.
C.
Standards for issuance. The Building Official or his agents shall
grant and issue such fence permit if:
D.
Deed restrictions or other covenants. The issuance of a fence permit
under this section is not intended nor should it be construed to abrogate
or modify the applicant's duties as contained in covenants and
restrictions arising from a deed or other document. The City will
not review covenants or building and use restrictions before the issuance
of a fence permit.
A.
A person violating this chapter for the first time is responsible
for a municipal civil infraction and is subject to payment of a civil
fine of not less than $50, plus costs.
B.
A person violating this chapter for the second time is responsible
for a municipal civil infraction and is subject to payment of a civil
fine of not less than $100, plus costs.
C.
A person violating this chapter for the third time is responsible
for a municipal civil infraction and is subject to payment of a civil
fine of not less than $200, plus costs.
D.
A person violating this chapter for the fourth or subsequent time
is guilty of a misdemeanor, punishable by a fine of not more than
$500 or imprisonment for not more than 90 days, or to both such fine
and imprisonment in the discretion of the court.
