The intent of this article is to promote the public health, safety and welfare by regulating the construction, location, and appearance of fences, privacy screen walls, hedges, and other types of protective barriers in the City of Grosse Pointe.

(Ord. No. 343, § II, 10-20-03)

For the purpose of this article the following definitions apply.

"Construction site barrier" means a temporary fence erected to protect a construction site from vandalism and unauthorized entry. Construction site barriers do not require a permit unless the barrier will be in place for more than one year or if the intended fence is requested to be placed on the public right-of-way.

"Fence" means a structure erected to act as a boundary marker, or erected for the purpose of restricting access to or from a lot or parcel of land, whether enclosing all or part of said lot or parcel. A fence requires a building permit.

"Fence owner" means the person or entity that owns the property upon which a fence is erected.

"Front building line" means the line established by the main wall of the front of the primary building, extending to each side of the lot line.

"Front lot line" means in the case of a lot abutting upon one public or private street the line separating such lot from such street right-of-way. In the case of any other lot, the owner shall, for the purpose of this ordinance, have the privilege of electing any street lot line as the front lot line, providing that such choice, in the opinion of the building inspector, will not be injurious to the existing, or the desirable future, development of adjacent properties.

"Front yard" means for the purpose of this article a yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and five feet behind the front building line.

"Hedge" means any bush, shrub, or any living green fence of any nature encircling, either wholly or any portion of any given area. A hedge must be maintained one foot behind the sidewalk.

"Landscape retaining walls" means a non-sight obscuring decorative structure used to enhance, accent, support or protect the landscaping of the site (e.g. boulders, timbers, pre-cast concrete, etc.). A landscape retaining wall must be maintained two feet behind the sidewalk. Landscape retaining walls where the grade on each side of the barrier differs by greater than 24 inches require a building permit.

"Ornamental fence" means a fence, including but not limited to a fence, gate, or arbor designed in such a manner and of such materials that it is erected for purposes other than the practical one of preventing persons or domestic animals from passing through it. Ornamental fences require a building permit.

"Privacy fence" means a fence of opaque material having such qualities as to constitute a visual barrier. A visual barrier is provided if less than 50 percent of the vertical service of the fence is open to the free passage of air and the distance or open space between boards, slats, rails, stanchions, or balusters is less than or equal to three inches when viewed and measured at 90 degrees to the fence line.

"Privacy screen" means a vertical sight-obscuring structure, erected adjacent to or around, but not limited to, a patio, deck, courtyard area, swimming pool, or outdoor hot tub designed to screen, but not enclose, the area behind it or within its confines. Privacy screens shall not exceed six feet in height.

"Rear building line" means the line established by the main wall of the rear of the primary building, extending to each side lot line.

"Rear yard" means the portion of the yard between the rear building line and the rear lot line.

"Side lot line" means any lot lines other than the front lot line and rear lot line.

"Side yard (exterior)" means the portion of the yard between the residential home and side right-of-way for corner lot properties beginning at the front building line and extending to the rear building line.

"Side yard (interior)" means the portion of the yard between the residential home and side property line, beginning five feet back from the front building line and extending to the rear building line.

"Protective screening wall" means a masonry wall erected to screen a residential district from a C-1, C-2 or P-1 zoning district. Screen walls require a permit.

(Ord. No. 343, § II, 10-20-03)

The erection, construction or substantial rebuilding or any fence or screen shall be performed within all municipal codes and shall require a building permit. Substantial rebuilding is reconstruction of 50 percent or more of the structure, a change in the height of the structure, or a change from the existing material within a 12-month period. Systematic replacement to circumvent the ordinance is prohibited. Painting, cleaning, replacement of like materials, or other actions commonly considered, as general maintenance shall not be defined as "substantial rebuilding."

(Ord. No. 343, § II, 10-20-03)

Any person desiring to construct, or cause to be constructed, any fence, screen or wall for which a permit is required as defined in this article, shall first apply to the city building inspector for a permit. A permit fee shall be required as prescribed by resolution of the city council. The application for the permit shall include any and all information requested by the building inspector to determine whether or not the construction of such fence, wall or screen will violate any portion of this article.

(Ord. No. 343, § II, 10-20-03)

(1)

Whenever a non-conforming fence shall fall into a state requiring substantial rebuilding the replacement shall conform to the requirements of this article.

(2)

No fence or screen shall have barbed wire, razor wire, electrical current, concertina wire or other similar material.

(3)

The supporting framework and or unfinished side of any fence or screen shall not face adjacent properties or streets.

(4)

No fence shall be erected adjacent to another fence.

(5)

It is the responsibility of the person installing the fence to ensure such fence is placed on or within his or her property line.

(6)

The owner of any fence or screen shall maintain the fence or screen in accordance with property maintenance codes as adopted by the City of Grosse Pointe.

(7)

All fences and screens shall be maintained plumb and true with adequate support in a safe manner. The owner of a fence or screen shall remove or repair a fence that is dangerous, dilapidated, or otherwise in violation of the Code of Ordinances.

(8)

Any person who owns property upon which a previous owner has constructed a fence shall be responsible for the care, upkeep and maintenance of the fence.

(9)

Slats of any material shall not be permitted in a chain link fence.

(10)

Fences, which enclose public institutions or public playgrounds, shall not exceed eight feet above grade.

(11)

Commercial grade gates are prohibited.

(Ord. No. 343, § II, 10-20-03)

(1)

Front yard fences. When located within the front yard, fences shall have a minimum height of 24 inches and a maximum height of 36 inches measured from the finished grade at the property line and shall be setback a minimum two feet from the sidewalk.

When located within the front yard, fences shall be of an ornamental nature including picket, split rail, or wrought iron type fencing. Front yard fences must have a minimum 50 percent open space between horizontal or vertical pickets with minimum openings of three inches when viewing the fence perpendicularly. Chain link and solid wood fencing is prohibited in front yards.

Fences located within the front yard are not exempt from section 90-21, corner visibility.

(2)

Exterior side yard. Fences located between the rear building line and the rear property line and located adjacent to a road may not exceed six feet in height and must be set back a minimum two feet from the sidewalk.

Residential properties adjacent to the county right-of-way are permitted to replace the existing side yard fence (on the county right-of-way side) to meet existing characteristics such as: height, style, length, material (excluding stockade) with the approval of the building inspector.

(3)

Interior side yard. When located in an interior side yard between the front building line and the rear building line, fences must be setback five feet from the front building line and may not exceed six feet in height.

(4)

Rear yard.

(i)

Non-through lot. A fence may be located on the rear property line not to exceed six feet in height.

(ii)

Through lot. When located within a rear yard on a through lot where all of the lots located on the same side of the street between two intersecting side streets are through lots, fences may not exceed six feet in height and must be setback a minimum of two feet from the property line.

Diagram 1

Diagram 2

(Ord. No. 343, § II, 10-20-03)

Upon application in writing by any person directly or adversely affected, the board of zoning appeals may, after a hearing in accordance with the established procedures of that board, in its sound discretion and in the interest of the public health, safety and welfare of the inhabitants of the community, reduce or remit the requirements of this article in individual cases coming before such board.

(Ord. No. 343, § II, 10-20-03)