Hamtramck City Zoning Code

FENCES

§ 155.135 GENERAL.

(A) Scope. The respective owners of all lots in the city shall construct and maintain fences between their own and adjoining lots owned by other persons.

(B) Responsibility. Fences shall be between four feet four inches and six feet four inches high. No more than two fences shall be constructed along the side lot line between the rear property line and front building line. If the parcel runs north and south, the owner is responsible for the west fence line. If the parcel runs east and west, the owner is responsible for the north fence line. For odd shaped parcels, the code official shall determine the responsibility for fence construction and maintenance. Fences enclosing a property shall provide adequate access for fire fighting purposes, with not less than one access at the front lot line and not less than one access at the rear lot line, except that access can be provided on the side lot line for corner lots. Double fences constructed along the rear of the lot shall be permissible if they comply with all rules and regulations required herein and by the State of Michigan.

(C) Mixed-use adjoining properties. In the absence of a building façade within five feet of the lot line, owners of properties with nonresidential uses abutting properties with residential uses shall erect and maintain a privacy fence of six feet four inches along such property lines. If the nonresidential use is an industrial use, an eight-foot four-inch privacy fence may be permitted by the code official.

(D) Bodies of water. Any swimming pool, pond, or other artificially installed body of water, all of which may contain not less than 12 inches of water in depth at any point, shall be enclosed by a fence not less than four feet four inches in height. Gates shall be of a self-closing and latching type, with the latch on the inside of the gate so that the latch is not readily accessible for children to open. Gates shall be capable of being securely locked. If the entire premises is enclosed, then the code official may waive this provision upon proper application and approval.

(E) Maintenance, repair, and removal. All fences shall be maintained in a neat and safe condition. Fences erected between residential uses and other uses shall be maintained in a neat and safe condition at the expense of the owner of the other use under the terms of any waiver granted under to this chapter. Fences shall be kept free of weeds, trees, and other nuisance vegetation. The respective owners of all lots shall also be responsible for the care, repair, and upkeep of all fences contiguous to or bordering upon streets, alleys, and other public areas. Fences erected on or between residential uses shall be maintained in a neat and safe condition at the expense of the owner legally responsible for the fence. If ownership and responsibility of the fence, in the opinion of the code official, is not reasonably and readily ascertainable, the code official shall have the authority to require that any or all property owners abutting the fence maintain or repair the fence. This chapter shall not require the city to secure a survey to determine responsibility or property ownership. In the absence of any other agreement, the fence owner shall, if necessary, be allowed by the adjoining property owner access to that fence not less than two days twice a year for the purpose of periodic maintenance work, and at any time and as long as required for emergency repair work. In the case of a disagreement between the two property owners, the code official shall make a determination. If a fence falls into such disrepair that the fence becomes a threat to public health, safety, or welfare, the city shall have the authority to replace or repair the fence and the cost of such replacement or repair shall be that of the property owner who is legally responsible for maintaining the fence. The city shall have the authority to place the cost of such replacement or repair on the tax rolls.

(F) Nonconforming fences. Any fence legally existing when this chapter or subsequent amendment became effective that does not conform in use, location, height, or size with the regulations of this chapter shall be considered a legal nonconforming fence and shall be permitted to continue in such status while it is either abandoned or removed by its owner, subject to the following limitations:

(1) Structural alterations, enlargement, or re-erection are permissible only if such changes shall not increase the degree of nonconformity of the fence.

(2) Any legal nonconforming fence shall be replaced without increasing the existing height or area if its is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50% of the replacement cost of the fence as determined by the code official.

(3) Fences that comply with either item division (F)(1) or (F)(2) above need not be permitted.

(G) Prohibited fences. The following fences shall be specifically prohibited:

(1) Any fence charged or connected with an electric current.

(2) Any fence constructed in whole or in part with barbed wire.

(3) Any fence with a protruding or projecting instrument, spike, nail, or other sharp points or any other materials that may endanger the health, safety, and welfare of the public.

(4) Any fence made out of "chicken wire" or other similar material.

(5) Any fence made out of coil or concertina wire.

(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021; Am. Res. 2024-75b, passed 8-13-2024)

§ 155.136 PERMITS.

(A) Permit required. Unless specifically exempted, a permit shall be obtained from the code official for the erection of all fences erected within the city and under other ordinances of the city. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the fence involved from responsibility for its erection and maintenance in a safe manner and in a manner under all the other provisions of this chapter. No permit shall be issued to any person who is in default to the city. By way of illustration, a person in default could owe the city income tax, property tax, water bill, or a business license fee. If a written payment plan has been accepted by the chief executive officer, the code official shall issue a conditional permit if all other provisions of this chapter are met. All rights and privileges acquired under this chapter are mere licenses and may be revoked by the city by a letter to the permit holder upon the violation of any of the conditions herein, whereupon the code official may revoke the fence with costs of removal charged to the permit holder. If the work authorized under a fence permit has not be started within six months, and then finished within thirty days after the date of issuance, the permit shall become null and void.

(B) Permit fees. A fee for services shall be charged. All fees shall be established by resolution of the Common Council during the adoption of the annual budget. Failure to apply for the appropriate fence permit shall result in a municipal civil infraction and a doubling of the permit fee.

(C) Construction documents. Before any permit is granted for the purpose of erecting a fence requiring such permit, construction documents shall be filed with the code official showing the dimensions, materials, and details of fence construction, the location of the parcel of land upon which the fence is to be erected with the property line and the position of the fence in relation to nearby buildings or structures, and any other pertinent data required by the code official. The permit application shall be accompanied by written consent of the owner or lessee of the premises upon which the fence is to be erected and a written agreement between the adjoining property owners as to the location of the lot line or a certified land survey by a licensed land surveyor showing the location of the property line.

§ 155.137 SPECIFIC STANDARDS.

(A) Types of fences. The following types of fences shall be permitted to be erected or re-erected, subject to the following limitations:

(1) Partition fences may be erected for the purpose of separating, enclosing, or protecting property within its perimeter.

(2) Privacy fences may be erected to constitute a complete visual barrier to persons outside of the perimeter. All privacy fences shall have posts, cross-members, bolts, or any other frame support placed on the side of the fence facing the property of the erector. Privacy fences shall be permitted along the rear lot line. Privacy fences constructed along a side lot line shall be permitted to extend from the rear lot line to the front building line.

(3) Decorative fences out of metal, wood, pipe, or rail as a non-sight-obstructing structure may be erected as a landscape treatment to enhance, accent, beautify, or protect the site.

(B) Vegetation. Hedges, shrubs, bushes, and evergreen trees shall be considered legal fences if they do not enclose swimming pools, ponds, or other bodies of water. When fully grown, the hedges, shrubs, bushes, and evergreen trees shall not exceed six feet four inches in height and shall be planted not closer than two feet from the lot line. No vegetation considered a legal fence shall obscure the line of sight for drivers on an abutting public right-of-way or private driveway.

(C) Building lines. Fences erected along established front building lines and along rear lot lines shall not exceed the height of six feet four inches above grade level, except that in residential zones, no fence shall be constructed along the front building or lot line that exceeds two feet four inches in height. Along the side lot lines, no fence shall be constructed between the established front building lines and the front property lines with the exception of a four-foot four-inch high fence of decorative non-sight-obscuring material. On a corner lot abutting a public right-of-way, a non-sight-obscuring fence may be permitted not to exceed four feet four inches in height at the established building line, tapering down to a height of two feet four inches at the front lot line.

(D) Construction. Any fence post hereinafter erected shall consist of posts that may be one and five-eighths inches diameter galvanized steel pipe, four inch reinforced concrete, four-inch treated wood, primarily wood composite, or vinyl, spaced a maximum of ten feet apart, embedded in concrete footings not less than three-feet deep in the ground, and shall allow for the erection of a fence as authorized by this chapter that is four inches off of the ground to the fence height of four feet four inches to six feet four inches above grade level. All fence posts shall be within the lot line of the person responsible for the maintenance of the fence. Fences shall be made of galvanized woven wire, metal, decay resistant wood boards, primarily wood composite, or vinyl. If the fence is erected on the lot line, the junction line of the posts and wire or boards shall be considered to coincide with the property line.

§ 155.138 APPEALS AND VARIANCES.

(A) Appeals. Any person denied a permit to erect or re-erect a fence shall have the right to appeal the decision of the code official to the Board upon filing the appropriate fee. The Board shall, after a public hearing conducted under this chapter and the rules of the Board, be authorized to grant dimensional and use variances if the applicant demonstrates upon a finding that all of the following conditions are met:

(1) The particular physical surroundings, shape, or topographical conditions of the property would render compliance with the requirements of this section difficult and would likely result in a particular hardship on the person causing the fence to be erected. No variance shall be granted to anyone who deems a waiver based on the mere inconvenience of the requirements of this chapter or to increase financial gain or avoid the financial expense of compliance.

(2) Strict enforcement of the provisions of this chapter would serve no useful purpose.

(3) The type of fence and the location proposed would not pose a significant risk to the public health, safety, and welfare.

(4) The benefit of the fence to the general public outweighs any risk to public health, safety, and welfare.

(5) A waiver would be in the best interest of the city and not against the spirit and intent of this chapter.

(B) Variances. A dimensional variance shall require a simple majority vote of the Board, and a use variance shall require a two-thirds majority vote of the Board.