Menahga City Zoning Code
§ 151.38
FENCE REGULATIONS.
(A) The requirements of this section shall apply to all new or replacement fences, walls, or shrubbery erected or installed from and after the effective date of this section but shall not apply to the mere repair of existing fences.
(B) General requirements.
(1) All fencing over 30 inches shall require a permit.
(2) No fence shall contain barbed wire or charged with electric current, except where specifically allowed in this section.
(3) No fence, wall or other obstruction to vision above a height of 30 inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection.
(4) Fences must be maintained so as not to endanger life or property and any fence which, through lack of repair, type of construction or otherwise, that imperils health, life or property or the well-being of a neighborhood shall be deemed a nuisance.
(5) All fences must be located on the private property of the person, firm or corporation constructing the fence.
(6) All fences must comply with all other requirements of law or this code as it applies to fence installation and materials.
(a) All zoning districts regulations.
1. Prohibited material. No fence or wall shall be constructed of any electrically charged element or barbed wire, unless specifically allowed in this section.
2. Approved material, allowable materials. Fences must be made of stone, brick, finished wood, rigid plastic, chain link, treated or cedar wood, split rail fences, or other materials commonly used for fencing. Materials not expressly listed above may only be authorized by conditional use permit, except that the following types of fences are prohibited: barbed wire (except as authorized elsewhere in this section), electrical fencing, razor wire, creosote lumber, chicken wire (unless used for the enclosure of gardens), concrete block or poured concrete, plastic webbing, plywood or pressed wood. Notwithstanding the above prohibitions, commercially available snow fencing may be allowed between November 1 and March 15 of each calendar year.
3. Maximum height. No fence shall exceed six feet in height on any property, measured from six inches above the adjacent ground surface.
4. Maintenance. Every fence or wall shall be maintained in a good and safe condition at all times. Every damaged or missing element of any fence or wall shall be prepared or replaced in a timely manner.
5. Setbacks. Two feet unless fence can be maintained entirely from one side, and then zero feet measured from the property line. All fences along property boundary lines shall be located entirely upon the property of the person constructing or causing the construction of the fence. The property owner shall maintain both sides of the fence. Fences shall be installed with the finished side(s) facing the neighboring property or properties. No fence shall be installed so that it obstructs the view of vehicular or pedestrian traffic on adjacent streets or public ways. All fences shall be installed in a manner that allows necessary maintenance to be performed without trespass on a neighboring property. All fences shall be placed a minimum of ten feet from the ordinary high-water mark of a lake, two feet from an alley lot line unless the fence can be maintained entirely from the non-alley side, and ten feet from any city, county or state road surface or out of the road right-of-way, whichever is more restrictive.
(b) Submission requirements. When requesting a certificate of compliance for a fence, a certificate of survey from a licensed surveyor showing the parcel and proposed fence must be submitted to the city, unless any of the following exceptions apply:
1. The proposed fence will clearly be located entirely on the subject property and meet all required setbacks, in the sole discretion of the city;
2. Stakes from a previously completed survey are still in place and appropriately marked, in the sole discretion of the city; or
3. A signed, written statement from all neighboring property owners adjacent to the proposed fence is provided and indicates that said neighbors do not dispute the proposed fence location.
(c) Industrial districts.
1. Approved material. Approved fencing materials include stone, brick, finished wood, rigid plastic, chain-link, treated of cedar wood, split rail fences or other materials commonly used for fencing. Other materials may only be approved by conditional use permit, except that the following types of fences are prohibited unless specifically allowed otherwise: barbed wire electrical fencing, razor wire, creosote lumber, chicken wire (unless used for the enclosure of gardens), concrete block or poured concrete, plastic webbing, plywood or pressed wood. Notwithstanding the above prohibitions, commercially available snow fencing may be allowed between November 1 and March 15 of each calendar year. The use of barbed wire is allowed on the top portion of fencing on industrial-zoned property not to exceed 18 inches of barbwire.
2. Maximum height. Fences not exceeding 84 inches (seven feet) in height may be constructed, as measured from six inches above the adjacent ground level.
3. Setbacks. Two feet unless fence can be maintained entirely from one side, and then zero feet measure from the property line.
(Ord. passed 12- -24)