It is the intent and purpose of this chapter to assure to occupants of all properties adequate light and air adjacent to structures and in yard areas; effective and desirable sight distance from the front of all structures in all directions; the right to provide for their own privacy within their properties; to protect plantings from damage by trespass; and to prevent such construction related thereto as would be hazardous. (Ord. 52. Passed 6-16-97.)

   Fences and walls shall be permitted, subject to the following conditions:

   (a)   Permits Required.

      (1)   It shall be unlawful for any person to construct, or cause to be constructed, any wall or fence upon any property within the City of Reed City without first having obtained a permit therefor.

      (2)   Any person desiring to construct, or cause to be constructed, a wall or fence shall first apply for a permit, for which there shall be a fee, the amount of which shall be set by resolution of the City Council. Such permit shall be issued by the Zoning Administrator upon a written application, and shall contain such information as may be required in order to determine that such wall or fence will not violate any provision of this Zoning Code or State Law.

      (b)   Walls and Fences. Walls and fences may be erected in any yard area except that no wall or fence shall be located nearer than one foot to any drive or walkway. In front yard areas, walls and fences shall not exceed 100 feet in length in any and/or all directions without a gate or break for access and shall not exceed four feet in height. In rear yard areas, the height shall not exceed six feet. On corner lots in residential areas, no wall or fence or other obstruction to vision shall be permitted within the triangular areas at the intersection of any street right-of-way line drawn between said right-of-way lines for a distance along each line of twenty-five feet from their point of intersection.

      (1)   No wall or fence shall be constructed along the street line of a lot closer than one foot from the established sidewalk line.

      (2)   Fences and walls erected in the front yards of residential zoned areas shall be so constructed that they permit a reasonable passage of air through the materials utilized for said fence or wall. Solid or closed privacy walls and fences may be constructed in rear yards.

      (3)   In residential zoned areas, walls and fences between lots shall not exceed a height of six feet in side yards. For those properties having side yards abutting upon streets, walls and fences of a closed or semi-closed nature may be erected to a height of six feet above ground level from the rear lot line to the front setback line. No fence or wall shall be erected beyond the front setback line of adjacent properties without the written consent of the abutting property owner, which shall be noted upon the permit issued.

      (4)   In C-1 or C-2 zoned areas, walls and fences shall not exceed a height of six feet. On corner lots, no wall or fence or other obstruction to vision shall be permitted within the triangular area forward at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines for a distance along each line of twenty-five feet from their point of intersection.

      (5)   In industrial zoned areas, fences and walls may be constructed up to eight feet in height. On corner lots, no wall or fence or other obstruction to vision shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines for a distance along each line of twenty-five feet from their point of intersection. Barbed wire may be installed on the top of fences or walls on arms or supports angled toward the inside of the property at least eight feet above the adjacent grade level.

   (c)   Walls Only.

      (1)   Walls shall be erected on continuous footings constructed below grade in accordance with Building Code standards.

      (2)   Any wall shall be capped with a peaked coping of sufficient pitch to discourage walking.

   (d)   Fences Only.

      (1)   Support posts of fences shall extend into the ground to a depth sufficient to support the structure.

      (2)   All fences in public areas such as parks, hospitals, schools, or other public areas shall be transparent, such as chain link, but no barbed wire shall be allowed.

      (3)   All fences shall be erected with all fence posts and supports on the interior side.

   (e)   Walls and Fences in All Districts.

      (1)   All fences and walls shall be constructed of durable, weather-resistant, rustproof, and easily-maintained materials.

      (2)   Under no circumstances shall walls and fences be constructed of materials, such as but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items.

      (3)   Wall or fence heights shall be measured from the surface of the ground immediately below the location of the fence.

      (4)   All walls and fences shall be of such design and location that they do not obstruct the vision of motorists on adjacent roads, alleyways, or driveways, or the vision of pedestrians or motorists leaving or entering the premises or adjoining premises.

      (5)   Retaining walls are exempt from these provisions.

      (6)   Under no circumstances shall a wall or fence contain barbed wire, razor wire, spikes or electric current.

   (f)   Walls and Fences in Residential Districts.

      (1)   Walls and fences not greater than six feet in height are permitted in side or rear yards and shall not extend beyond the front of the principal structure.

      (2)   Walls and fences not more than thirty inches in height are permitted in the front yard if they are more than twenty-five percent solid.

      (3)   Walls and fences not more than forty-eight inches in height are permitted in the front yard if they are less than twenty-five percent solid.

   (g)   Walls and Fences in Commercial and Industrial Districts.

      (1)   Walls and fences not more than six feet in height are permitted in all yards.

      (2)   Walls and fences containing barbed wire may be allowed in IND Industrial Districts.

   (h)   Prevention of Hazards. No wall or fence shall have exposed beneath a height of eight feet any sharp protrusions which would be likely to cause physical or material damage to persons or clothing.

   (I)   Placement. All walls and fences must be located entirely on the property of the person, firm, or corporation constructing the same; provided, however, that if adjoining property owners jointly apply for and sign a permit to erect a wall or fence upon their common property line, such wall or fence may be so erected. No temporary type of wall or fence of any type shall be permitted in the front yard areas.

(Ord. 52. Passed 6-16-97. Ord. 006-2011. Passed 5-23-11. Ord. 007-2011. Passed 5-23-11.)

   (a)   The following uses or structures shall be screened by walls, fences, vegetation, and berming or a combination of any of these as approved by the Planning Commission:

      (1)   Outdoor storage.

      (2)   Trash receptacles.

      (3)   Mobile home parks.

      (4)   Multiple-family dwellings.

      (5)   Industrial and commercial uses abutting Residential Districts.

      (6)   Parking and loading areas.

   (b)   Fences and walls used for screening purposes shall meet the following conditions:

      (1)   Fences and walls shall have no openings for vehicular traffic or other purposes except as otherwise provided in this Zoning Code and except such openings as may be approved by the Planning Commission.

      (2)   Fences and walls shall be constructed of durable, weather-resistant, rustproof, and easily-maintained materials.

      (3)   Fences and walls may not be constructed with openings that exceed twenty percent of the surface. The openings shall not reduce the obscuring effect and shall not reduce the minimum height requirement.

 

 

   (c)   Vegetation used for screening purposes shall meet the following conditions:

      (1)   Vegetation shall be comprised of one or more of the following upright conifers: Blue, green, white, or Serbian spruce; Douglas fir; Austrian pine; juniper; hemlock; or cedar.

      (2)   Trees shall be planted fifteen feet on center and may have up to thirty- degree spacing.

      (3)   Trees shall not be less than five feet in height at the time of planting.

      (4)   Existing plant material that complies with the standards of this section, as determined by the Planning Commission, shall be credited toward meeting the screening requirements.

      (5)   All required plantings shall be maintained in a healthy, growing condition. Any required plantings that are destroyed, removed, diseased, or die, shall be replaced within six months with plantings that meet the requirements of this section. Failure to maintain required plantings in such a manner, including the removal and replacement of dead or diseased plant materials, shall constitute a violation of this Zoning Code.

      (6)   The plantings shall be maintained in a neat and attractive manner commensurate with the adjoining areas and shall maintain their density and screening effect throughout the calendar year.

   (d)   Berming used for screening purposes shall meet the following conditions:

      (1)   Berms shall be at least four feet, six inches in height, constructed with one foot of vertical rise for each three feet of horizontal rise.

      (2)   Berms shall be seeded with perennial rye and an appropriate grass seed and shall be covered with an organic mulch.

      (3)   Berms shall be landscaped with shrubbery and trees to enhance the screening effect and aesthetic appearance of the berm and shall be maintained in a neat and attractive manner.

   (e)   The Zoning Administrator may require the owner of property upon which a fence is to be constructed to establish lot lines upon said property, through the placing of permanent stakes located by a licensed surveyor. Such lot line shall be established before such fence shall be erected, and the Zoning Administrator may withhold the issuance of the required permit until the lot lines are established and permanent stakes are placed.

   (f)   All fences shall be maintained by the property owner upon whose property the fence is erected.

(Ord. 52. Passed 6-16-97.)