Rock Hill City Zoning Code
ARTICLE XII
Fence Regulations
Section 405.471 Erection Beyond Established Front Building Line Prohibited.
[CC 1970 §10-1; Ord. No. 660 §1, 5-18-1965; Ord. No. 1685 §1, 9-1-2009]
It shall be unlawful for the owner of or anyone who occupies any lot or plot of ground within the City or any other person whomsoever to construct, erect or maintain any fence or enclosure of any kind whatsoever beyond the established front building line of any such lot or plot of ground.
Section 405.472 Permit To Erect Beyond Established Side and Rear Lot Lines - Required.
[CC 1970 §10-2; Ord. No. 660 §2, 5-18-1965; Ord. No. 1685 §1, 9-1-2009]
It shall be unlawful for the owner of or anyone who occupies any lot or plot of ground within the City or any other persons whomsoever to construct, erect or maintain a fence or enclosure of any kind whatsoever beyond the established side and rear lines of any such lot or plot of ground within the City without first obtaining a special permit to do so from the Board of Aldermen authorizing the construction, erection and maintenance of any such fence or enclosure.
Section 405.473 Permit To Erect Beyond Established Side and Rear Lot Lines - Application.
[CC 1970 §10-3; Ord. No. 660 §3, 5-18-1965; Ord. No. 1685 §1, 9-1-2009]
Any person desiring to construct or erect a fence or enclosure beyond the established side or rear lot lines of any plot of ground shall make application for a special permit to do so, which application shall be submitted with a plot plan showing all property lines, structures, streets and the location of existing and proposed fencing for the property upon which the fence or enclosure is to be erected and the property upon which the fence is to be erected.
Section 405.474 Fences - Requirements and Limitations.
[CC 1970 §10-4; Ord. No. 1020 §1, 6-1-1982; Ord. No. 1685 §1, 9-1-2009; Ord. No. 1985, 12-17-2019]
A.
All fences in the City are subject to the following requirements, conditions and limitations:
1.
No person shall erect a new or replacement fence without first having obtained a fence permit from the Building Commissioner, or his/her designee. Repairs to existing fences do not require a permit. A repair is defined as the replacement of a portion of fence which is less than twenty-five percent (25%) of its total linear distance (whether interrupted or not), or three hundred (300) square feet, of fence surface, whichever is less, with the same material, at the same height, in the same location.
2.
All fences shall be erected and continuously maintained in accordance with the provisions of this Chapter as well as the Building Code, the Housing Standards Ordinance and the Nuisance Ordinance.
3.
No person shall erect any fence within the front yard setback of any lot except:
a.
On corner lots, a fence may be erected within the front yard setback along the side or rear of the main building, provided that such fence meets the following criteria:
4.
No person shall erect any fence or screen in whole or in part of cloth, canvas, or other similar materials. No fence or screen exceeding six (6) feet in height shall be erected or maintained.
5.
Fences shall not impede the view of any intersection and shall not be constructed within twenty-five (25) feet of the street intersection.
6.
No fence shall be used for advertising purposes.
7.
The use of barbed wire, razor wire, concertina wire, spikes or other similar devices are prohibited.
8.
No fence shall have any electric current running through it except:
a.
Invisible fences consisting of a low voltage (two and one-half (2.5) watts or less) wire buried beneath the ground, used to activate a device placed on the collar of dogs or other similar pets to contain them on the premises. Invisible fences shall be restricted to private property.
9.
Fences shall be erected with the finished side out, that is, the fence posts shall be installed on the permit holder's property so that the fence material and hardware shall be inside the property and face toward the interior of the property.
10.
The Building Commissioner or his/her designee will issue a permit for the construction of a fence if he/she is satisfied that the application fully complies with the provisions of this Chapter.
Section 405.475 Special Fences.
[Ord. No. 1685 §1, 9-1-2009; Ord. No. 1985, 12-17-2019]
A.
Swimming pool fences enclosing outdoor swimming pools shall adhere to the standards set forth in the Building Code. Where such swimming pool is located within ten (10) feet of a side or rear lot line, such fence may be located on the side or rear lot line providing that no part of the fence extend beyond the side or rear lot line.
B.
Fences enclosing an institution, a public park, public playground, or school may be eight (8) feet high providing such fence or screen is at least fifty percent (50%) open.
C.
Commercial and industrial properties abutting residential properties shall erect a sight proof fence.
Section 405.476 Screening Devices.
[Ord. No. 1685 §1, 9-1-2009; Ord. No. 1985, 12-17-2019]
A.
After the effective date of this Section, upon the change in ownership of any commercially or industrially zoned property, a screening device shall be constructed along the property line adjoining or contiguous to property that is classified by the zoning code as a residential district, and no building or occupancy permit shall be issued unless there is full compliance with the terms and provisions of this Chapter. Plans for such screening devices shall be submitted simultaneously with the site plans for buildings or construction of parking lots to be placed on such property, or at such times as the application for occupancy is made.
1.
Fences. All fences between commercial or industrial property and residential property shall be of a minimum height of six (6) feet and shall be sight-proof. Chain link fencing with inserts is prohibited.
2.
Walls. All walls used shall be constructed of brick, concrete or masonry block and shall be constructed of sufficient height to effectively screen commercial or industrial property from residential property taking into consideration elevation differences between commercial or industrial property and residential property.
3.
Trees. If there are existing trees between the commercial or industrial property and the adjoining residential property, such trees should be retained if practical and supplemented by the planting of new trees to create an effective screening device. New trees shall be durable and shall have a minimum caliper of two and one-half (2 1/2) inches. If evergreens are utilized, they shall have a minimum height of eight (8) feet.
4.
Shrubbery. Shrubbery in combination with trees or grade changes may be utilized provided an effective screening device equal to the screening devices referred to in this Section will be created.
5.
Grade Changes. Retaining walls in combination with grade changes and planting of shrubbery may be constructed of stone, brick, concrete or masonry. Additionally sloping terraces and earth mounds may be constructed in combination with planting of shrubbery. Use of such changes and shrubbery in combination must provide an effective screening equal to the other screening devices referred to in this Section.
6.
Screening Device Maintenance. Any screening device, fence, or masonry wall shall be kept in a good state of repair; and all wood, metal, and/or approved material shall be protected from the elements against decay, rot, or rust by paint or other approved coating applied in a workmanlike manner. Screening areas with trees, shrubs, and/or decorative plantings shall be kept trimmed and free from weeds, trash, and debris.
Section 405.477 Application and Fees.
[Ord. No. 1685 §1, 9-1-2009; Ord. No. 1985, 12-17-2019]
Any person desiring to construct or erect a fence or enclosure on any plot of ground shall make application for a permit to do so, which application shall be submitted with a plot plan showing all property lines, structures, streets and the location of existing and proposed fencing. The application shall also include design specifications for the fence. The application shall be accompanied by a fee of three dollars ($3.00) for every one thousand dollars ($1,000.00) of construction costs plus six dollars ($6.00) per each inspection.