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Sugar Creek City Zoning Code

ARTICLE IX

FENCES

Sec. 48-284.- Compliance required.

It is unlawful for any person to erect or maintain any fence or other like structure except as provided in this article.

(Ord. No. 1874, § 31O(1), 6-13-1983)

Sec. 48-285. - Building permit required for fence or wall over six feet in height.

If a fence or wall exceeds six feet in height, a building permit for a fence shall be obtained from the code official. A building permit for a fence shall also be required for the replacement or reconstruction of 50 percent or more of the linear length of the entire existing fence that exceeds six feet in height. A fence or wall exceeding six feet in height (including a retaining wall) that is required as part of a development plan shall have final development plan approval prior to the issuance of any fence permit.

(Ord. No. 1874, § 31O(1)(b), 6-13-1983)

Sec. 48-286. - Maximum fence board width; acceptable fencing materials; construction standards.

(a)

Maximum board width is 12 inches for solid, staggered, or basket weave fences. Solid panels such as plywood and wafer board will not be allowed, except around construction sites for public safety, which must be removed when the construction project is completed upon issuance of a certificate of occupancy.

(b)

No plywood, canvas, plastic, metal sheets or similar type material shall be used for any fence construction. Not more than two different types of fencing materials shall be used in the construction of any fence.

(c)

Fences shall be constructed and maintained in a workman-like manner of customary or normal fencing materials.

(Ord. No. 1874, § 31O(1)(h), 6-13-1983)

Sec. 48-287. - Wood fence framework and post requirements.

All framework of a wood fence, privacy or decorative, must be on the inside portion of the fence, and all posts of a wire fence must be inside of the fabric. All posts, except metal "T" line posts, must be set in concrete to a minimum depth of 18 inches and a minimum of four inches by four inches. Metal "T" posts can be driven.

(Ord. No. 1874, § 31O(1)(j), 6-13-1983)

Sec. 48-288. - Maximum length of opaque screen fencing.

No opaque screen fence shall be longer than 200 feet in length without being broken by a landscape area to soften the linear effect of the fence. Such long fences may be constructed in a serpentine manner with integrated landscaping. Fences should also be integrated into physical topographical features where possible.

(Ord. No. 1874, § 31O(1)(k), 6-13-1983)

Sec. 48-289. - Fencing not to create traffic hazard or impede sight distance triangle.

No fence shall be constructed which will constitute a traffic hazard or encroach upon the sight distance triangle.

(Ord. No. 1874, § 31O(1)(e), 6-13-1983)

Sec. 48-290. - Privacy and solid fence specifications.

(a)

Privacy fences or solid fences may be erected on any lot, except as otherwise provided in this article, and shall be no more than six feet above the average grade without a permit being required.

(b)

Privacy or solid fences shall not be located closer to the front property line than the front yard setback line established by the zoning district regulations. Privacy fences shall be no closer to the lot line that the side yard setback of residential corner lots that adjoin interior lots that front or face on to the side street.

(c)

Materials allowed for construction of a privacy fence must be wood or poly-vinyl chloride resin, except posts, which may be made of metal.

(Ord. No. 1874, §§ 31O(1)(a), 31O(1)(d), 31O(1)(h), 6-13-1983)

Sec. 48-291. - Decorative fence specifications.

(a)

Decorative fences may be erected on any lot and shall be no more than four feet high, of open construction, and not in conflict with the sight distance triangle.

(b)

Materials allowed for construction of a decorative fence can be wood, woven wire, chain link, wrought iron, poly-vinyl chloride resin, square tubing or metal pipe. A decorative fence must be of open construction, no panels such as plywood or wafer board will be allowed. Not more than two different types of fencing materials shall be used in the construction of any fence.

(Ord. No. 1874, §§ 31O(1)(c), 31O(1)(i), 6-13-1983)

Sec. 48-292. - Security fence specifications.

Security fences may be erected on any business or industrial lot to a height of not more than eight feet. Barbed wire shall be limited to three strands located a minimum of seven feet above the ground.

(Ord. No. 1874, § 31O(1)(f), 6-13-1983)

Sec. 48-293. - Recreation facility fencing specifications.

Open wire fences for the enclosure of private tennis courts, swimming pools and other similar recreational facilities may be constructed to a height of not more than 12 feet. They must be set back from all property lines at least six feet and may be constructed of any material provided that the top four feet must be of open wire or woven wire construction.

(Ord. No. 1874, § 31O(1)(g), 6-13-1983)

Sec. 48-294. - Agricultural district fencing specifications.

In agricultural zoning districts, no fence, wall, or planting exceeding 30 inches in height shall be located within 25 feet of an extended point of intersection of street rights-of-way.

(Ord. No. 1874, § 31O(2), 6-13-1983)

Sec. 48-295. - Fencing as accessory structure in certain zoning district.

Fences are permitted as accessory structures in multifamily, commercial, office and industrial districts with no side yard and rear yard requirements. Fence related lighting, if any, shall be directed away from abutting residential properties and public rights-of-way.

(Ord. No. 1874, § 31O(3), 6-13-1983)

Sec. 48-296. - Pre-existing walls or fencing.

A fence or wall constructed prior to the adoption of this subsection that does not meet the standards of this section, must be replaced or reconstructed in its entirety to meet the requirement of this chapter if over 50 percent of the fence needs to be replaced or reconstructed. If less than 50 percent of the fence needs to be replaced or reconstructed, then it can be replaced and maintained resulting in a fence of the same size, type and material. However, no fence shall be replaced or reconstructed in a manner that obstructs the sight distance triangle.

(Ord. No. 1874, § 31O(4), 6-13-1983)

Sec. 48-297. - Dilapidated fences.

No person shall permit, cause, keep or maintain a fence, or allow a fence to be maintained, within the corporate limits of the city, in a dilapidated or dangerous condition. All fences shall be maintained in a reasonable condition and vertical position, and any missing or deteriorated slats, picket, other fencing material or structural elements shall be replaced in a timely manner with the same quality of material and workmanship.

(Ord. No. 1874, § 31O(5), 6-13-1983)

Sec. 48-298. - Dangerous fences prohibited.

No person shall place or permit to be placed or remain on or along any railroad or building front or any part of a building, fence or premises, adjacent or contiguous to any right-of-way or public way or residence any:

(1)

Spikes, or sharp-pointed cresting, or any barbed wire or other similar devices except as specifically permitted under this article; and

(2)

Electrified fence, dangerous or liable to tear, snag, cut or injure anyone coming in contact therewith.

Violation of this section constitutes a misdemeanor.

(Ord. No. 1874, § 31O(6), 6-13-1983)

Sec. 48-299. - Non-compliant fences and similar structures declared nuisance.

All fences or other like structures erected or maintained in violation of this article are declared to be nuisances and any owner or occupant of a lot or tract of land upon which nuisance exists shall be deemed guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense.

(Ord. No. 1874, § 31O(7), 6-13-1983)