CITY OF EASTPOINTE BUILDING DEPARTMENT APPLICATION FOR FENCE PERMIT

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Harriet Antonia Bond
5 years ago
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1 CITY OF EASTPOINTE BUILDING DEPARTMENT APPLICATION FOR FENCE PERMIT February Gratiot, Eastpointe, MI Building Department A FENCE PERMIT WILL NOT BE ISSUED UNLESS IT MEETS THE ORDINANCE Do not proceed with the installation of your fence until you receive the permit. The Fence ordinance current revisions effective February 2016 Section LOCATION ADDRESS: DATE: CONTRACTORS NAME PHONE CONTRACTOR S ADDRESS ZONING: State License # Expiration Date License Held Property Owner s Name: Property Owner s Address Type of fence Submit site plan or survey with the proposed location of the fence clearly indicated. (Mortgage survey can be used). All fences on shared property lines must have neighbor written consent (page 2 of application) Fence posts must be on the applicant s side of the fence. Privacy fence must be constructed on the lot line. Only one fence is permitted. (can not have a chain link backed up to a privacy). Chain link cannot exceed 48 ; Privacy fence cannot exceed 6 in height. New privacy fence must match style and color of any existing privacy fence. Description of fence type, material, and location: I, the undersigned, hereby certify that the foregoing information is correct to the best of my knowledge: Signature of Applicant Print Name

2 I give my consent for my neighbor to erect a fence as described in this permit application along our joint property line. I give my consent for my neighbor to erect a fence as described in this permit application along our joint property line. I give my consent for my neighbor to erect a fence as described in this permit application along our joint property line. ======================================================================================== Building Department approval: Remarks Approved by Date Zoning district City of Eastpointe, Gratiot, Eastpointe, MI Building Department

3 Revised fence ordinance February 2016 Sec Fences. (a) Applicable to all fences. (1) Fences shall not contain barbed wire or any other type of sharp edged wire or have electric current or a charge of electricity. (2) No chain link or similar type fencing shall contain slats, webbing, synthetic materials or other fabric for the purpose of creating a privacy type fence. (3) Fences, over two feet in height (other than spit rail and chain link) shall not be constructed within the clear corner vision triangle (section ). (4) For fences erected along a lot line, a joint permit application shall be submitted and consent to install the fence provided by all property owners. (5) Except for a fence with a common end or corner post, no fence shall be attached to or touch a fence located on another property owner s lot or on the same lot. (b) Types of construction in residential areas. (1) Fences may be constructed of metal, wire, iron, vinyl (or similar), composite, naturally durable wood or treated wood. (2) Hedges, ornamental shrubs, trees and bushes may be considered fences for the purpose of this chapter when placed in a manner or position to serve as such. (c) Residential district fences. Fences erected in residential districts between residential properties shall be permitted as follows: (1) Fences on all lots which enclose property or are within the required side or rear yard shall not exceed four feet in height, measured from the natural grade of the lot except for privacy fences. Fences are not required to be constructed on the property line if the fence extends from the residence to the detached garage or from the residence and/or the garage to the side property line. (2) In addition to the provisions of this article, fences on corner lots shall not extend toward the front of the lot nearer than the front of the house or the required minimum front yard, whichever is greater. (3) All fences on corner lots shall be only non-privacy type fences, except that on city blocks that do not have houses fronting the street, a privacy fence may be erected along a side street property line which is in compliance with all provisions of this section regarding privacy fences. (4) No fence shall extend toward the front of the lot nearer than the front of the house or the required minimum front yard, whichever is greater. This provision shall not apply on lots having a lot area in excess of two acres and a frontage of at least 200 feet in all residential districts not included within the boundaries of a recorded plat. (5) All fence support posts shall be placed on the property line and shall face the property of the person erecting the fence. In the case of abutting property owners who elect to share the expense and erect a fence together, both shall be co-owners of the same and it shall be the responsibility of the property owners to determine the location of the posts in compliance with this chapter. (d) Business and industrial district fences. Fences in business and industrial districts shall be permitted or required as follows: (1) No fence shall be erected where a wall, berm or greenbelt is otherwise required. (2) Unless considered by the planning commission no fence shall be erected between the building setback line and the front property line. (3) A fence which is constructed on a side lot line between neighboring commercial and/or industrial properties shall not exceed six feet in height. (e) Privacy fences.

4 (f) (1) Privacy fences shall only be permitted in the side and rear yard along the property line. Privacy fences shall not be permitted within the front yard or closer to the street than the established front building line of the adjacent property whichever is greater. (2) All privacy fences shall be erected on the lot line and may be up to four inches off the ground. This requirement shall not apply to those privacy fences erected along a side street. (3) Privacy fences shall not exceed six feet four inches in height measured from the surface of the natural grade of the lot. (4) The posts for the privacy fence shall face the property of the person erecting the fence. The posts for privacy fences which front a street shall face the interior of the property. (5) Privacy fences, once erected, shall be of similar materials. A mixture of differing materials shall not be permitted unless otherwise dictated by existing neighboring fences. (6) Plantings in the area of a privacy fence shall not block the clear vision requirements set forth in this chapter (section ) or exceed the lawful height of any fence allowed in this article. Maintenance of fences. (1) Fences erected between residential property and commercial or industrial property shall be maintained in a neat and safe condition at the expense of the owner of the commercial or industrial property in accordance with the terms of the zoning ordinance. (2) Provisions regarding fences erected on or between residential properties are as follows: a. Fences erected on or between residential properties shall be maintained in a neat and safe condition at the expense of the owner constructing the fence or as may be mutually agreed upon with the adjoining property owner, except that the city shall not enforce any agreement regarding a mutual or separate payment for the costs of maintenance or repair. b. Where ownership of the fence and obligation to maintain or repair is, in the opinion of the building department, not reasonably and readily ascertainable, the department shall have the authority to require that any or all property owners abutting the fence maintain or repair the same. The department shall not be required to have a property survey performed to discern ownership in any case. (3) Construction of fences shall comply with the state construction code. (g) Erection, alteration, relocation; permit required. Unless otherwise provided, no person shall erect, reerect, alter or relocate any fence unless a permit has first been obtained from the building department and a permit fee paid in accordance with the schedule adopted by resolution of the council, unless a review has been conducted by the city building department verifying no permit or fee is required. (h) Permit application and issuance. (i) (1) An application for a fence permit shall be submitted to the building department and shall include: a. Plans and specifications showing the dimensions, materials and required details of erecting the fence; b. Plans indicating the location of the parcel of land upon which the fence is to be erected, the property line and the position of the fence in relation to adjoining houses, buildings or structures (it shall be the responsibility of the person erecting the fence to identify the property lines); c. A plot plan or survey which shall be attached to the application and which shall show the property line; and d. Such other information as the building department may require showing full compliance with this and other applicable laws of the city and the state. (2) The building department shall have the authority to issue a fence permit, provided the application satisfies all requirements of this article and other applicable laws of the city and the state. Fence appeals. (1) Any party who has been refused a fence permit by the building department for a proposed fence erection may seek a variance from the provisions of this article by filing a claim of appeal to the

5 (j) zoning board of appeals. The zoning board of appeals shall follow its normal procedural requirements for variances. (2) At the variance hearing, the zoning board of appeals may grant a variance from the provisions of this chapter upon a finding of all of the following: a. The particular physical surroundings, shape or topographical conditions of the property would render compliance with the provisions of this chapter difficult and would likely result in a particular hardship on the person erecting the fence as distinguished from inconvenience of the article requirements or a desire to increase financial gain or avoid the financial expense of compliance. b. Strict enforcement of the provisions of this article would be futile. c. The type of fence and the location proposed would not pose a significant risk to the public health, safety and general welfare. d. The benefit of the fence to the general public and/or the applicant under the circumstances outweighs any risk to the health, safety and general welfare of the residents of the city. e. A variance would be in the best interest of the city and not against the spirit and intent of this article. (3) In issuing a variance from the strict letter of the provisions of this article, the zoning board of appeals may modify any fence requirement or place reasonable conditions or restrictions upon issuance of a permit. Fees. Fees for fence applications shall be paid in accordance with a schedule adopted by resolution of the council and must be paid to the building department at the time the application is filed. (Ord. No. 1080, ) Addition of (a) (4) and (a)(5) approved by city council in February 2016.

- CODE OF ORDINANCES Chapter 14 - PLANNING ARTICLE II. - RESIDENTIAL FENCE REGULATIONS

- CODE OF ORDINANCES Chapter 14 - PLANNING ARTICLE II. - RESIDENTIAL FENCE REGULATIONS Sec. 14-21. - Short title. Sec. 14-22. - Definitions. Sec. 14-23. - Purpose. Sec. 14-24. - Scope. Sec. 14-25. - Permit requirements. Sec. 14-26. - Fence types, dimensions and specifications. Sec. 14-27.