Port Huron Charter Township Section Fences Ordinance # 233

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

PROPERTY MAINTENANCE. Chapter 438 FENCES - HEIGHT - REGULATION

OFFICE CONSOLIDATION FENCE BY-LAW BY-LAW NUMBER By-Law Number Date Passed Section Amended

FENCE PERMIT APPLICATION

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO

THE CORPORATION OF THE CITY OF CLARENCE-ROCKLAND BY-LAW NUMBER BEING A BY-LAW TO REGULATE HEIGHT AND DESCRIPTION OF LAWFUL FENCES

FENCING/SCREENING/LANDSCAPING

CITY OF EASTPOINTE BUILDING DEPARTMENT APPLICATION FOR FENCE PERMIT

BE IT ORDAINED, by the Township Council of the Township of Livingston in the County of Essex as follows:

Fences. Call Gopher State One at to identify utility locations prior to digging post holes.

CITY OF SNOHOMISH Snohomish, Washington ORDINANCE 2325

Fence By-law. PS-6 Consolidated May 14, As Amended by: PS March 20, 2012 PS May 14, 2013

ARTICLE F. Fences Ordinance

ORDINANCE NO

Fences and Walls Handout Excerpts from MBMC

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK

CONSOLIDATED WITH BY-LAW THE CORPORATION OF THE TOWNSHIP OF MULMUR BY-LAW NO FENCE BY-LAW

THE CORPORATION OF THE VILLAGE OF NEWBURY BY-LAW A By-law to Prescribe the Height and Type of Fences

TOWNSHIP OF WORCESTER MONTGOMERY COUNTY, PENNSYLVANIA ORDINANCE NO

CITY OF KINGSTON. Ontario. By-Law Number A By-Law To Regulate Fences. By-Law Number: Date Passed: September 9, 2014

City of Otsego Zoning Ordinance Section 16 General Building and Performance Requirements

HANDOUT FOR MULMUR TOWNSHIP RATEPAYERS SWIMMING POOLS AND FENCES May 01, 2013

Building Code TITLE 15. City Uniform Dwelling Code Reserved for Future Use

CITY OF MERCER ISLAND ORDINANCE NO. 02C-09

THE CORPORATION OF THE CITY OF WATERLOO

: FENCE STANDARDS:

Chapter 10 BUILDINGS AND BUILDING REGULATIONS*

Meridian Township, MI Tree/Landscape Ordinance (1974)

Embassy Park Architectural Control Committee, ACC. Memo on fencing procedures and requirements

AGENDA. Mayor s Statement Open Public Meetings Act & Emergency Fire Exits.

THE CORPORATION OF THE TOWNSHIP OF SEVERN BY-LAW NO

Amended Bill No. 26, Ordinance No. 26, Session 2015 ARTICLE 1701 BOCA National Building Code

SIDEWALK CAFE! LICENSE APPLICATION PACKET

PIKE TOWNSHIP, OHIO July 6, 2010 ZONING REGULATIONS

TITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1 MISCELLANEOUS

Amended Bill No. 26, Ordinance No. 26, Session 2012 ARTICLE 1701 BOCA National Building Code

(3) erect a fence includes altering, constructing, or relocating a fence,

THE CORPORATION OF THE TOWN OF INNISFIL BY-LAW NO

CRANBURY TOWNSHIP ORDINANCE #

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS:

TOWNSHIP OF CLARK Ordinance No. Adopted. Introduced: January 20, 2015 Public Hearing: February 17, Motion: O Connor Motion:

Fences. An Information Package for the erection and installation of Fences in the City of Thorold

ARTICLE VIII SIGN REGULATIONS

ORDINANCE NO. NORTHAMPTON TOWNSHIP BUCKS COUNTY, PENNSYLVANIA

CITY OF TYLER CITY COUNCIL COMMUNICATION

CITY COUNTY ZIP CODE ADDRESS CITY STATE ZIP CODE

2018 Municipal Election. Sign Information for Candidates & Third Party Advertisers. #wrvotes

ORDINANCE NO Ordinance No Page 1 of 7. Language to be added is underlined. Language to be deleted is struck through.

Fence By-law By-law No

Chapter SIGN REGULATIONS Statement of purpose Definitions. Page 1. Sections:

Model Zoning Ordinance

BE IT ORDAINED BY THE JURISDICTION OF,

Now, therefore be it and it is hereby ordained chapter 152 Outdoor Advertising shall read as follows:

TITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1 MISCELLANEOUS Obstructing streets, alleys, or sidewalks prohibited. No

ORDINANCE NO. WHEREAS

ORDINANCE NO. C-13-34

ART. II TEMPORARY SIGNS Draft as of March 21, 2018

SHOHOLA TOWNSHIP ORDINANCE # 53 REGULATING E-911 STREET & HOUSE NUMBER SIGNS

City CQ)f WesiwCQ)Jrth Village 31]1 Bm ' ~o:n JHljl1 IRo 'Il '~ VVest-wodh Village, T :g: ]Pax ll7.7jlo.2501

THE CORPORATION OF THE TOWNSHIP OF KING THE FENCE BY-LAW NUMBER

Borough of Berwick ORDINANCE

THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS:

ELKTON ZONING ORDINANCE

5100. General lol. Exempt Signs loz. Temporary Sign Regulations Business Signs Off-Premises Signs los. Sign Permits

CHAPTER 11. Streets, Sidewalks and Public Property

ORDINANCE NO

The following signs shall be permitted in all business and industrial districts:

Billboard: A billboard is a free standing sign over 32 square feet which meets any

1.1. By-law means this by-law and any schedule to this by-law as they may from time to time be amended.

Ordinance No. 24 of 2018 died due to a lack of a motion to adopt. Reintroduced as Ordinance No. 34 of Egg Harbor Township. Ordinance No.

ARTICLE 17 SIGNS AND AWNINGS REGULATIONS

BYLAW NO. 18/2006 NOW THEREFORE THE COUNCIL OF THE MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 ENACTS AS FOLLOWS:

Chapter 14 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

Up Previous Next Main Collapse Search Print Title 23 ZONING

Article 14: Nonconformities

9:30. Ward 12 Anthony Brancatelli. Collection Appeal

CHAPTER 21 SIGNS (eff. 2/9/2017)

ORDINANCE NO. 867 AN ORDINANCE AMENDING CHAPTER 16 OF THE DACONO MUNICIPAL CODE REGARDING SITE PLANS AND USES IN THE C-1 COMMERCIAL ZONE DISTRICT

Additional Sign Permit Information

ORDINANCE WHEREAS, the Town of Montverde regulates permitting and setbacks for canopies and accessory buildings; and

NO SIDEWALK CAFÉS REGULATION BYLAW A BYLAW OF THE CITY OF VICTORIA

ARTICLE XI ENFORCEMENT, PERMITS, VIOLATIONS & PENALTIES

THE CORPORATION OF THE TOWN OF HAWKESBURY. By-law N A By-law respecting the erection and maintenance of Fences including Swimming Pool Fences

BUSINESS REGULATIONS JUNK DEALERS, JUNK YARDS AND PLACES FOR THE DISMANTLING OF AUTOMOBILES ORDINANCE NO. 1

b. signs indicating street names and direction; d. public notice signs.


CITY OF RUSTON. Inspection Department Fax: OFF-PREMISE SIGN PERMIT APPLICATION SITE PLAN MUST BE INCLUDED WITH APPLICATION

BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY ORDINANCE #8-12

For the purpose of this subchapter, uses of signs shall be identified as follows:

ORDINANCE Borough of Metuchen County of Middlesex State of New Jersey

CHAPTER 110. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. R.S.39:4-8 is amended to read as follows:

CITY OF LAGUNA BEACH PLANNING COMMISSION

Honorable Mayor Bill Agan and members of the Richland Hills City Council. Zoning Ordinance Change as recommended by the Planning and Zoning Commission

Chapter 10. Health and Safety

GANGES TOWNSHIP ORDINANCE NO. 23 VEHICLE STORAGE AND REPAIR ORDINANCE. Adopted: December 13, Effective: January 22, 2006 THE TOWNSHIP OF GANGES

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK ORDINANCE #

ORDINANCE 11-O-14 { }{

Accessory Buildings (Portion pulled from Town Code Updated 2015)

STATEMENT OF OWNERSHIP

TITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1 MISCELLANEOUS Obstructing streets, alleys, or sidewalks prohibited. No

Transcription:

Port Huron Charter Township Section 40-737 Fences Ordinance # 233 An Amendment to the Zoning Ordinance, Section 40-737. Fences, by the revision of the existing Section to read as follows: The Charter Township of Port Huron, St. Clair County, State of Michigan, ordains: SECTION 1: TITLE This Ordinance shall be know and cited as Section 40-737 Fences SECTION 2: PURPOSE OF THIS ARTICLE The purpose of this article is for the revision of Section 40-737 Fences, of the Zoning Ordinance of Port Huron Township for the protection of the public health, safety and general welfare of persons and property regarding the placement, erection, sizes and maintenance of fences within the Charter Township of Port Huron. SECTION 3: ADOPTION Such code is to be kept on file in the office of the Charter Township of Port Huron and is hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, as prescribed herein. SECTION 4: REVISION The following sections of the Section 40-737 Fences, of the Zoning Ordinance are hereby revised to read as follows: Sec. 40-737. - Fences. Every fence constructed or erected in the township shall comply with the regulations of this chapter. No fence shall be erected or constructed until a permit has been issued in accordance with the provisions of this section. (1) General requirements. a. Fence materials. Fences shall consist of materials commonly used in conventional fence construction, such as wood or metal. Razor wire shall not be permitted. Fences that carry electric current are prohibited. Barbed wire may only be permitted as further noted in this ordinance. Fence posts shall be sunk into the ground at least three feet. b. Finished appearance. If, because of the design or construction, one side of the fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot with the following exceptions: 1. When a fence is approved for construction under a joint permit as provided for in this section, the joint permit holders shall determine the preferred orientation of the more finished side of the fence along the common property lines of the joint permit holders.

2. An owner of abutting property may waive the right for the more finished side of a fence to face his abutting property. Such waiver of right must be in the form of a written consent statement, signed by the owner of the property where the fence would face under the normal requirements of this section. The written consent statement shall be attached to the permit application and maintained with permit records by the building official. c. Obstruction to use of adjoining property. No fence shall be erected where it would prevent or unreasonably obstruct the use of adjacent property, nor shall a fence be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the building official may require a fence to be set back a minimum distance of not more than two feet from a driveway or property line in order to provide for the safe passage of pedestrians, bicyclists or vehicular traffic or other safety related concerns. d. Fence maintenance. Fences shall be maintained in good condition. All fences shall be the responsibility of the owner of the property on which it is placed. Rotten or broken components shall be replaced, repaired or removed. As required, surfaces shall be painted, stained or otherwise treated with materials to protect and preserve the fence and provide an attractive finish. If a fence is found to be in need of repair by the building official, the building official shall issue orders to complete such repairs. Failure to comply with written notice to the property owner of record by the building official ordering completion of such repairs shall be deemed a violation of this chapter. e. Location requirements. Any fence shall be located entirely on the private property of the person constructing it. No fence, or portion thereof, such as barbed wire, may extend into or over, another s property, right of way, or an established walkway such as a sidewalk, with the exception of gates. These may swing into or over a private walkway provided there are no hazardous sections such as barbed wire which may cause serious intentional bodily harm. However, adjoining property owners may jointly apply for a fence permit, in which case the building official may permit it to be constructed on their common property line. A fence shall not be attached to or touch a fence located on another owner's lot without the express written agreement of the owner's of both fences. No more than three inches is permitted between such fences. In every case, fences must be constructed with adequate posts and other supports so that each fence is capable of maintaining an upright position and the location described in the original application for permit to construct the fence. f. Corner clearance. Fences located adjacent to a street or driveway shall be designed to provide unobstructed sight distance for drivers in accordance with section 40-665(4). g. Nonconforming fences. Any future additions or improvements will be required to conform to this chapter. (2) Review and approval procedures. a. Application for permit. No fence shall be erected or constructed until a permit has been issued in accordance with the provisions of this section. If a fence is proposed in conjunction with a development that requires site plan review, then the fence shall be shown on the site plan. The site plan shall be

reviewed in accordance with normal site plan review procedures. No additional permit is required when a fence is approved as part of a site plan. In all other cases, an application for permit to construct a fence shall be filed with the building official. The application shall be accompanied by drawings and other information that illustrate the dimensions, design and location of the proposed fence. The following minimum information shall be included on the drawing submitted in support of a fence permit application: 1. Fence location. 2. Distance from lot lines and site improvements. 3. Materials used in construction. 4. Location of all structures within 25 feet of the proposed fence. 5. Location of all existing fences within ten feet of the proposed fence. 6. Location of all driveways within 25 feet of the proposed fence. 7. Location of all sidewalks within 25 feet of the proposed fence. The building official may determine other additional information is reasonably necessary to provide a complete review of the proposed fence. Such additional information shall be provided by the applicant as may be required by the building official to ensure compliance with the regulations set forth in this chapter and to ensure the fence is constructed with sound materials. b. Application review fee. Each fence permit application shall be accompanied by an application review fee to recover the reasonable costs for review and permit issuance. The amount of the fee shall be fixed by resolution of township board and posted in the building department. If the fence is constructed before an application for a permit is obtained, the fee shall be increased to an amount equal to twice the fee that is required if the permit application and fee were obtained prior to construction of the fence. c. Survey required. In the event lot lines for the subject property cannot be located to the satisfaction of the building official, the building official may require the applicant to establish lot lines on the property through placement of permanent stakes located by a licensed surveyor. Lot lines must be located before the fence permit is issued. The building official may withhold issuance of the permit to construct the fence until the lot lines are located and a licensed surveyor places permanent stakes. d. Administrative rules. The building official may establish reasonable rules and procedures, consistent with the intentions of this chapter that may be necessary to provide for the proper administration of this section. e. Application review and permit issuance by the building official. The building official shall review the fence application and supporting data with respect to the standards set forth in this chapter, the adopted state construction code and administrative rules that may be established to provide for proper administration of this section. The building official shall grant a permit to construct a proposed fence upon finding that the proposed fence fully complies with all applicable regulations. f. Appeal of a decision. An applicant may appeal a decision of the building official or planning commission concerning a proposed fence or enforcement of the provisions of this section to the zoning board of appeals.

(3) Fence regulations in residential zoning districts. a. Locations and height. 1. Fences in residential districts shall not exceed six feet in height, with an additional three-inch clearance underneath for maintenance. 2. Fences are permitted as follows: A. Fences located in a front yard may not exceed three feet (3 ) in height and may only consist of decorative or ornamental fencing and may not consist of chain link or agricultural wire fencing. B. Fences located in a side yard may not exceed four feet (4 ) in height and may consist of decorative, ornamental, chain link or wire fencing. Fences located in both a side and front yard that abut a street, (such as a corner lot or other adjacent street) may be a maximum of four feet (4 ) in height for the distance of the required front yard setback. They shall also, only consist of decorative or ornamental fencing, and may not consist of chain link or agricultural wire fencing for the required front yard setback distance. C. Fences located in a rear yard may be a maximum of six feet (6 ) in height. 3. Fences located along the side lot line abutting a street on a corner lot shall be located no closer than one foot to the edge of the sidewalk or on the lot line if there is no sidewalk adjacent to the lot line. b. Barbed wire. Barbed wire is not permitted in residential districts except where erected entirely inside of another permitted, conforming fence, on properties approved for agricultural uses for the containment of livestock, in compliance with the above yard restrictions. c. Fences enclosing public areas. Fences that enclose public parks, playgrounds or similar public areas located within a residential district shall not exceed eight feet in height, measured from the surface of the ground. (4) Fence regulations in nonresidential zoning districts. a. Location. 1. Except as otherwise permitted in this section for industrial facilities, fences shall be permitted in the rear or side yards of nonresidential districts, provided that no fence shall extend closer toward the front of the lot than any portion of the principal structure. 2. A fence may also be installed in the front yard of a lot located in the M-1 light industrial district for the purpose of providing security for goods, supplies and vehicles stored on the industrial lot. An application for the security fence shall be considered consistent with the special use approval procedures of this chapter. The fence permit application for the security fence shall be accompanied by an application for special use approval. Reasonable conditions for the placement of such fences may be included when such fence is approved as a special use.

3. Fences located along the side lot line abutting a street on a corner lot shall be located no closer than one foot to the edge of the sidewalk or on the lot line if there is no sidewalk adjacent to the lot line. 4. Fences on corner lots shall comply with the corner clearance requirements in section 40-665(4). b. Height. Fences in commercial and industrial districts shall not exceed eight feet in height without special use approval by the Planning Commission. c. Signs attached to fences. Signs advertising the availability of services or products shall not be attached to any fence. The only sign that may be attached to a fence shall indicate the name of the individual or company that constructed the fence and that sign shall not exceed one square foot in area. d. Barbed Wire. If barbed wire is attached to the top of a fence in an industrial or commercial district, the barbed wire shall be at least a minimum of six feet (6 ) above the ground and the total fence height including the barbed wire may not exceed eight feet (8 ) without special use approval by the Planning Commission. (5) Conflict with wall requirements. This section shall in no way alter or affect the requirements for walls set forth in other sections of the ordinance. SECTION 5: VIOLATIONS (Section 8:94) (a) A violation of this article is deemed to be municipal civil infraction pursuant to MCL 42.21, and any person or entity violating this article is responsible for a municipal civil infraction and subject to the fines and costs to be levied in accordance with the schedule of municipal civil infraction fines determined by the Township Board, as amended from time to time, and which shall be posted at the Municipal Ordinance Violations Bureau located at the Port Huron Township Hall, 3800 Lapeer Rd., Port Huron, MI. (b) A violator of this article shall also be subject to such additional civil fines, costs, damages, expenses or judicial orders as may be authorized under MCL 600.8701 et seq. (c) Each day a violation of this article continues to exist constitutes a separate violation. SECTION 6: REPEALS. All ordinances inconsistent with the provisions of this ordinance are hereby repealed. SECTION 7: SEVERABILITY Should any provision or part of the Ordinance within be declared by any court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this Ordinance which shall remain in full force and effect. SECTION 8: PUBLICATION This ordinance shall be effective after introduction and adoption by the Township Board upon legal publication, in accordance with the provisions of the Act governing same. The above Ordinance was introduced at the March 18 th, regular Township Board meeting. The above Ordinance was offered for adoption by Township Board Member, and was seconded by Township Board Member, the vote being as follows:

YEAS: NAYS: ABSTAIN/ABSENT: ORDINANCE DECLARED ADOPTED: By: Benita Davis, Township Clerk Charter Township of Port Huron CERTIFICATION I hereby declare that the above is a true copy of an Ordinance adopted by the Charter Township of Port Huron Board at a board meeting held on, at the Charter Township of Port Huron Hall, pursuant to the required statutory procedures. Dated: By: Benita Davis, Township Clerk Charter Township of Port Huron H:\My Documents\PHT\Ordinances & Resolutions\Zoning Ordinance\Twp Board 2-2013 Fence Ord Amendment\PHT Ordinance 233 New Fence Ord.doc