§ 38-393. Fences and hedges.

(a)

A fence is defined as any partition, structure or gate that is erected as a dividing marker, barrier or enclosure (excluding hedges as defined below).

(b)

A hedge is defined as any bush, shrub or any living green screen of any nature that serves as a dividing marker, barrier or enclosure.

(c)

Regulations applicable to R-1, R-2, RM-1, RM-2, OS-1, B-1, B-2, B-3, B-4, C-OS, and P-1.

(1)

A fence shall not exceed six (6) feet in height in the rear or side lot of any parcel;

(2)

Front yard fences or hedges must be less than fifty (50) percent solid, impervious, or of an obscuring nature above a height of thirty (30) inches above the curb or centerline of the street, and not exceed four (4) feet in total height;

(3)

Fences and hedges in front yards that function as exterior side yards must follow front yard restrictions unless the fence or hedge is installed or planted at least nineteen (19) feet back from the right-of-way line or follows the building line of the nearest legal structure. All such fences and hedges must meet clear vision requirements for streets, driveways, and sidewalks.

(4)

No fence or hedge shall extend across property lines;

(5)

The finished side of any fence shall face away from the property on which the fence is located;

(6)

No portion of any fence shall be constructed with or contain barbed wire, electric current or charge of electricity, glass, spikes or other sharp protruding objects;

(7)

Fences must be maintained so as not to endanger life or property. Any fence which, through lack of maintenance or type of construction which will obstruct vision so to create a hazard to vehicular traffic or pedestrians upon the public streets and/or sidewalks shall be deemed a nuisance;

(8)

Fences shall not be constructed, in whole or in part, with any of the following materials:

a.

Junk or other debris.

b.

Scrap building materials or metals.

c.

Organic materials known to be poisonous or hazardous to human or animal life.

d.

Other materials which may be deemed unsafe to person or property by the zoning administrator or building official.

(9)

No hedge shall be constructed with noxious weeds or grasses, as defined by PA 359 of 1941, being MCL 247.62.

(10

Screening walls are required as prescribed in section 38-389.

(d)

Regulations applicable to industrial districts.

(1)

Fences, walls and screens are permitted in the required front, side and rear lots provided they do not exceed six (6) feet in the front yard and eight (8) feet in the side and rear lots. To preserve open space and aesthetic character in the front yard, fences higher than four (4) feet must be setback two (2) feet for each additional foot above four (4) feet and all front yard fences must be black vinyl chain link or decorative in nature.

(2)

Except as provided below, barbed wire strands and noncoated or decorative chain link are permitted on fences six (6) feet or higher on industrial parcels with the barbed wire tilted in toward the fenced parcel. Barbed wire is not permitted in the front yard except for those located on McMillan Ave, Industrial Drive, South Street, and Aiken Road.

(3)

On any corner lot, no fence, wall or screen, whether structural or botanical, shall be more than thirty (30) inches above the curb or the centerline of the street pavement, or within twenty-five (25) feet of the intersection of the two (2) right-of-way lines, so as to interfere with motorists' vision across the corner.

(4)

Screening walls are required as prescribed in section 38-389.

(e)

The zoning administrator or building official may require removal, reconstruction, or repair of any fence or wall which, in their judgment is dilapidated, unsafe, or a threat to the health, safety and welfare of the residents of the City of Owosso.

(f)

A permit shall be required for new fence construction, with a fee to be prescribed by resolution of the council.

(Ord. No. 745, §§ 1, 3, 8-19-13)

Editor's note

Ord. No. 745, §§ 1, 3, adopted Aug. 19, 2013, repealed § 38-393, and enacted a new § 38-393 as herein set out. Former § 38-393 pertained to fences, walls, or screens, and derived from the 1977 Code, §§ 8.202—8.207; Ord. No. 436, § 1(5.92(a)), adopted Sept. 16, 1985; Ord. No. 524, § 1, adopted March 20, 1995; and Ord. No. 626, § 1, adopted March 17, 2003.

Cross reference

Corner clearance, § 38-388.