ORDINANCE NO. 2005-02
An Ordinance to Amend Chapter 62 of the Code of Ordinances
for the Village of Ontonagon.
The Village of Ontonagon hereby ordains that Chapter 62 (Zoning) Article IV (Zoning Administration) be renumbered as Article V, and a new Article IV (Fences) be inserted to read as follows:
Article IV. Fences
Sec. 62-400 Purpose
Sec. 62-401 Authority
Sec. 62-402 Definitions
Sec. 62-403 Requirements
Sec. 62-404 Permit Required
Sec. 62-405 Requirements by Zoning District
Sec. 62-406 Requirements Applicable to All Fences
Sec. 62-407 Special Purpose Fences
Sec. 62-408 Maintenance of Nuisances
Sec. 62-419 Unsafe Fences
Sec. 62-410 Appeals
Sec. 62-411 Repealing Clause
Sec. 62-412 Savings Clause
Sec. 62-413 Violation and Penalty
Sec. 62-414 – 62-415 Reserved
Section 62-400. Purpose
The purpose of this ordinance is to preserve the public health, safety and general welfare of the residents of the Village of Ontonagon by regulating the manner and location of fence and screen wall installations in the Village of Ontonagon.
Section 62-401. Authority
This Ordinance is adopted under the authority of Section 43 of Act 3 of the Public Acts of 1895, as amended (MCL 67.43).
Section 62-402. Definitions
For the purpose of this Ordinance, certain terms are herewith defined as follows:
Adjacent grade shall be construed as the average grade measured at a point three (3) feet on each side of the fence. In the case of a fence on a retaining wall, adjacent grade shall be the grade of the top of the wall.
Any permanent partition, structure, or gate erected as a dividing marker, barrier, or enclosure, including hedges or living bushes or shrubs, encircling either wholly or any portion of any area.
The average distance between the top element in the fence and the adjacent grade over a straight section of fence with no corners.
PROTECTIVE MEASURES FENCE
A fence erected for the express purpose of protecting an enclosed area and the property therein, or a fence intended to deny access to a dangerous property or location.
Section 62-403. Requirements
It shall be unlawful for any person, firm, or corporation to construct or cause to have constructed any fence upon any property within the corporate limits of the Village of Ontonagon, except in accordance with the requirements and restrictions herein provided.
Section 62-404. Permit Required
Any person desiring to build or cause to be built a fence upon property within the corporate limits of the Village of Ontonagon shall first apply to the Zoning Department for a permit to do so. Application for such permit shall contain any and all information, including drawings, required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this ordinance or the laws of the State of Michigan. Any permit issued under the provisions of this ordinance in which construction has not been completed within six (6) months from the date of issuance, shall expire. Permit extensions may be granted by the Zoning Administrator not to exceed one (1), six (6) month extension.
Section 62-405. Requirements by Zoning District
(a) R-1 Residential District – R-2 Residential District – R-3 Residential District.
Height: Fences shall not exceed six (6) feet in height.
Exceptions: Where a fence is within 10 feet of an adjoining lot containing a one or two family dwelling, it shall not exceed four (4) feet in height between the rear line of that dwelling and its front property line as defined in the zoning ordinance. If the adjoining lot is vacant but could contain a one or two family dwelling, the fence shall not exceed four (4) feet in height between the rear yard (defined in the zoning ordinance) and the front property line. A fence in a required front yard may not exceed four (4) feet in height.
Construction: Fences may be of solid construction. A screening fence authorized or required by Village ordinance or administrative board or official, or by State Law may be of solid construction.
(b) B-1 General Business District
Height: Fences shall not exceed six (6) feet in height.
Construction: Fences may be of solid or closed construction. A screening fence authorized or required by Village ordinance or administrative board or official, or by State Law may be of solid construction.
(c) I-1 Light Industrial District – I-1 Industrial District
Height: Fences shall not exceed ten (10) feet in height.
Construction: Fences may be of solid or of closed construction.
Section 62-406. REQUIREMENTS APPLICABLE TO ALL FENCES
(a) All fences must be located on the private property of the person, firm, or corporation constructing the fence, and shall not extend toward the street beyond the front property line.
(b) Fences shall be constructed with boards, chain link construction, or other suitable material firmly connected to posts sunk in the soil at least two (2) feet or more as necessary to properly support the fence.
(c) Except where partition fences between two properties may be erected by written agreement between the owners, thereof, the boards, chain link, or other material used in the building of a fence shall be fixed to that side of the posts nearest to the property line.
(d) No fence shall be constructed, maintained, or placed on any property in the Village of Ontonagon of metal construction or otherwise, which is charged or connected with an electrical current in such manner as to transmit said current to persons, animals, or things which intentionally or unintentionally might come in contact with it.
(e) Barbed wire is prohibited in the Village of Ontonagon except as permitted by the Board of Zoning Appeals on approved protective measure fences.
(f) Concertina wire, and similar types of fence with sharp edges designed to injure, are prohibited in the Village of Ontonagon.
(g) No fence located at a street intersection may exceed three (3) feet in height within a clear vision triangle formed by measuring 25 feet along each property line from the corner of the right of way.
Section 62-407. SPECIAL PURPOSE FENCES
(a) Swimming Pools: All swimming pools with a water depth of two (2) feet or greater at any point shall be enclosed with a six (6) foot high fence, not closer than four (4) feet from the pool’s edge on any side. Gates in the fence shall have a self-latching catch or lock located not closer to the grade than four (4) feet and otherwise made inaccessible from the outside to small children.
(b) Protective Measures Fence: A protective measures fence may only be erected upon a finding by the Board of Zoning Appeals of the need for such fence. The Board’s established procedures for filing fee, notice, and hearing shall be followed. The applicant does not need to demonstrate hardship, only the need for the fence. In approving such a fence the Board shall determine that the definition of a protection measures fence is met and that there is no reasonable alternative to the erection of the fence. A protective measures fence shall not exceed 12 feet in height I – Industrial District, 10 feet in height in the Business, and 8 feet in height in all other districts. The owner of a protective measures fence may be granted permission to erect necessary and reasonable barriers along the uppermost edge of such fence including barbed wire.
Section 62-408. Maintenance of Nuisances
Fences must be maintained as not to endanger life or property. Any fence which, through lack of repair, type of construction, or otherwise, imperils life or property, shall be deemed a nuisance. The Zoning Administrator or Zoning Official shall notify the owner of the property on which such a fence is located of the existence of such a nuisance. The owner must then abate said nuisance within six (6) days after receiving such notice. In the case of immediate danger to life or property the Administrator may require immediate abatement.
Section 62-409. Unsafe Fences
Fences containing barbed wire, concertina or similar wire, and electric fences are hereby declared hazardous to public safety. The Zoning Administrator may order the removal of such fences when they are located in a residential zoning district. Such fences located in other zoning districts may not be maintained or repaired and must be removed when they become dilapidated.
Exception: Barbed wire which is part of a protective measures fence approved under this or a previous ordinance is exempt from this requirement.
Section 62-410. Appeals
Upon appeal in writing by the owner or owner’s agent of any property, the Board of Zoning Appeals of the Village of Ontonagon, after notice and hearing in accordance with the established procedure of the Board, may in its sound discretion and in the interest of the public health, safety, and welfare, reduce or remit the requirements of this ordinance in individual cases. The Board may not permit a kind of fence which is forbidden by this ordinance.
Section 62-411. Repealing Clause
All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed.
Section 62-412. Savings Clause
If any section, subsection, sentence, clause, or phrase of this ordinance may, for any reason, be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 62-413. Violation and Penalty
Any person violating or failing to comply with the provisions of this ordinance shall upon conviction, be punished according to the provisions of Section 1-10. Each day a violation continues shall be deemed a separate offense.
Section 62-414 to 62-415. Reserved.
This Ordinance shall take effect immediately upon publication.
ORDINANCE DECLARED ADOPTED.
Date: February 14, 2005
Joan Nygard, Village Clerk