[Ord. No. 461 §1, 6-18-2002]
A.
No fence
or wall shall be erected in front of any residential dwelling.
B.
No fence
or wall shall be constructed closer than six (6) inches to any property
line without first obtaining the written approval of the property
owner adjoining said property line where the fence or wall is to be
constructed. The written approval shall be submitted to and approved
by the Building Commissioner prior to construction of said fence or
wall.
C.
On corner
lots, no fence or wall shall be constructed on, in front of or within
six (6) inches of the building line along the side street of said
property.
D.
No fence
or wall shall be erected on or in front of any front building line
on any property in the City of Greendale.
[Ord. No. 461 §2, 6-18-2002]
A.
Open Mesh Fences. Open mesh fences not exceeding a height
of forty-eight (48) inches may be constructed in side and rear yards
in residentially zoned areas. Open mesh wire fences not exceeding
ninety-six (96) inches may enclose public parks, public recreational
areas, school properties, public swimming pools and properties zoned
commercial, light and heavy industrial.
B.
Wood, Vinyl And Other Fences. Fences constructed of wood,
vinyl or other appropriate material and not more than six (6) feet
in height may be constructed in the rear and side yards of residentially
zoned areas only.
C.
Ornamental Fences. Decorative fences not exceeding four
(4) feet in height may be constructed providing that prior written
approval has been obtained from the adjoining property owners on either
side of the subject area to be fenced.
D.
Construction Of Fences. All fences shall be constructed
with the structural or supporting members located within or toward
the area to be enclosed or in such a manner as to present the least
conspicuous view of these members to public view. Fences constructed
of light gauge wire such as chicken coop wire, barbed wire, snow fences,
bamboo or of fragile or flammable materials such as paper, plastic,
canvas or other flimsy materials are hereby prohibited.
E.
Preservation Of Fences. In order to protect the property
rights and values, public health, safety, morals and general welfare
of all citizens within the City of Greendale, fences must be kept
in good repair and free from rot, deterioration, rust, peeling and
all other signs of disrepair. The owner or tenant shall repair, paint,
remove or otherwise attend to any fence if it becomes unsightly or
a menace to public health or welfare. The Building Commissioner is
hereby empowered to issue notices to property owners and/or tenants
to comply with this Section. Those persons given notice will be given
a reasonable time to comply with the provisions of this Section but
not to exceed thirty (30) days. Provided however, a longer period
of time may be given by the Building Commissioner if the time limitation
as provided for herein would work an undue hardship on said owner
or tenant of the premises.
[Ord. No. 461 §3, 6-18-2002]
If a person fails to comply with any provisions of this Chapter,
then in that event the Building Commissioner shall certify said non-compliance
to the Board of Adjustment. Said Board after notice and hearing is
authorized and may direct the Building Commissioner to take such action
as may be necessary to repair, replace, rebuild, remove or otherwise
remedy the conditions specified in the certification. All costs to
remedy said condition shall be at the expense of the owner or tenant.
If the costs are not paid by the owner or tenant within sixty (60)
days after billing, then the Board of Adjustment shall certify the
amount due to the municipal Finance Officer who shall issue a special
tax bill thereon. Said tax bill shall be collected as other taxes
on real estate and shall be a lien on the real estate.
[Ord. No. 461 §4, 6-18-2002]
When any fencing structure or wall has become damaged or in disrepair to such an extent that it is unsafe, unhealthy or unsanitary and in the opinion of the Building Commissioner life or health may be immediately endangered by allowing said fencing structure or wall to remain in said condition, in that event, the Building Commissioner is hereby authorized and empowered to order the owner, tenant or agent of the owner or tenant to proceed immediately with the corrective work and repairs to make the structure safe, healthy or sanitary as the situation may require. If the owner, tenant, or agent fails to comply with the order, then the Building Commissioner shall have the corrective work done and require the owner, tenant or agent of the owner or tenant pay for said work as provided for in Section 410.030.
[Ord. No. 461 §5, 6-18-2002]
A.
Permit Required. It shall be unlawful to erect any fence or wall in the City of Greendale without first having filed with the Building Commissioner an application for a fence permit together with a survey of the property, sketch or diagram of the type of fencing, design, color and location on the property in which the fence is to be located. A permit shall be issued by the Building Commissioner, only if the proposed fence or wall complies with the requirements of this Chapter. There will be a fee as set out in Section 130.200 of this Code and said fee shall be submitted with all applications.
B.
Exceptions.
1.
The
Building Commissioner shall issue no permit for the erection, alteration
or enlargement of a fence without the approval of the Board of Adjustment
if:
a.
Same
is novel in design and not in use in the City; or
b.
The
Building Commissioner finds the proposed fence would be detrimental
to the stability and values of surrounding property by reason of its
incompatibility and inappropriateness thereto and is inharmonious
and inconsistent with the surrounding property and detrimental to
the public health, safety, morals and general welfare of the City.
c.
The
Building Commissioner's office shall make an inspection after the
fence is erected to determine that all code requirements have been
met.
2.
In the
event that the approval of the Board of Adjustment is required, the
Building Commissioner shall, no more than seven (7) days after filing
of the application for a fence permit, certify the application, together
with attached sketches or diagram, specifications and other pertinent
instruments or information in his/her possession, to the City of Greendale's
Board of Adjustment. Within thirty (30) days thereafter, the Board
of Adjustment, in writing, will deliver to the Building Commissioner
its approval, conditional approval, rejection or disapproval of the
said application. Failure of the Board to act within said thirty (30)
day period shall constitute an approval of said application.
3.
Following
the certification of such application and attached documents to the
Board, said Board shall consider same and hold at least one (1) public
hearing at which applicant shall be given five (5) days' written notice
as to time, place and purpose and at which time the applicant shall
be accorded an opportunity to be heard.
4.
The
Commission shall approve or conditionally approve the application
if it finds:
a.
The
subject matter of the application would not be detrimental to or inconsistent
with property in the surrounding area based on the following conditions:
b.
Said
finding of the Board shall not in any case be based on personal preference
as to taste, choice or architectural style but be based upon consideration
of the public health, safety, morals and general welfare and the elimination
of blight in the City of Greendale.
[Ord. No. 461 §6, 6-18-2002]
A.
Jurisdiction Of Board Under This Code. The Board of Adjustment
shall have jurisdiction under this Chapter to hear and decide appeals
where it is alleged by any aggrieved person that there is error in
any order, requirement, decision or determination made by the Building
Commissioner or any other person charged with the enforcement of this
Chapter.
B.
Method Of Appeal From Decision Of Building Commissioner. Any decision of the Building Commissioner under this Chapter may
be appealed to the Board of Adjustment by filing a written Notice
of Appeal with the City Clerk within thirty (30) days of such decision
and by depositing a docket fee of one thousand dollars ($1,000.00)
with the City Clerk. The Board of Adjustment shall schedule a public
hearing within thirty (30) days and shall notify the appellant of
the hearing date by use of certified mail. In no case shall the appellant
be liable for any expenses or costs for surveys, investigations or
hearings of the Board. If a decision appealed from its affirmed, the
docket fee previously deposited by appellant shall be forfeited, and
the money shall be paid into the municipal treasury. If the decision
appealed from shall be reversed or modified, then such docket fee
shall be refunded to appellant. The Board of Adjustment shall notify
the appellant of their decisions by certified mail within ten (10)
days following the public hearing.
