[Ord. No. 461 §1, 6-18-2002]
No fence or wall shall be erected in front of any residential dwelling.
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.
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.
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]
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.
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.
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.
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.
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]
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.
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:
Same is novel in design and not in use in the City; or
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.
The Building Commissioner's office shall make an inspection after the fence is erected to determine that all code requirements have been met.
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.
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.
The Commission shall approve or conditionally approve the application if it finds:
The subject matter of the application would not be detrimental to or inconsistent with property in the surrounding area based on the following conditions:
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]
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.
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.