[CC 1976 §540.010; Ord. No. 877 §1, 8-10-1965]
No person, firm, or corporation shall hereafter construct or erect any fence, wall, or screen, hereafter designated as a vertical separation, without first having obtained a permit from the Building Commissioner. No permit shall be issued for construction of any vertical separation unless plans for the proposed vertical separation are in accordance with the provisions of the Building Code and as hereinafter set forth.
[CC 1976 §540.020; Ord. No. 877 §2, 8-10-1965]
Application for a permit to construct any vertical separation must be made in writing upon forms provided by the City. Said application shall contain the name and address of the person, firm, or corporation making application; the name and address of the contractor or person who is to construct said vertical separation; and plans showing the dimensions, location, and type of materials to be used in constructing said vertical separation, shall accompany and form part of the said application for a building permit.
[CC 1976 §540.030; Ord. No. 877 §3, 8-10-1965; Ord. No. 2555 §2, 3-10-2009]
At the time the applicant applies for a permit to erect and construct any vertical separation, a building permit fee shall be paid by the applicant. The building permit fee shall be twenty dollars ($20.00) for the first (1st) two hundred (200) lineal feet or less and an additional ten dollars ($10.00) for each additional one hundred (100) lineal feet or factional part thereof.
[CC 1976 §540.040; Ord. No. 877 §4, 8-10-1965; Ord. No. 1209 §12, 8-12-1975; Ord. No. 2555 §3, 3-10-2009]
The fee to be charged for inspection of said vertical separation shall be twenty dollars ($20.00) for each inspection.
[Ord. No. 2848 §I, 5-10-2016]
Prohibited Material And Construction.
Vertical separations shall not be constructed or reconstructed or erected, in whole or in part, with cloth, canvas, bamboo, chicken coop wire, or other like material.
Vertical separations in the front of the front building line of any residentially zoned or residentially occupied lot shall not be constructed or erected, in whole or in part, with chain link, wire, wire mesh, or other like materials or construction. This restriction shall apply to all street frontages on corner lots, through lots, or multiple-frontage lots.
Vertical separations shall be constructed in such a configuration that all framing members and support posts face towards the interior of the property of the person who erects, constructs or causes the vertical separation to be constructed, unless otherwise approved by the Shrewsbury Board of Aldermen.
Barbed Wire. Vertical separations on any residentially zoned or residentially occupied lot shall not be constructed, in whole or in part, with barbed wire or any like material unless otherwise approved by the Shrewsbury Board of Aldermen.
Electric Fences. No vertical separation shall have an electric current running through it unless approved by the Shrewsbury Board of Aldermen.
Swimming Pool Fences. Swimming pools shall be enclosed by a vertical separation/barrier in accordance with the Shrewsbury building codes.
Height shall be measured vertically from the topmost point of the vertical separation material to the ground.
Vertical separations shall not exceed six (6) feet in height. Posts may extend upward in height past the vertical separation material up to, but no further than, six (6) inches.
Vertical separations located in front of the front building line of any residentially zoned or residentially occupied lot shall not exceed forty-eight (48) inches in height, unless the aforementioned frontage area does not have any other frontage areas adjacent to it on the same side of the street. However, no vertical separation shall ever exceed forty-eight (48) inches in height on the addressed frontage of the lot.
Vertical separations located in the front of the front building line of any residentially zoned or residentially occupied lot shall be at least one-third open, unless the aforementioned frontage area does not have any other frontage areas adjacent to it on the same side of the street. However, any vertical separation on the addressed frontage shall be at least one-third open.
Vertical separations shall not be located within the public right-of-way.
Vertical separations shall not be located within a twenty-five-foot radius measured from a starting point of intersection between two intersecting streets, measured from the middle of the curb's arc at the intersection (if the curb is in an arcing pattern) or from the point of pavement intersection (if the pavement from the two streets meets at a ninety-degree angle).
Vertical separations shall not be located within one foot of a public sidewalk.
Vertical separations enclosing utility substations; utility installations; bridges; retaining walls along roadways; culvert openings; open drainage areas; installations by City, State, county or public utility; and temporary construction separations are exempt from the provisions of Section 535.050.
Non-Conforming Vertical Separations. Vertical separations legally installed prior to the adoption of this Chapter and not in conformity to this Chapter may remain. However, such legal, non-conforming separations shall be maintained in good repair and shall not be structurally unsound and shall not be allowed to deteriorate to an unsightly condition. Non-conforming separations which require fifty-percent or more replacement or repair in a one-year period shall be required to conform to the provisions of this Chapter.
Appeals And Variances.
Any person aggrieved by an order, requirement, decision or determination of the Building Commissioner with respect to vertical separations covered by this Chapter shall be entitled to appeal to the Board of Adjustment for the purpose of review and modification of the Building Commissioner's order, decision or determination.
The Board of Adjustment may grant variances from this Chapter where it is found that the applicant would be subject to an undue hardship because of:
The limitations on the character, size, or dimensions of a vertical separation as part of a historic restoration of the property; or
Due to the nature, shape, size, or area of the lot such as may be present on through-lots or multiple-frontage lots, whereon no reasonable area is available for the use and privacy of the resident.
Undue hardship will not be constituted by mere cost considerations, mere loss of possible advantage or lack of convenience to the applicant. Even if it is determined that the applicant for a variance is subject to an undue hardship, the Board of Adjustment retains the right to reject or revise and determine the scope of the proposed vertical separation based on the following factors:
The size and type of the proposed vertical separation compared with the scale of the building to which it relates and/or to the aesthetic environment of the surrounding structures and land uses;
Whether the proposed vertical separation impairs the adequate supply of light and air to adjacent properties in any manner;
Whether the vertical separation adversely affects the character of the neighborhood;
Whether the proposed vertical separation adversely affects the general health, safety and welfare of the community.
Editor's Note: Section I of this ordinance repealed former Section 535.050, Plans Subject to Approval, adopted by CC 1976 §540.050, as amended.
[Ord. No. 2848 §II, 5-10-2016]
It shall be the property owner's responsibility to ensure that the vertical separation/barrier is placed entirely upon the owner's property.
Editor's Note: Section II of this ordinance repealed former Section 535. 060, Building Commissioner To Issue Permit —When, adopted by CC 1976 §540.060, as amended.
[CC 1976 §540.070; Ord. No. 877 §9, 8-10-1965]
Vertical separations may be constructed of woven wire of twelve (12) gauge or heavier, wood, brick, rubble stone, cut stone, wrought iron, sculptured concrete block, terra cotta, or a combination thereof, and other materials as approved by the Building Commissioner.
[CC 1976 §540.080; Ord. No. 877 §10, 8-10-1965]
It shall be the responsibility of the legal owner, agent, occupant, or person in control of the property to fully maintain the vertical separation, in a neat, clean, and safe condition at all times.
[CC 1976 §540.090; Ord. No. 877 §12, 8-10-1965]
Any person, firm, or corporation violating any provision of this Chapter shall be fined not more than five hundred dollars ($500.00) and costs, or not more than ninety (90) days imprisonment, or both such fine and imprisonment. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.