[Ord. No. 1313 §1(425.010), 8-20-2002]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
The official designated by the Board of Aldermen of the City
to administer and enforce the provisions of this Chapter or, in the
event no such designation is made, the City's Building Code and Zoning
Enforcement Officer.
A structure, partition or wall that is not otherwise part
of any building or other structure and is erected for the purpose
of delineating a boundary or for the purpose of confinement or privacy
screening. Shrubs, hedges, trees and other plant material shall not
be considered a fence. A barrier less than eighteen (18) inches in
height used to protect plant growth shall not be considered a fence.
A fence not more than thirty-six (36) inches in height located
in a residential zoning district.
[Ord. No. 1313 §1(425.020), 8-20-2002; Ord. No. 1631 §I, 7-20-2009]
A.
Height. No fence shall exceed six (6) feet in height.
B.
Location.
1.
Fences shall not be erected, constructed or maintained within the front yard area between the street right-of-way and the building line on interior lots. Fences shall not be located in front of the building lines along the side street on corner lots. This paragraph shall not apply to ornamental fences subject to Section 425.030(D).
2.
Fences shall not be erected, constructed or maintained in any roadway
right-of-way which affects the public safety and/or welfare by the
obstruction of vehicular or pedestrian traffic or their sightlines.
For the purpose of this Chapter, the roadway right-of-way shall be
presumed to extend a distance of ten (10) feet from any lot line adjacent
to any street or highway in Bowling Green and on which vehicular or
pedestrian travel occurs.
C.
Materials.
1.
No fence shall be constructed in whole or in part of lightweight
or flexible materials such as cloth, bamboo or barbed wire or other
single wire strung between posts or supports.
2.
No chain link fence shall be erected, constructed or maintained from
which any sharp metal parts protrude at any point of such fence.
3.
No fence shall be erected which is composed, in whole or in part,
by welded or woven wire.
D.
Electrical Fences. No fence shall be erected, constructed
or maintained that has electrical current passing through it.
E.
Advertising. No fence shall be used for advertising purposes.
F.
Violations. The owner of any fence installed, erected or
constructed in violation of this Section shall, upon written notice
from the Administrative Officer, within ten (10) days remove the fence
or bring the fence into compliance with this Chapter. Any fence not
removed or properly altered within ten (10) days from the written
notice is hereby found and declared to be a nuisance and may be removed
by the City and all costs of such removal charged to the owner.
G.
City Ballpark Fences. Notwithstanding Subsection (E), above, the City may provide for advertising on the outfield fence under the following provisions:
[Ord. No. 1834 § 1, 3-20-2017]
1.
Signs are to be four (4) foot by eight (8) foot and to be made
of a material known as "alumalite";
2.
The full color design of the sign is to be provided by the purchaser
to the City Parks and Recreation Department for its approval, understanding
the advertising for alcohol or tobacco products is strictly prohibited,
and the City reserves the right to reject any advertising deemed inappropriate;
3.
The signs must be purchased for a minimum of three (3) years
under the following options:
a.
Three hundred fifty dollars ($350.00) for three (3) years paid
in one (1) lump sum; or
b.
Two hundred dollars ($200.00) paid in one (1) lump sum for the
first year and then one hundred ten dollars ($110.00) per year thereafter
for the final two (2) years.
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The cost after the three (3) year period shall be one hundred
ten dollars ($110.00) per year thereafter if there is an affirmative
renewal of the sign provided by the purchaser to the City. Otherwise
the sign shall be removed by the purchaser.
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4.
The signs will be maintained and cleaned by the City. The extent
of City liability will be repair or replacement, in the sole determination
of the City, of any sign which has been defaced or damaged.
[Ord. No. 1313 §1(425.030), 8-20-2002]
A.
Construction. All fences shall be constructed with a finished
side facing outward from the property. The posts and support beams
shall be on the inside or shall be designed as an integral part of
the finished surface.
B.
Gates. All fence segments abutting an arterial or collector
street, except on corner lots, shall provide one (1) gate opening
per lot to allow access to the area between the fence and the edge
of the street for maintenance and mowing.
C.
Retaining Walls. A retaining wall may be permitted where,
in the judgment of the Administrative Officer, it is reasonably necessary
due to the changes in slope on the site, where the wall is located
at least two (2) feet from any street right-of-way and where the wall
does not extend more than six (6) inches above the ground level of
the land being retained unless the Building Code requires a guardrail
for safety purposes.
D.
Ornamental Fences.
1.
Shall be allowed in front yards on interior lots and in front and
side yards on corner lots.
2.
Shall be constructed with materials compatible with the character
of the residence located on the lot and in keeping with the general
character of the surrounding neighborhood.
3.
Shall be no less than eighteen (18) inches in height.
4.
Shall be set back at least one (1) foot from any sidewalk used by
the public. Where no sidewalks exist, the ornamental fence shall be
located no less than five (5) feet from the street right-of-way abutting
the lot. Additional setback distance may be required at street intersections
to provide adequate traffic sight distance.
E.
Maintenance. All fences shall be maintained and kept in good condition and repair, including paint and stain. If, in the determination of the Administrative Officer, a fence is not in good condition and repair, the owner shall be notified pursuant to Section 425.060. Any fence not repaired or removed within the time period required by Section 425.060 is hereby found and declared to be a nuisance and may be removed by the City and all costs of such removal charged to the owner.
[Ord. No. 1313 §1(425.040), 8-20-2002]
Any fence constructed prior to the adoption or amendment of
this Chapter that does not conform to the provisions of this Chapter
as enacted or amended shall be permitted to continue, provided that
any substantial repair or replacement of any such fence shall conform
with the requirements of this Chapter. In any question of a violation
of this Chapter through continuation of fences which do not comply
with the requirements of this Chapter after the effective date of
the adoption or amendment, any person claiming a right to a legal
non-conforming use shall have the burden of proof and a rebuttable
presumption shall apply that the fence is not so entitled.
[Ord. No. 1313 §1(425.050), 8-20-2002]
A.
In addition to a building permit as may be required by the Building Code (Chapter 500 of the City Code), a fence permit shall be obtained from the Administrative Officer prior to erection, construction or alteration of any fence regulated under this Chapter. Fence permits shall be granted pursuant to the following provisions:
1.
Time. A fence permit shall be required at the time
that a new fence is erected or constructed and at the time any existing
fence is altered.
2.
Applications.
a.
Applications for fence permits shall be made upon forms provided
by the City Clerk.
3.
Fees. Fees as may be adopted by the Board of Aldermen
and on file with the City Clerk shall be paid at the time a permit
is applied for.
4.
Time limits. If the work authorized by the fence
permit has not been completed within six (6) months after the date
of approval, such permit shall become null and void and a new permit
must be applied for and issued prior to erecting the fence. The fees
required for fence permits shall also apply.
[Ord. No. 1313 §1(425.060), 8-20-2002]
A.
Inspections. It shall be the duty of the Administrative
Officer to enforce the provisions of this Chapter. At any reasonable
time, the Administrative Officer may inspect any fence regulated by
this Chapter.
B.
Notice. Whenever the Administrative Officer determines
that a fence is in violation of any provisions of this Chapter, he/she
shall give written notice of such alleged violation to the owner which
shall state:
1.
The violations found.
2.
The specific standards which must be met.
3.
The fence must be brought into compliance within thirty (30) days.
4.
Failure to comply with the terms of such notice shall constitute
grounds for the Administrative Officer to order removal of the fence
at the expense of the owner as provided by this Section.
C.
Removal. If the violations set out in the written notice
have not been corrected within the specified time period after delivery
of the notice, the Administrative Officer may deem the non-complying
fence a nuisance and may remove such fence.
D.
Costs. In the event of failure by any party to reimburse
the City within sixty (60) days for the cost incurred for alteration,
repair or removal ordered by the Administrative Officer, the Board
of Aldermen shall certify the charges for alteration, repair or removal
to the City Clerk as a special assessment represented by a special
tax bill against the real property on which the fence has been erected.
This tax bill shall be a lien upon the property and shall be enforced
to the same extent and in the same manner as all other special tax
bills.
[Ord. No. 1313 §1(425.070), 8-20-2002]
A.
Review Of Administrative Officer's Orders. The Board of
Adjustment is empowered to review or modify the Administrative Officer's
order or determination with respect to fences covered by this Chapter
and to that end shall, during appeal, have all the Administrative
Officer's power. In addition, the Board may grant variances from the
provisions of this Chapter as hereinafter provided.
B.
Guidelines For Overturning Or Modifying Administrative Officer's
Decision. The Board of Adjustment shall, in considering appeals
from the Administrative Officer's order or determination, establish
that the fence or application in question complies with all the requirements
of this Chapter. Upon a determination that the Administrative Officer's
application of this Chapter to the appellant's fence or request for
a permit is erroneous, then the Board of Adjustment may overturn or
modify the Administrator Officer's decision.
C.
Grounds For Granting Variance.
1.
The Board of Adjustment may grant variances from the application
of this Chapter where the Board of Adjustment finds that because of:
a.
The limitations on character, size or dimensions of a fence, or
b.
The regulations controlling the erection or construction of a fence,
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that the applicant would be subject to undue hardship, provided
that undue hardship shall not result from a mere loss of a possible
advantage or convenience to the applicant.
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2.
The Board of Adjustment's decision on an appeal shall be incorporated
on the fence permit by reference to the decision number and date of
decision.
D.
Applications. Applications for review of the Administrator
Officer's order and for variances shall be made upon forms provided
by the City Clerk and shall be received within fourteen (14) days
of delivery of any written order.
E.
Fees. Application to the Board of Adjustment shall be accompanied
by a filing fee as may be adopted by the Board of Aldermen and on
file with the City Clerk.
F.
Supporting Regulations. Insofar as they are applicable and consistent, the provisions of Chapter 405, Article V "Board Of Adjustment — Appeals — Variances", pertaining to the Board of Adjustment, as provided in this Chapter, shall be applicable to appeals taken to the Board of Adjustment for a variances or interpretations of this Chapter.
