17.32.110 Fences, hedges or walls.
A. Standard Code Conditions.
1. All applicants must submit an application and plot plan to the city clerk's office. The clerk's office is empowered to approve the same in all standard applications of this code. All applications and plot plans shall conform to the regulations set forth in Exhibit A, attached to the ordinance that is to be codified in this section and incorporated herein by this reference. If there is any question as to compliance with the code, the type of material to be used or as to the neighborhood uniformity, the city clerk's office shall submit the same to the public works supervisor, planning commission and/or city council for additional review and approval.
2. For the purpose of installing and maintaining the infrastructures to provide services to the residents of Montague, the city retains the legal right and ownership of easements with setback requirements for these improvements along all applicable city streets and alleyways.
3. As street widths vary, so do the easement or setback requirements. Therefore the true location and dimensions of all streets, alleyways and easements used on all submitted applications shall first be determined after an inspection by the public works supervisor.
4. A fence, hedge, wall or private party use in a city easement may be allowed after review by the public works supervisor, planning commission and/or city council; and the issuance of an encroachment permit by the city clerk's office.
5. Before any installation of a fence, hedge or wall is allowed in a city easement all city infrastructures must be completed within the easement relative to the installation, up to and including curbs, gutters, sidewalks, water lines and sewer lines.
6. The front or main entry street and required front yard area for any residence is determined by and is inclusive of the street address for that residence. Other adjoining streets or roads shall be considered side streets or alleys as applicable.
7. No fence, hedge or wall shall be constructed or planted in such fashion that it blocks or hinders access to the water meter read by city employees.
8. All fences or walls are to be built with the braces and/or beams facing the inside, toward the center of the enclosures.
9. Any fences, hedges, walls or private party uses that did not comply with applicable provisions of this code in effect when the structures or uses were established are violations of this code and are subject to revocation and removal at the property owner's expense.
B. Fences, Hedges and Walls in Required Front Yard Areas.
1. As the standard application of this code, fences, hedges and walls not exceeding four feet in height may occupy any part of required front yard areas not within a city easement; provided, that:
a. The top line of the fence, hedge or wall shall be a straight line with only the bottom following the contour of the land. Decorative gates or archways may upon review and approval extend above the four-foot height limit.
2. As an exception to the standard application of this code, after review, approval and issuance of an encroachment permit meeting all requirements of Chapter 12.02, front fences, hedges or walls not exceeding four feet in height may be built in the front yard areas up to and/or along the city sidewalk edge, passing over and/or encompassing the easement under the following conditions:
a. The submitted application and plot plan are compliant with all the conditions in subsections (A)(1) through (9) and (B)(1)(a) of this section.
b. The city retains the legal right and ownership of the easement.
c. Any property owner who installs any fence, hedge or wall to and/or along the sidewalk edge and/or within a city easement agrees to assume all responsibility and related costs for all maintenance and liability issues that may occur on or within the easement. Such issues shall include, but are not limited to, any problems or actions relating to those installations, trees, other foliage, uses and/or any equipment on that easement owned by a third party such as a cable, telephone or power company and shall also include those issues related to the aforementioned installations which arise at a future time.
d. Property owner further agrees to indemnify and hold harmless the city of Montague.
C. Fences, Hedges and Walls in Side and Rear Yard Areas.
1. As the standard application of this code, fences, hedges or walls not on or within a city easement and not exceeding six feet in height may occupy any side area (adjacent to a side street or between residences), or rear yard area (adjacent to an alleyway); provided, that:
a. The fence, hedge or wall shall follow the contour of the land and the top of the fence shall never exceed six feet above the highest contour at any given point.
b. In the case of a corner lot, the designation “side fence” does not include the portion of a side fence, hedge or wall extending from any side yard into the front yard 20-foot setback required along a designated main street. Those portions of side fences within the required front setback shall not exceed four feet.
2. As an exception to the standard application of this code, after review, approval and issuance of an encroachment permit meeting all requirements of Chapter 12.02, side fences, hedges and walls may be built, when passing over and/or encompassing the city easement, in a side yard area up to or along the city sidewalk edge, to the property line on a side street, or from a side fence, hedge or wall at a side street sidewalk as a rear fence, hedge or wall adjacent to an alley; under the following conditions:
a. The submitted application and plot plan are compliant with all the conditions in subsections (A)(1) through (9), (B)(2)(a) through (d), and (C)(1)(a) and (b) of this section.
b. The fence, hedge or wall does not exceed four feet in height along any side street.
c. The fence, hedge or wall does not extend into any front yard closer than a distance of 20 feet from the front yard property line at a height exceeding four feet.
d. The fence, hedge or wall does not by its construction or placement cause an obvious visibility hardship or other hazard to passing vehicular or pedestrian traffic.
e. Property owner shall lower that portion of a six-foot rear fence down to a four-foot height if due to its placement it appears that a six-foot fence built all the way to the sidewalk would be a visual hazard by its height. Where it extends through a city easement it shall slope from six feet at the beginning of the easement to four feet at the sidewalk or property line. This will be determined during the review of the plot plan. If it appears that a six-foot fence built all the way to the sidewalk would be a visual hazard by its height the clerk may request the public works supervisor to personally inspect the property and proposed fence area.
D. Fences, Hedges and Walls in Commercial Zones.
1. Fences, hedges, walls or structures exceeding six feet in height may be erected in C-2 and M zones to enclose commercial or industrial uses, tennis courts or similar areas when such fences enclose the rear half of a lot. This includes security fences, which may include an additional two feet in height of two barbed wire strands. These fences, hedges and walls may be erected under the following conditions:
a. A preliminary inspection is made by the public works supervisor.
b. The submitted application and plot plan are compliant with all the conditions in subsections (A)(1) through (9), (B)(2)(b) through (d) and (D)(1) of this section.
c. A use permit is applied for, approved and issued in addition to the submission and approval of a standard application, plot plan and any required encroachment permit.
Exhibit A
(Ord. 15-03, 2015; Ord. 15-02, 2015; Ord. 03-02 § 1, 2003; Ord. 91-7, 1991; Ord. 88-3 §§ 1,2, 1988; Ord. 3-83 § 5.11, 1983)