ORDINANCE 84B

FENCE REGULATIONS

Section 1.            Application.  This Ordinance 84B shall apply to the construction and maintenance of all walls or fences, to include living fences as defined herein, within the City of Avon. The requirements of Ordinance 84B may also be subject to modification by the terms or conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of property.

Section 1.2            Purpose.  This Ordinance 84B was enacted for the following purposes:

a)                  To regulate fence or wall construction and location.

b)                 To protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fences or walls on adjacent property.

c)                  To assure that fences and walls are constructed on the property line or within 2’ of the property of the party who will maintain the wall or fence.

d)                 To assure consistency in the location of a low maintenance material.

e)                  To require walls and fences to be constructed of low maintenance material.

f)                   To require walls and fences to be constructed of non-toxic materials.

Section 1.3            Permit.  Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property on which the wall or fence is to be constructed or reconstructed shall first secure a land use permit from the Zoning Administrator.  A permit fee, in an amount set by resolution of the City Council, shall be paid at the time the application for a permit is submitted.

Section 1.4            Fence Height. 

a)                  Fences and walls located within a residential area shall not exceed the height of six feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four feet.

b)                 Fences and walls located in a commercial area shall not exceed the height of eight feet.

c)                  Fences and walls located in an industrial area shall not exceed eight feet unless a higher fence or wall is approved as part of the conditional use permit allowing the industrial use.

d)                 If two different zones abut, the zoning requirements of the property owner constructing the fence shall control.

e)                  On a corner lot of any zone or PUD district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision.

Section 1.5            Fence Materials.  Fences shall be constructed out of low maintenance/composite materials.  Barbed wire and electrical fences are strictly prohibited except as allowed by conditional use permit in an industrial area.  Use of creosote lumber is strictly prohibited.  Other materials that are not specifically prohibited may be permitted by variance if they do not conflict with the stated purposes of this ordinance.

Section 1.6            Pre-Existing Fences.  This Ordinance shall apply only to fences and walls constructed after August 1^st, 2005.  Any pre-existing fence or wall that does not conform with the provisions thereof shall not be altered, extended or reconstructed except in conformance with this Ordinance 84B.

Section 1.7            Maintenance of Fence.

a)                  All fences and walls located within the City shall be maintained in a safe condition.  The owner of the property on which a fence or wall is located shall be responsible for the maintenance and repair of the fence or wall.

b)                 No fence or wall may be maintained in a location which obstructs the ability of a driver of a motor vehicle to see other drivers or pedestrians on any street or alley.

Section 1.8            Emergency Access to Fenced Areas.  An access opening for emergency entrance shall be incorporated into any fenced areas within which a building is totally or partially located.  For residential use property, the access opening shall be at least four (4) feet in width. For commercial or industrial use property, the access opening shall be at least fourteen (14) feet in width.  A gate or unfenced area shall qualify as an access opening if it is of stated width.

Section 1.9            Penalties/Remedies. Violation of this Ordinance shall constitute a misdemeanor as defined.  When conditions are made a part of the terms under which this permit is granted, violation of the conditions is a violation of this Ordinance.  The City of Avon may also seek civil remedies, including but not limited to a Court order directing maintenance or removal of the fence, wall, or injunctive relief prohibiting construction or maintenance of a fence of wall in violation of this Ordinance.

Passed by the Avon City Council on this 1^stday of August 2005.

                                                                                                                                                                                                                                                            _____________________________

                                                                                                Margie Evens, Mayor

(SEAL)

                                                                                                ATTEST:

______________________________

Jodi M. Austing-Traut Clerk/Administrator