Fences and Walls Handout

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FENCES AND WALLS
CODE REGULATIONS
Section 8.14.
Fences, Walls and Screens
Section 8.14.1. All fences, walls and other protective barriers (referred to in this section
as “fences”) of any nature, description located within any district of Hamburg Township
shall meet all of the following regulations:
A.
All structures shall be located entirely on or within the lot lines of the lot upon
which they are located; and shall not be located within any public road right-of-way or
private road access easement. Fences on any corner lot must also comply with the
setback requirements of Section 8.15, Intersection Visibility.
.
B.
Fences shall consist of materials commonly used in conventional fence
construction, such as wood or metal. Razor wire shall not be permitted. Fences, which
carry electric current, shall be permitted only in conjunction with the raising and keeping
of horses or other domesticated animals permitted under Section 7.7.1. Barbed wire
may be permitted in industrial districts, provided that the barbed wire is at least six (6)
feet above ground.
C.
If, because of the design or construction, one side of the fence has a more
finished appearance than the other, the side of the fence with the more finished
appearance shall face the exterior of the lot.
D.
A fence shall not be erected where it would prevent or unreasonably obstruct the
use of adjacent property or the safe use of an existing driveway or other means of
access to adjacent property.
E.
Fences shall be erected in a manner to allow emergency access to the rear yard
of a lot by placing a gate and providing sufficient space between the building line of any
structure and the fence on at least one side yard.
F.
Fences shall be maintained in good condition. Rotten or broken components
shall be replaced, repaired or removed. As required, surfaces shall be painted, stained
or similarly treated.
Section 8.14.2 In addition to the standards of Section 8.14.1, all fences, walls or other
screening structures, other than necessary retaining walls, located within a single family
residential district shall not exceed the following maximum heights: (See figures 1-5) on
page 17
A.
Any fence located in the front yard area, may not exceed a maximum height of
four (4) feet.
B.
Any fence located between the front line of the principal building and the rear lot
line, or in situations of corner lots the lot lines opposite the front lot lines, may not
exceed a maximum height of six (6) feet.
C.
Any fence located along the rear lot line within any rear yard area may not
exceed a maximum height of eight (8) feet.
D.
situations where a lot fronts onto multiple right-of-way(s), public
or private road(s) and /or access easements(s), any lot line fronting a right-of-way for
which access is restricted through a plat, site plan restriction, covenant or deed
restriction, shall be allowed a fence not exceeding eight (8) feet in height.
E.
Where lots abut a water body, any fence located in the non-required waterfront
yard area, between the required waterfront yard setback and the front line of the
principal building, may not exceed a maximum height of four (4) feet. No fence shall be
permitted in the required waterfront yard, between the shoreline and the required
waterfront yard setback, other than railings as permitted under Section 8.17.9.
F.
Where the side or front yard space of a lot abuts the rear yard space of one or
more adjoining lots, the height of fence shall not exceed eight (8) feet along that portion
of the common lot line. (As amended 1/6/92)
G.
Wire fences used to contain livestock and farm animals are exempt from height
requirements.
FENCES AND WALLS
LAND USE PERMITTING PROCESS
REQUIREMENTS:
(always start at the township first, if you go to the county first, they will send you back to
the township)
1. A COMPLETED LAND USE PERMIT
2. Two 2 copies of your site (plot) plan- showing distances from your project to the
property lines, well, septic or grinder pump location, structures on the property etc. (see
example site plans)
3. Your project must be staked prior to our inspection, if not, a $25.00 re-inspection
fee will added to the cost of your land use permit.
 Lot corners must be CLEARLY staked
 Lot lines must be marked with string for accurate lot line identification (when
applicable).
 Project corners must be CLEARLY staked and the building perimeter footprint
marked with string(when applicable).
 Lot must be CLEARLY identified with an address sign visible from the roadway.
4. If you are a contractor, or you are pulling a permit on someone else’s behalf, we
require a notarized letter of permission or a copy of the contract that has been signed by
both the owner and the contractor.
5. If you are in a floodplain area that has been designated as A3, you will be required to
submit a copy of your MDEQ (Michigan Department of Environmental Quality) permit,
and an elevation certificate (we have them available in the Zoning Department) that
reflect the elevations on your construction plans. You will also need to provide one for
final construction.
6. After you turn in all your paperwork, it will be processed through the appropriate
departments and then our inspector will go out to do a site inspection. (You do not
need to be home for us to do our inspection) Once an inspection has been done and
the plans have been reviewed by the Zoning Administrator you will receive a call
indicting that your permit is ready for pickup at the Zoning Department. The fee is $40
for this Land Use Permit. Unfortunately, we do not accept credit cards, only cash or
checks.
7. When you are finished with your project, check your Land Use Permit under
“Requirements for Final Zoning Compliance”. Any items that are checked off need
to be completed before you call us for your final inspection.
8. After you have taken care of any outstanding compliance items, you should call us
and request a final inspection.
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