New Franklin Fence Regulations ordinance (§ 405.200)

A. General Provisions.

1. All fences erected or altered in the City shall require a permit. No fee is required for said permit. Routine maintenance or replacement of a fence does not require a permit.

2. All requests for fences shall be reviewed and approved or disapproved by the Building Inspector. Applicants shall supply said Building Inspector with a locator map, description and other documentation as the Building Inspector deems necessary. Applications for fence permits may be obtained at City Hall.

3. No fences shall be erected or altered to exceed six (6) feet in height above finished grade except as otherwise indicated in specific district requirements.

4. No person shall erect or cause to be erected, maintain or cause to be maintained, any fence or enclosure any part of which is charged with or designed to be charged with electrical current.

5. No provision of these fence requirements shall be construed as the right of the property owner to erect a fence on a public easement for any purpose. It shall be the responsibility of the property owners to insure that a fence does not block or obstruct the flow of stormwater.

6. All fences erected prior to enactment of this Section shall be considered non-conforming and as such shall be allowed to remain in place.

B. Fence Regulations For "RS-1" And "RS-2" Residential District.

1. The use of barbed wire or single strand wire fences shall not be permitted in residential districts.

2. The owners of residential properties shall be responsible for maintaining fences on their property and to remove any fence if it becomes unsightly or a menace to public safety, health or welfare.

3. On an interior lot, a solid fence shall not extend beyond the front building line. On a corner lot, a fence shall not extend beyond the front building lines.

4. Materials allowed for construction of a privacy fence must be wood, plastic or cinder block, except posts may be made of metal. Maximum board width is twelve (12) inches for solid, staggered or "basket weave" fences. Solid panels such as plywood, wafer board, etc., will not be allowed, except around construction sites for public safety, which must be removed when the construction project is completed.

5. Materials allowed for construction of a decorative fence can be wood, woven wire, chain link, wrought iron, square tubing, metal pipe, cinder block, plastic. A decorative fence must be of open construction, no panels such as plywood, wafer board, etc., will be allowed.

6. All framework of a wood fence, privacy or decorative, must be on the inside portion of the fence and all posts of a wire fence must be inside the fabric.

7. Temporary fences may be erected in conjunction with "display homes" in subdivisions so long as the fences are removed within thirty (30) days following the sale or transfer of ownership of the homes.

8. Vision clearance. No hedge, tree, shrub or other growth or object of any kind shall be maintained in such a location within such required front yard so as to obstruct the view of right-of-way, pedestrian or street traffic.

9. Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.

10. Fences shall be erected around swimming pools according to the adopted Building Codes of the City.

C. Fence Regulations For All Commercial And Industrial Districts.

1. Fences shall be limited to six (6) feet. However, fences to a maximum of eight (8) feet in height may be permitted for security purposes by the Building Inspector. A request stating the reason must be made in writing by the property owner. Also, barbed wire shall be permitted only if the lowest strand is at least seven (7) feet above grade and when used for security purposes in addition to a regular fence.

2. Fences are permitted on any lot or paved area so long as they do not extend beyond the front or side building line.

D. Fence Regulations For All Agricultural Districts. Any fence built wholly or partly of barbed wire on the line of, or adjacent to, any street, alley, sidewalk or other public place shall constitute a nuisance.

E. Variance. To prevent undue hardship, a variance from the terms of this Section, which will result in substantial compliance, may be obtained from the Planning and Zoning Committee in the event of denial by the Building Inspector.

F. Declared Nuisance. All fences or other like structures erected or maintained in violation of this Section are hereby deemed and declared to be a nuisance and any owner or occupant of a lot or tract of land upon which nuisance exists shall be deemed guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense.