LEGISLATIVE HISTORY
ORDINANCE NO. BL2005-668
An ordinance amending Section 16.04.200 of the Metropolitan Code of Laws regarding permissible materials used in the construction of fences and other regulations pertaining to fences
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Chapter 16.04 of the Metropolitan Code of Laws be and the same is hereby amended by deleting the provisions of Section 16.04.200 in its entirety and substituting in lieu thereof the following new Section 16.04.200:
"16.04.200 Fences.
Fences shall be
constructed in accordance with the requirements of this code. The location and
height of fences shall be controlled by the metropolitan zoning regulations,
except for the following additional requirements.
A. In all zoning districts, electric fences are expressly prohibited, unless
the property satisfies all of the requirements of Section 17.16.330 of the metropolitan
zoning code regarding the keeping of domestic animals/wildlife on the property
and all necessary permits have been issued.
B. In all zoning districts, no fence otherwise permitted under this code shall
be erected with barbs or sharp projections on top of such fence, unless it is
five feet or more from a property line or more than seven feet above grade and
projecting inward.
C. In all residential zoning districts, barbed wire and razor wire fencing shall
be prohibited unless the property satisfies all of the requirements of Section
17.16.330 of the metropolitan zoning code regarding the keeping of domestic
animals/wildlife on the property and all necessary permits have been issued.
D. In non-residential zoning districts, the use of barbed wire below seven feet
on a fence along any property line is prohibited, unless erected to contain
animals under the conditions set forth in subsection C. If a fence is erected
along any sidewalk in the urban services district, no more than a single strand
of barbed wire may be placed on the top of the fence over seven feet high.
E. Except as otherwise provided in the metropolitan zoning code, fences shall
be constructed using only the following materials: 16.24.330
1. Woven wire or chain link;
2. Wrought iron;
3. Wood, vinyl, steel, or aluminum slats of no more than one inch by six inches
in width hung vertically, horizontally, or diagonally between steel, wood, or
vinyl posts no further than ten feet apart;
4. Masonry consisting of brick, concrete block, split-face block, dry-stack
stones, or stones and mortar;
5. Plastic or other synthetic material treated in a manner to maintain the fence
in good structural condition and with an appearance that is aesthetically compatible
with the type of fence it represents;
6. Decorative-type split rail or dry-stack stone may be used for decorative
fences.
F. Metal fences shall consist of materials manufactured and/or treated in a
manner to prevent rust or corrosion. Wood fences shall be painted, stained or
preserved in a manner to maintain the fence in good structural condition. All
fences shall be maintained in a manner to preserve the structural integrity
and appearance of the fence, including, but not limited to, the replacement
of broken boards or sections and preventing paint from peeling.
G. The provisions of subsections E. and F. of this section shall not apply to
temporary construction fencing, temporary tree protection fencing, temporary
festival fencing, fencing around a place of incarceration, or to any fence located
on property in the AR, AG, R80 or RS80 zoning districts as designated on the
official zoning map of the metropolitan government.
Section 2. This Ordinance shall take effect from and after its passage, the
welfare of The Metropolitan Government of Nashville and Davidson County requiring
it.
Sponsored by: Amanda McClendon
Amendment
No. 1
To
Ordinance No. BL2005-668
Mr. President:
I move to amend Ordinance No. BL2005-668 by deleting the provisions of Section 1 in their entirety and adding the following new Section 1:
"Section 1. Chapter 16.04 of the Metropolitan Code of Laws be and the same is hereby amended by deleting the provisions of Section 16.04.200 in its entirety and substituting in lieu thereof the following new Section 16.04.200:
"16.04.200 Fences.
Fences shall be
constructed in accordance with the requirements of this code. The location and
height of fences shall be controlled by the metropolitan zoning regulations,
except for the following additional requirements.
A. In all zoning districts, electric fences are expressly prohibited, unless
the property satisfies all of the requirements of Section 17.16.330 of the metropolitan
zoning code regarding the keeping of domestic animals/wildlife on the property
and all necessary permits have been issued.
B. In all zoning districts, no fence otherwise permitted under this code shall
be erected with barbs or sharp projections on top of such fence, unless it is
five feet or more from a property line or more than seven feet above grade and
projecting inward, provided that the following two exceptions shall apply:
1. In all residential zoning districts, barbed wire and razor wire fencing shall
be prohibited unless the property satisfies all of the requirements of Section
17.16.330 of the metropolitan zoning code regarding the keeping of domestic
animals/wildlife on the property and all necessary permits have been issued.
2. In non-residential zoning districts, the use of barbed or razor wire below
seven feet on a fence along any property line is prohibited, unless erected
to contain animals under the conditions set forth in subsection B.1. above.
If a fence is erected along any sidewalk in the urban services district, no
more than a single strand of barbed wire may be placed on the top of the fence
over seven feet high.
C. Except as otherwise provided in the metropolitan zoning code, fences shall
be constructed using only the following materials: 16.24.330
1. Woven wire or chain link;
2. Wrought iron;
3. Wood, vinyl, steel, or aluminum slats of no more than one inch by six inches
in width hung vertically, horizontally, or diagonally between steel, wood, or
vinyl posts no further than ten feet apart;
4. Masonry consisting of brick, concrete block, split-face block, dry-stack
stones, or stones and mortar;
5. Plastic or other synthetic material treated in a manner to maintain the fence
in good structural condition and with an appearance that is aesthetically compatible
with the type of fence it represents;
6. Decorative-type split rail or dry-stack stone may be used for decorative
fences.
D. Metal fences shall consist of materials manufactured and/or treated in a
manner to prevent rust or corrosion. Wood fences shall be painted, stained or
preserved in a manner to maintain the fence in good structural condition. All
fences shall be maintained in a manner to preserve the structural integrity
and appearance of the fence, including, but not limited to, the replacement
of broken boards or sections and preventing paint from peeling.
E. The provisions of subsections C. and D. of this section shall not apply to
temporary construction fencing, temporary tree protection fencing, temporary
festival fencing, fencing around a place of incarceration, or to any fence located
on property in the AR, AG, R80 or RS80 zoning districts as designated on the
official zoning map of the metropolitan government.
Sponsored by: Amanda McClendon
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LEGISLATIVE HISTORY |
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|---|---|
| Introduced: | June 7, 2005 |
| Passed First Reading: | June 7, 2005 |
| Referred to: | Codes, Fair & Farmers Market Committee |
| Deferred: | June 21, 2005 |
| Amended: | July 19, 2005 |
| Passed Second Reading: | July 19, 2005 |
| Passed Third Reading: | August 2, 2005 |
| Approved: | August 3, 2005 |
| By: | |