title
An ordinance amending Title 16 of the Metropolitan Code of Laws regarding fence regulations.
body
WHEREAS, fence regulations within Title 16 of the Metropolitan Code of Law are currently split between two chapters of Title 16 and could lead to confusion within the Building Code; and
WHEREAS, by its placement in the Metropolitan Code of Laws, much of the fence code falls under the jurisdiction of the Fire and Building Appeals Board; and
WHEREAS, it is in the best interest of the Metropolitan Government to place all Title 16 fence regulations within a single chapter and place the jurisdiction of fence code violations with the Property Standards Board.
NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 16 of the Metropolitan Code of Laws is hereby amended by deleting section 16.04.200 in its entirety.
Section 2. That Section 16.24.330 of the Metropolitan Code of Laws is hereby amended by adding new subsection T. as follows:
T. Fences
1. Electric fences are permitted only if compliant with the following requirements:
a. In AG, AR2a, RS80, RS40, RS30, RS20, R80, R40, R30, and R20 zoning districts, electric fences are permitted if the property satisfies all of the requirements of Section 17.16.330B. of the metropolitan zoning code regarding the keeping of domestic animals/wildlife on the property and all necessary permits have been issued; or
b. In all non-residential zoning districts, the construction and use of electric fences are permitted, subject to the following standards:
(i.). Electrification:
(a). The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However the solar panel may be augmented by a commercial trickle charger.
(b). The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electro technical Commission (IEC) Standard No. 60335-2-76 (as attached to BL2017-688).
(ii.) Perimeter fence or wall: No electric fence shall be installed or used unless completely surrounded by a non-electrical fence or wall not less than six feet in height.
(iii.) Location: Electric fences shall be permitted on any non-residential outdoor storage areas.
(iv.) Height: Electric fences shall not exceed the maximum height permitted by Title 17 of the Metro Code of Laws.
(v.) Warning signs: Electric fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not less than thirty linear feet.
(vi.) Accessibility: A Knox Box or similar device used to hold access keys for fire departments, police departments and emergency medical services shall be installed for purposes of minimizing damage and to allow access to the enclosed area. Installation may be subject to the oversight and direction of the Nashville Fire Department.
2. 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:
a. 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.
b. 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. Within the Urban Zoning Overlay District (UZO), barbed wire and razor wire fencing shall be prohibited along arterial and collector roadways as defined by the adopted Major & Collector Street Plan; provided, that this section shall not be construed to prevent anyone from stretching a single strand of barbed wire on the top of any fence over seven feet high to prevent anyone from climbing over the same.
d. Within the Urban Services District, barbed wire and razor wire fencing along sidewalks shall be further regulated by Metropolitan Code Section 13.32.120.
3. Except as otherwise provided in the metropolitan zoning code, fences shall be constructed using only the following materials:
a. Woven wire or chain link;
b. Wrought iron;
c. 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;
d. Masonry consisting of brick, concrete block, split-face block, dry-stack stones, or stones and mortar;
e. 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;
f. Decorative-type split rail or dry-stack stone may be used for decorative fences.
4. 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.
5. 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.
6. Fences shall be constructed in such a manner so that all fence cross beams and cross bracing shall face the interior of the property, and shall not be oriented toward the street or an adjacent property.
Section 3. This Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.