We want to put up a fence. I know that we need permission from our HOA, and it looks like we also need a permit from the city. We are going to build it ourselves, and it will be a 6-foot privacy fence, probably vinyl. I've gone throught the ordinances on their website and can't find anything about how far from the property line the fence has to be. I'd like to find it in writing, as our HOA has given us a footage that seems way too high. I don't know if it matters, but we are outside of the city limits, in the Cleveland area. Also, can you still have a chain-link fence outside the city limits? The ordinances that I read say no chain-link, but we know a bunch of people who have gotten them installed recently.
Surprisingly enough, chain link is permited as long as it is 'vinyl colored'. The provision states: "No fence or fencing-type barrier of any kind shall be placed, erected, allowed or maintained upon any portion of the community, includiny any and all lots, without the prior written consent of Declarant or the designed Architectural Committee. The Declarant and/or the Architectural Committee may issue guidelines detailing acceptable fence styles or specifications and approval of fencing may be withheld arbitrarily. All fences have to meet a minimum building setback line, except with approved otherwise by the Declarant or Architectural Committee. The lot owners shall maintain all approved fencing in a good aesthetically appearing condition. Vinyl colored chain line and wire fences are permissible." So even though it says that they have a right to say how far off the property line it has to be, I'll fight them if it's further than the city ordinance.
If you are not in the city limits then you should not be restricted by any city ordinance. If you are not in the city limits how would you know which city to check with?
did you read this thread from another poster about the problems she had? http://www.4042.com/4042forums/showthread.php?t=24633&highlight=fence
The title of your thread is "Clayton Fence Ordinances". Call the Town of Clayton Planning Department (919) 553-1545 If you are governed by Johnston County call: Johnston County Planning Department (919) 989-5150 24 Hour Information (919) 989-5604 Call before building your fence.
Okay, I'm confused (obviously). I have a Clayton mailing address. But I am not within the city limits of Clayton, which I know because I don't have access to the city natural gas lines and don't pay the higher property tax rate. But I still live in the town of Clayton. So do I need to look at the rules for Clayton or Johnston County? I called Clayton and the woman in zoning, which is the department they transfered me to, is on vacation. Oh, and I read that other thread, and it doesn't really apply to my question. And I can't find the distance rules on the Clayton website.
My mailing address is also Clayton, but that actually has nothing to do with the town. The rules for Johnston County apply (I doubt there are any), otherwise you wouldn't even be allowed to consider a chain link fence (vinyl coated or not).
Any idea how far? We're pretty far, just next to C3 church and the edge of Garner. Boy, they don't make it easy here do they? Everywhere else we've lived (and not just 'up north') everything is done by city. Here it's all over the place with city and county and who knows what else.
The difference is here, the entire surface of the state is not incorporated into cities. The state is divided into counties, and the counties into townships, but a "township" is just a geographic reference for mapping purposes and locating real estate in county records, it does not have a governing body. So you probably live in Clayton Township, but outside the city limits. If you look at the deed to your property, it will say that it is located in the County of Johnston and the Township of _________, but it will not tell you whether or not you are inside the city limits. If your tax bill is for the county and some fire district, but does not include a city tax, you can be sure you are outside the city limits. Hugh has mentioned the ETJ, but I'm thinking that it was determined in another thread that the Clayton fence ordinance does not apply outside the city limits. I'm not sure about that, though, I would still check with the Town of Clayton before doing anything.
I'm pretty sure the ETJ maps are on the Johnston County Gov't website. They are in the GIS section if you really want to take a look.
Just one of those things you have to check with the county/town office. I lived 5 miles outside the city limits of Garner at one time and had to get all my permits from the town of Garner, then wait for them to inspect. That ETJ can be a wonderful thing!!:x
