

Reform Fencing Regulations for Rucker Landing in Rutherford County Murfreesboro, TN


Reform Fencing Regulations for Rucker Landing in Rutherford County Murfreesboro, TN
The Issue
I am a resident/homeowner of Rucker Landing, located in Murfreesboro, TN, Rutherford County, and the proud owner of four dogs. My backyard is their playground and their sanctuary. However, current fencing regulations limit the space they can freely enjoy. This is not just my problem; it affects many pet owners in our community.
Rucker Landing's current fencing regulations are restrictive and overly limited. They do not take into account the pricing or structural integrity of the required materials required to be used. There is only one material that is accepted, and it is highly expensive, less stable, and limited to layout changes.
According to American Pet Products Association, 67% of U.S households own a pet which equates to 85 million families nationwide (2019-2020 APPA National Pet Owners Survey). A significant number of these families have more than one pet.
This does not mention the families who would love to have the privacy of their entire backyards for many different reasons, which ultimately doesn't matter because it is their property for which they should be able to do what they wish reasonably.
Residents would be required to submit a fence affidavit to Rutherford County and receive approval from the county to ensure there are no fences within easements, site triangles, etc.
We propose that the HOA review and reform these regulations to accommodate the Rutherford County ordinance. We believe this will enhance the quality of life in our beloved community while ensuring safety within our neighborhoods.
We urge fellow residents who care about each others' wellbeing to join us in pushing for this change. Your signature can make a difference in creating a more inclusive environment for Rucker Landing.
Current Rutherford County fence regulations are as follows
Regulations Applicable to All Districts
A. Visibility at Intersections
On a corner lot in any district nothing shall be erected, placed, planted, or
allowed to be grown in such a manner to impede the vision triangle as
defined in Appendix A.
Effective January 1, 2013, as Amended Through October 14, 2021
Rutherford County Zoning Ordinance Page 11-2
B. Fences, Walls, and Hedges
Notwithstanding other provisions of this ordinance, fences, walls, and
hedges may be permitted in any required yard, or along the edge of any
yard except as prohibited in Subsection 1101 A above.
1. In any residential district, no fence or wall shall exceed eight (8) feet
in height in side and rear yards. Fences in front yards may be eight
(8) feet in height provided that fences within the required front yard
(i.e. front setback) be of transparent construction (i.e. split rail, picket,
chain link, etc.). Alternate Side Yards on corner lots will be treated
as side yards for the purposes of this section. Tennis court fencing
shall not exceed twelve (12) feet, and baseball backstops shall not
exceed sixteen (16) feet.
In commercial or industrial districts, no fence or wall shall exceed
fifteen (15) feet in height. Between the principal building and the
street right-of-way, no fence or wall shall exceed six (6) feet in height.
The height of such fences and walls shall be measured from the
finished grade to top of the individual sections. The finished grade
shall not include measurements from the top of a berm.
2. Fences and walls shall be erected outside of the right-of-way or any
public or private road or manner of ingress/egress junction with said
roadways, except erected by a government agency. All fence
posts/supports shall be set into the ground a minimum depth of two
(2) feet. If conditions on the property (e.g. rock) make it difficult to
comply with this requirement, alternative measures may be utilized
after consultation with the Planning and Engineering Department and
the Department of Building and Codes. In any event, adequate
measures shall be employed in order to ensure the long-term stability
of the fence.
3. Permitted fences. The following types of fences are permitted in all
zoning districts:
• Masonry or stone walls
• Ornamental iron
• Chain-link
• Wood or Vinyl
• Other materials may be considered on a case by case basis
4. Prohibited Fences. The following types of fences are prohibited:
• Fences constructed primarily or topped with barbed wire or
razor wire, or deployed, raised, arranged or expanded in
concertina form, except when used in conjunction with an
agricultural use or purpose, non-residentially zoned property
Effective January 1, 2013, as Amended Through October 14, 2021
Rutherford County Zoning Ordinance Page 11-3
or uses, and/or serving a public institution for public safety or
special services.
• Fences carrying electrical current, except for the purpose of
enclosing livestock for an agricultural use
• Fences constructed of readily flammable materials such as
paper, cloth or canvas except for temporary fences required
by law (e.g. drainage silt fencing)
• Fences or walls made of solid plywood, scrap lumber and
insubstantial similar non-customary materials
• Fences or walls made of common concrete or cinderblock,
unless finished with a masonry material.
• Fences, wall or hedges on any portion of any public right-ofway, except fences erected by a governmental agency
5. Fences shall be positioned so that all the support wood, posts, cross
members, etc. will not be facing the street.
6. Five (5) feet of clearance shall be maintained between any fence and
all sides of an electrical transformer, except the side of the
transformer that is padlocked shall have a ten (10) foot clearance.
7. Five (5) feet of clearance shall be maintained between any fence and
all sides of an electrical pedestal.
8. Maintenance. It is the responsibility of the owner of the property on
which the fence is erected to maintain the fence structure in good
repair at all times. If a fence is found to be in a deteriorated condition
or in need of repair, including but not limited to broken or missing
structural components, or the fence is substantially less that
perpendicular to the grade, the property owner may be ordered to
repair, replace or remove the fence depending on the condition of
the fence. Such order shall be issued by the Director of Building and
Codes pursuant to this ordinance.
9. Fences, walls or vegetation that interfere with clear vision (i.e. Vision
Triangle, as defined by this Ordinance) at or near a public or private
street, alley, driveway or other means of ingress or egress such that
the sight of oncoming vehicular or pedestrian traffic is impaired for
users of such ingress or egress are prohibited.
10. Fences, walls or vegetation so constructed or planted as to impede
the natural water drainage and/or water runoff are prohibited.
11. Fences shall not be permitted in utility easements unless approved
by the utility provider in writing. Fences shall not be permitted in
drainage easements without the written consent of the County
Engineer
47
The Issue
I am a resident/homeowner of Rucker Landing, located in Murfreesboro, TN, Rutherford County, and the proud owner of four dogs. My backyard is their playground and their sanctuary. However, current fencing regulations limit the space they can freely enjoy. This is not just my problem; it affects many pet owners in our community.
Rucker Landing's current fencing regulations are restrictive and overly limited. They do not take into account the pricing or structural integrity of the required materials required to be used. There is only one material that is accepted, and it is highly expensive, less stable, and limited to layout changes.
According to American Pet Products Association, 67% of U.S households own a pet which equates to 85 million families nationwide (2019-2020 APPA National Pet Owners Survey). A significant number of these families have more than one pet.
This does not mention the families who would love to have the privacy of their entire backyards for many different reasons, which ultimately doesn't matter because it is their property for which they should be able to do what they wish reasonably.
Residents would be required to submit a fence affidavit to Rutherford County and receive approval from the county to ensure there are no fences within easements, site triangles, etc.
We propose that the HOA review and reform these regulations to accommodate the Rutherford County ordinance. We believe this will enhance the quality of life in our beloved community while ensuring safety within our neighborhoods.
We urge fellow residents who care about each others' wellbeing to join us in pushing for this change. Your signature can make a difference in creating a more inclusive environment for Rucker Landing.
Current Rutherford County fence regulations are as follows
Regulations Applicable to All Districts
A. Visibility at Intersections
On a corner lot in any district nothing shall be erected, placed, planted, or
allowed to be grown in such a manner to impede the vision triangle as
defined in Appendix A.
Effective January 1, 2013, as Amended Through October 14, 2021
Rutherford County Zoning Ordinance Page 11-2
B. Fences, Walls, and Hedges
Notwithstanding other provisions of this ordinance, fences, walls, and
hedges may be permitted in any required yard, or along the edge of any
yard except as prohibited in Subsection 1101 A above.
1. In any residential district, no fence or wall shall exceed eight (8) feet
in height in side and rear yards. Fences in front yards may be eight
(8) feet in height provided that fences within the required front yard
(i.e. front setback) be of transparent construction (i.e. split rail, picket,
chain link, etc.). Alternate Side Yards on corner lots will be treated
as side yards for the purposes of this section. Tennis court fencing
shall not exceed twelve (12) feet, and baseball backstops shall not
exceed sixteen (16) feet.
In commercial or industrial districts, no fence or wall shall exceed
fifteen (15) feet in height. Between the principal building and the
street right-of-way, no fence or wall shall exceed six (6) feet in height.
The height of such fences and walls shall be measured from the
finished grade to top of the individual sections. The finished grade
shall not include measurements from the top of a berm.
2. Fences and walls shall be erected outside of the right-of-way or any
public or private road or manner of ingress/egress junction with said
roadways, except erected by a government agency. All fence
posts/supports shall be set into the ground a minimum depth of two
(2) feet. If conditions on the property (e.g. rock) make it difficult to
comply with this requirement, alternative measures may be utilized
after consultation with the Planning and Engineering Department and
the Department of Building and Codes. In any event, adequate
measures shall be employed in order to ensure the long-term stability
of the fence.
3. Permitted fences. The following types of fences are permitted in all
zoning districts:
• Masonry or stone walls
• Ornamental iron
• Chain-link
• Wood or Vinyl
• Other materials may be considered on a case by case basis
4. Prohibited Fences. The following types of fences are prohibited:
• Fences constructed primarily or topped with barbed wire or
razor wire, or deployed, raised, arranged or expanded in
concertina form, except when used in conjunction with an
agricultural use or purpose, non-residentially zoned property
Effective January 1, 2013, as Amended Through October 14, 2021
Rutherford County Zoning Ordinance Page 11-3
or uses, and/or serving a public institution for public safety or
special services.
• Fences carrying electrical current, except for the purpose of
enclosing livestock for an agricultural use
• Fences constructed of readily flammable materials such as
paper, cloth or canvas except for temporary fences required
by law (e.g. drainage silt fencing)
• Fences or walls made of solid plywood, scrap lumber and
insubstantial similar non-customary materials
• Fences or walls made of common concrete or cinderblock,
unless finished with a masonry material.
• Fences, wall or hedges on any portion of any public right-ofway, except fences erected by a governmental agency
5. Fences shall be positioned so that all the support wood, posts, cross
members, etc. will not be facing the street.
6. Five (5) feet of clearance shall be maintained between any fence and
all sides of an electrical transformer, except the side of the
transformer that is padlocked shall have a ten (10) foot clearance.
7. Five (5) feet of clearance shall be maintained between any fence and
all sides of an electrical pedestal.
8. Maintenance. It is the responsibility of the owner of the property on
which the fence is erected to maintain the fence structure in good
repair at all times. If a fence is found to be in a deteriorated condition
or in need of repair, including but not limited to broken or missing
structural components, or the fence is substantially less that
perpendicular to the grade, the property owner may be ordered to
repair, replace or remove the fence depending on the condition of
the fence. Such order shall be issued by the Director of Building and
Codes pursuant to this ordinance.
9. Fences, walls or vegetation that interfere with clear vision (i.e. Vision
Triangle, as defined by this Ordinance) at or near a public or private
street, alley, driveway or other means of ingress or egress such that
the sight of oncoming vehicular or pedestrian traffic is impaired for
users of such ingress or egress are prohibited.
10. Fences, walls or vegetation so constructed or planted as to impede
the natural water drainage and/or water runoff are prohibited.
11. Fences shall not be permitted in utility easements unless approved
by the utility provider in writing. Fences shall not be permitted in
drainage easements without the written consent of the County
Engineer
47
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Petition created on March 31, 2024