[HISTORY: Adopted by the Town Board of the Town of Salina 6-11-1984. Amendments noted where applicable.]
This chapter shall be known as the "Fence Ordinance of the Town of Salina."
The Town of Salina finds the existence and erection of fences in the town to be an increasing concern. It enacts this chapter in recognition of the need for fences by property owners, as well as the requirement for orderly development of fences and the protection of the public health, safety and welfare.
As used in this chapter, the following terms shall have the meanings indicated:
- Anything constructed or placed, regardless of composition, for the purpose of enclosing a piece of land or to divide a piece of land and/or property into distance portions, including but not limited to fences, walls, hedges, berms, bushes, trees, poles, vines, trellises or things of a similar nature.
- The vertical measurement at right angles to the level of grade contiguous to a fence between the ground and the highest portion thereof.
- LOT, CORNER
- A lot contiguous to two or more public streets intersecting at a common point contiguous to and located on the perimeter of the lot.
No person, firm, corporation or association shall erect or place a fence until a fence permit has been issued, in writing, by the Code Enforcement Officer.
[Amended 5-27-1997 by L.L. No. 2-1997]
The fees for a fence permit shall be established by resolution of the Town Board.
Editor's Note: The fee schedule is on file in the town offices.
Any fence, wall or similar structure, as well as shrubbery which unduly cuts off light or air or which may cause a nuisance, fire hazard or dangerous condition to life, safety or welfare, is prohibited.
The following specific fences and fencing materials are prohibited:
Electrically charged fences.
Temporary fences, except where necessary to protect public health, safety and welfare.
Expandable fences and collapsible fences, except during construction of an improvement to real property.
Any fence shall not exceed a maximum height of six feet for one- and two-dwelling uses and a maximum height of 10 feet for all other uses.
Fences permitted within the front yards shall not exceed a maximum height of 48 inches and shall be of an open design with a uniform ratio of open space to fence material of at least one to one. Opaque fences, such as basket weave or stockade, are prohibited within the front yard. Notwithstanding the foregoing, on corner lots, a fence of up to six feet in height may enclose that portion of the property extending from the rear building line to the rear property line, provided that the side of the fence facing the street shall be governed by the following rule: the fence shall be set back a minimum of 15 feet from the pavement edge of the public highway along the streetside property line
[Amended 5-27-1997 by L.L. No. 2-1997; 6-22-2020 by L.L. No. 6-2020]
In any district, no fence shall be permitted closer than 15 feet to any pavement edge of a public highway. On corner lots, a fence shall not be permitted within the triangular area formed by the intersecting street lines at a point which is 30 feet distant from the point of intersection measured along said street lines.
The decorative or finished side of a fence, being that side which does not contain any structural or support elements or devices of the fence, shall face outward from the lot on which the fence is erected or maintained toward the adjoining parcels of land.
Any fence or portion thereof shall be maintained in a safe, sound and upright condition by the property owner.
The enforcement of this chapter shall be the duty of the Code Enforcement Officer.
The Board of Appeals, created pursuant to Chapter 235, Zoning, of the Code of the Town of Salina, shall have the power and duty, in accordance with the procedure, rules and standards set forth in said chapter, to hear appeals from the decision of the Code Enforcement Officer, interpret any provision of this chapter and to vary or adapt the strict application of any of the requirements of this chapter to any particular lot or parcel of land.
[Amended 5-27-1997 by L.L. No. 2-1997]
The Town Board, in addition, shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.
All fences legally established prior to the effective date of this chapter which do not conform to the regulations contained herein shall be considered nonconforming fences.
All nonconforming fences shall be removed or brought into compliance with the provisions of this section within 60 months from the effective date herein.