[Amended by Ord. No. 2001-04-01]
A. Definitions. For the purpose of this section, the following terms
shall have the meanings indicated:
BOUNDARY FENCE
A fence placed on or within three feet of the property lines
of adjacent properties.
FENCE
An enclosed barrier consisting of wood, stone or metal intended
to prevent ingress or egress.
PICKET FENCE
A fence having a pointed post, stake, pale or peg laced vertically
with the point or sharp part pointing upward to form a part of the
fence.
PROTECTIVE FENCE
A fence constructed to enclose a hazard to the public health,
safety and welfare.
B. No person shall construct any fence unless such person first obtains
a building permit from the Building Inspector. The applicant shall
provide the Building Inspector with information on fence design, location
and construction material.
C. Height of fences regulated.
(1) Except as provided in §
615-36, a fence or wall may be erected, placed, or maintained along a lot line on residentially zoned property or adjacent thereto to a height not exceeding eight feet above the ground level, except that no fence that is located in a required front or corner side yard shall exceed a height of three feet. Where such lot line is adjacent to a nonresidentially zoned property, there shall be a ten-foot limit on the height of a fence along such lot line.
(2) No fence or wall shall be erected, placed, maintained or grown along
a lot line on any business or industrially zoned property, adjacent
to a residentially zoned property, to a height exceeding 10 feet.
(3) In any residence district, no fence or wall shall be erected, constructed, maintained or grown to a height exceeding three feet above the street grade nearest thereto within 25 feet of the intersection of any street lines or of street lines projected. (See §
615-36.)
D. Setback for residential fences. Fences in or adjacent to a residential
property shall be inside the property line.
E. Security fences. Security fences are permitted on the property lines
in all districts except residential districts but shall not exceed
10 feet in height and shall be of an open type similar to woven wire
or wrought iron fencing.
F. Prohibited fences. No fence shall be constructed of unsightly or
dangerous materials which would constitute a nuisance. No fence shall
be constructed which is a picket fence or which is of an otherwise
dangerous condition or which conducts electricity or is designed to
electrically shock or which uses barbed wire; provided, however, that
barbed wire may be used in industrially zoned areas if the devices
securing the barbed wire to the fence are 10 feet above the ground
and project toward the fenced property and away from any public area.
G. Fences to be repaired. All fences or walls shall be maintained and
kept safe and in a state of good repair, and the finished side or
decorative side of a fence shall face adjoining property.
H. Temporary fences. Fences erected for the protection of planting or
to warn of construction hazard, or for similar purposes, shall be
clearly visible or marked with colored streamers or other such warning
devices at four-foot intervals. Such fences shall comply with the
setback requirements set forth in this section. The issuance of a
permit shall not be necessary for temporary fences as described herein,
but said fences shall not be erected for more than 45 days.
I. Nonconforming fences and hedges. Any fence or hedge existing on the
date of adoption or amendment of this section and not in conformance
with this section may be maintained. If such a fence is damaged by
fire, flood, explosion, earthquake, war, riot or natural occurrence,
except for normal maintenance and repair, the fence may be restored
to its original size, location and the use that it had immediately
before the damage or destruction occurred. It may be increased in
size larger than it was before destruction if necessitated by state
or federal requirements. The total lifetime structural repairs or
alterations of such a fence, not including those caused by a natural
occurrence described above, shall not exceed 50% of the assessed value
of the fence at the time of its becoming a nonconforming fence unless
it is permanently changed to conform to the requirements of this section.