The purpose of this Part 3 is to preserve the visual openness
of the Town's streetscape by restricting the construction of visual
and physical barriers along the public streets.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 6-03, eff. 8-13-2003 (formerly Ch. 6, § 6-701, of the 1989 Code)]
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As used in this Part 3, the following terms shall have the meanings
indicated:
BUILDING WALL
A wall that is part of a permanent structure, whether a primary
or accessory structure, that has one or more stories and a roof, and
is designed primarily for the shelter, support, or enclosure of persons
or property of any kind, including any additions, such as decks or
balconies, and modifications thereto.
CORNER LOT
A lot on which two or more adjoining sides abut a public
street.
DECORATIVE IRON-TYPE MATERIALS
Materials consisting of wrought iron or a similar material,
designed so as to be decorative rather than solely utilitarian.
DECORATIVE WALL
A wall that is intended for the purposes of privacy, security,
or enclosure.
FENCE
A structure serving as an enclosure, barrier or boundary,
including the gate.
FRONT YARD
Any portion of a yard of a lot located between a house and
the inside front curbline of a public street upon which the house
fronts.
INSIDE CURB LINE
The line formed by the junction of the horizontal and vertical
edges of the portion of the public street curb closer to the individual
lot and farther from the public street.
INTERIOR LOT
Any lot that abuts a public street, other than a corner lot.
PUBLIC STREET
A road, street, alley or avenue maintained by the Town, county
or state for vehicular use.
RETAINING WALL
A wall constructed for the sole purpose of holding back ground
or earth.
SIDE/BACK YARD OF CORNER LOT
The portion of the side yard of a corner lot between the
side of the house facing away from public street (the back of the
house) and the rear property line. For the purpose of this article,
a homeowner may designate either side, but not both sides, of the
house facing away from a public street as the back of the house.
SIDE YARD
A.
For a corner lot, any portion of a yard of a corner lot located
between the house and the inside side curbline of a public street,
and excluding any portion that lies within a front yard or the side/back
yard.
B.
For an interior lot, any portion of a yard located between the
house and the adjacent lot boundary line(s), and excluding any portion
that lies within a front yard or between the house and the rear lot
line.
WALL
An architecturally solid erection of stone, brick, or other
material greater than 12 inches in height. A wall may be a building
wall, a retaining wall, or a decorative wall.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 3-91, eff. 5-7-1991; Ord. No. 8-91, eff. 7-15-1991; Ord. No. 8-02, eff. 7-10-2002; Ord. No. 6-03, eff. 8-13-2003; Ord. No. 8-06, eff. 8-11-2006; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-702, of the 1989 Code)]
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Any new or replacement fence to be placed or constructed within
39 feet of the inside front curbline in a front yard or within 29
feet of the inside side curbline in a corner lot shall consist primarily
of wood or decorative iron-type materials.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 6-03, eff. 8-13-2003 (formerly Ch. 6, § 6-705, of the 1989 Code)]
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The following apply to fences on interior lots:
A. No new or replacement fence shall be placed or constructed within
three feet of a Town sidewalk, measured from the edge of the sidewalk
closest to the property.
B. A new or replacement fence placed or constructed at or within 39
feet of the inside front curbline shall be 42 inches or less in height,
measured from the ground immediately under the fence, and shall be
at least 50% open when viewed from straight ahead, with solid parts
being evenly distributed throughout and no solid part being greater
than four inches in width, with the exception of brick fence posts,
which may be up to 12 inches in width.
C. A new or replacement fence placed or constructed more than 39 feet
from the inside front curbline shall be 78 inches or less in height,
measured from the ground immediately under the fence.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 3-91, eff. 5-7-1991; Ord. No. 6-03, eff. 8-13-2003; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-707, of the 1989 Code)]
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The following apply to fences on corner lots:
A. No new or replacement fence shall be placed or constructed within
three feet of a Town sidewalk, measured from the edge of sidewalk
closest to the property.
B. Any new or replacement fence shall be no more than 6 1/2 feet
in height, measured from the ground immediately under the fence.
C. Any new or replacement fence placed or constructed within 39 feet
of the inside front curbline in a front yard or within 20 feet of
the inside side curbline in a side yard shall be 42 inches or less
in height, measured from the ground immediately under the fence, and
shall be at least 50% open when viewed from straight ahead, with solid
parts being evenly distributed throughout and no solid part being
greater than four inches in width, with the exception of brick fence
posts, which may be up to 12 inches in width.
D. Any new or replacement fence placed or constructed between 20 feet
and 29 feet of the inside side curbline in a side yard shall be five
feet or less in height, measured from the ground immediately under
the fence, and shall be at least 50% open, with solid parts being
evenly distributed throughout and no solid part being greater than
four inches in width, with the exception of brick fence posts, which
may be up to 12 inches in width.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 3-91, eff. 5-7-1991; Ord. No. 8-91, eff. 7-15-1991; Ord. No. 6-03, eff. 8-13-2003; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-709, of the 1989 Code)]
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The Mayor, in his discretion, may require additional documents
to accompany the permit application such as:
A. A drawing of the fence or wall viewed from the public street; and
B. A photograph or sketch of a representative segment of the outside
of a fence or wall identical to or as similar as possible in design
and materials to the one to be placed or constructed.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 3-91, eff. 5-7-1991; Ord. No. 6-03, eff. 8-13-2003 (formerly Ch. 6, § 6-711, of the 1989 Code)]
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The Mayor shall examine the application for the permit for placement
or construction of a fence or wall under this Part 3 and the accompanying
documents. In the case of an application submitted with a building
permit application for new construction of a house or an addition,
or while such a project is in process, the application shall be reviewed
by the Town Council. If the Mayor is satisfied that the proposed fence
or wall complies with the criteria for permits under this Part 3,
he shall issue a permit for such fence or wall as soon as is practicable.
If the application does not conform to the requirements of this Part
3, the Mayor shall disapprove such application in writing, stating
the reasons for such disapproval. The Mayor shall act on a permit
application within thirty (30) days after its submission.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 3-91, eff. 5-7-1991; Ord. No. 6-03, eff. 8-13-2003; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 6, § 6-712, of the 1989 Code)]
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The Town Council or the Mayor, as the case may be, shall only
issue a fence permit or wall permit if:
A. The permit application is complete;
B. The proposed fence or wall conforms to the requirements of this Part
3;
C. The Historic Preservation Commission has approved the proposal, if
applicable; and
D. The proposed work complies with all other applicable provisions of
the Town Code, county, state and federal laws.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 3-91, eff. 5-7-1991; Ord. No. 6-03, eff. 8-13-2003; Res. No. 5-19, 10-17-2019, eff. 11-12-2019; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 6, § 6-713, of the 1989 Code)]
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Nothing in this Part 3 shall be construed to make unlawful nonconforming
fences or walls placed or constructed prior to April 29, 1991, and
not replaced.
[Ord. No. 1-91, eff. 4-29-1991; amended by Ord. No. 3-91, eff. 5-7-1991; Ord. No. 6-03, eff. 8-13-2003; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-716, of the 1989 Code)]
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