[Ord. No. 2015-1169 § 1, 7-6-2015]
For the purpose of this Article, the following terms shall be
deemed to have the meanings indicated below:
Enclosure wall, which is architecturally integrated into,
connected at both ends to an existing structural wall of and located
within the general exterior circumference of the main building on
a lot. Courtyards shall not be deemed fences for the purpose of this
Article.
A fence is hereby defined, for purposes of this Article,
as a structure, partition or wall, including gates, forming a barrier
at grade, erected for the purpose of enclosing or separating contiguous
pieces of land or for the purpose of providing shade, privacy, screening
or security. Shrubs, hedges, trees and other plant material are not
considered a fence.
A moveable barrier attached to a permanent support structure.
[Ord. No. 2015-1169 § 1, 7-6-2015]
It shall be unlawful to erect any fence over three and one-half
(3 1/2) feet in height (excepting temporary garden protection
fences within the lot interior) in the Town of Carrollton without
first having filed, with the Carrollton Zoning Administrator, an application
for a fence permit together with a sketch or diagram of the type of
fencing, design, height, and its location and having obtained a permit
approved by the Carrollton Zoning Administrator for its erection.
There will be a fee of ten dollars ($10.00) for such permit.
[Ord. No. 2015-1169 § 1, 7-6-2015]
A.
No private fence shall be erected, permitted or maintained in any
residential zoning district within the dedicated street right-of-way,
or on any publicly traversed right-of-way. Fences over dedicated public
drainage or on utility easements may be installed with written permissions
from the Carrollton Zoning Administrator. Fences so permitted shall
not deny or impede necessary official ingress or egress to the easement
area.
B.
Every fence which creates a wholly enclosed area and adjoins an existing
or proposed street right-of-way shall include a gate to provide access
to the right-of-way.
C.
Fences may be located on or within the property lot lines in rear
yards, side yards, and front yards unless prohibited by subdivision
or deed restrictions.
D.
Rear Yard. Fences not exceeding eight (8) feet in height may be erected
in the rear yard of any lot.
E.
Side Yard; Interior Lots. Fences not exceeding eight (8) feet in
height may be erected in the side yard of any lot. Side yard fences,
except on corner lots, may not extend forward past the front building
line.
F.
Side Yard; Corner Lots. Side yard fences on corner building lots
may be extended beyond that portion of the front building line abutting
a side street to the front property line or right-of-way. Fence construction
must comply with ordinances regarding sight lines at intersections.
G.
Front Yard. Front yard fences cannot exceed four (4) feet in height. Front yard fences on corner lots must comply with Section 405.010, the definition of "sight triangle."
H.
Except for special fences as noted in Section 405.1130(A) and (B) of this Article, fences shall be constructed of commonly used residential type fencing. Commonly used fence materials include wood, brick, stone, concrete, chain-link, ornamental iron work and extruded rigid vinyl. Rigid vinyl fences shall be constructed in accordance with the manufacturer's specific guidelines for installation. All fences shall be constructed with the finished surface facing neighboring property with support posts placed to the inside, except in cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.
I.
Fences constructed of poultry wire, rabbit wire, barbed wire, razor
wire, concertina wire, bamboo or other similar material, railroad
ties, plywood, snow fence (both wire/wood and flexible plastic), sheet
metal, wood pallets, tires, welded wire, branches, rubble or salvaged
material, or materials originally intended for other purposes are
prohibited.
J.
Except as allowed in Section 405.1130(A) of this Article, no fence shall be erected, permitted, or maintained, which is intended to, or may inflict injury on anyone coming in contact with the fence. Buried, non-visible electrical dog fences are allowed without permit.
K.
Masonry fences such as brick, concrete block, stone, etc., shall
be set in mortar. Loose stack of material is not allowed unless specifically
designed for mortarless stacking.
L.
Fences constructed prior to the adoption of this Chapter, excepting those noted in Subsections (A) and (I) above, which do not conform to the provisions of this Article shall be considered legal non-conforming structures. An existing fence may be maintained, repaired or structurally altered; however, no such repair or structural alteration shall create an additional non-conformity or increase the degree of non-conformity.
[Ord. No. 2015-1169 § 1, 7-6-2015]
A.
Barbed wire or electrical fencing, as well as fencing over seven
(7) feet in height, may be permitted or required in special circumstances
(utilities protection, hazardous or dangerous area, intrusion prevention,
theft prevention, etc.) but only after review and written approval
by the Carrollton Zoning Administrator. When electrically charged
fences allowed in this Subsection are used, such fences shall be posted
with warning signs or fluorescent markings on each side of an enclosure
at intervals not to exceed one hundred fifty (150) feet.
B.
Commercial agriculture fencing, including barbed wire and electrified
fences, are permitted along boundaries with agriculture areas. Written
notice to abutting residential property owners is required prior to
installation of electrified fencing along such abutting property lines.
Use of electrical fencing for agricultural purposes does not require
marking. A Town building permit is not required for agriculture fencing.
C.
Fences enclosing outdoor swimming pools, spas, and hot tubs shall
be erected and maintained to surround the entire swimming pool, spa,
or hot tub area, and shall be sufficient to make such body of water
not readily accessible to small children and shall meet or exceed
the requirements of the 2009 International Residential Code, Appendix
G, Swimming Pools, Spas and Hot Tub and 2009 International Building
Code Section 3109.
D.
Tennis court fences surrounding tennis courts shall be open mesh
fences and shall not exceed twelve (12) feet in height.
E.
All dog runs shall be considered an accessory structure and shall
be of chain link fence construction. Run dimensions shall be a minimum
of ten (10) feet in length by five (5) feet in width by six (6) feet
in height, and shall have easily cleanable flooring such as concrete,
pavers or similar material. All dog runs shall meet yard setback requirements
in applicable Town ordinances.
[Ord. No. 2015-1169 § 1, 7-6-2015]
All fences, including legal non-conforming structures, shall
be maintained in their original upright condition. Fences designed
to be painted or have other surface finishes shall be maintained in
their original condition as designed. Missing boards, pickets, or
posts shall be replaced in a timely manner with material of the same
type and quality. The Carrollton Zoning Administrator or Law Enforcement
Officers are hereby empowered to issue notices to property owners
to comply with this Section. Owners will be given a reasonable time
to comply, but not to exceed thirty (30) days except that an additional
fifteen-day period may be given at the discretion of the Carrollton
Zoning Administrator.
[Ord. No. 2015-1169 § 1, 7-6-2015; Ord.
No. 2023-1439, 5-15-2023]
A.
General Violations. Every person erecting, repairing or altering any fence, screen, wall or exterior partition in violation of or contrary to the requirements of this Article, and every person who shall fail, neglect, or refuse to observe the requirements of this Article or violate the same shall be guilty of an ordinance violation and, upon conviction thereof, shall be subject to the penalties set forth in Section 100.240(A) of this Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
B.
Violations
Of Home-Based Businesses.
1.
Whenever it comes to the attention of the Town, or the Town receives
an allegation of the existence of a violation of the no-impact home-based
business regulations of this Section, the Town shall investigate and
make a determination as to whether said home occupation has violated
this section and whether said home-based business qualifies as a no-impact
home-based business. If a violation is found to exist, the Town Codes
Officer or his/her designee shall notify the owner, lessee, or person
engaged in the home-based business that the activity on the premises
does not comply with this Code and either: (a) issue a warning that
further violations could result in a loss of the ability to continue
the home-based business; or (b) provide a notice of hearing as described
below. The Town Codes Officer shall only issue a warning letter in
situations where there has been an isolated violation of this Code.
2.
The notice of hearing described in Subsection (B)(1) shall contain:
a.
Address or description of the property;
b.
Ordinance number and a copy of the ordinance being violated;
c.
Nature of the violation of the no-impact home-based business regulations;
and
d.
Notice that the hearing will determine whether the home-based business
qualifies as a no-impact home-based business and that a finding that
the home-based business does not qualify as a no-impact home-based
business will result in an order prohibiting the continued operation
of the home-based business.
3.
The Mayor or the Mayor's designee shall serve as the hearing officer and hold the hearing referenced in Subsection (B)(1) above at the time and place indicated in the notice of hearing. The hearing officer shall not require compliance with rules of evidence but shall mandate that only relevant information be received. The hearing officer shall prepare findings of fact, conclusions of law, and an order stating whether the home-based business qualifies as a no-impact home-based business. If the hearing officer finds that the home-based business does not qualify as a no-impact home-based business, the hearing officer has the authority to enter an order prohibiting the continued operation of the home-based business and to order the abatement of the conduct in violation of the Zoning Code. The decision of the hearing officer may be appealed to the Board of Adjustment within ten (10) days of the posting of the hearing officer's order on the property.
4.
Home-based businesses that have been found to not qualify as no-impact home-based business pursuant to Subsection (B)(3) above may be issued a notice of violation. Nothing contained in this Section shall preclude the Town from any other remedy including but not limited to filing a civil suit, seeking an injunction, or taking other actions as permitted by law.
a.
Summons, Service Of. The Town may issue a notice of violation in
Municipal Court, directed by name to the owner, lessee, or person
engaged in the home-based business for subsequent violations of the
no-impact home regulations following a determination that a home occupation
is not a no-impact home-based business, and such summons shall show:
(1)
Address or description of property on which the violation occurred
or is located, and such other information as may be available to the
Town;
(2)
The ordinance which is being violated and setting forth in general
the nature of the violations; and
(3)
Date on which the case will be on the Municipal Court docket
for hearing.
