Fences and walls may be located in a required yard subject to
the following:
A. Fences and walls not exceeding four feet in height above the elevation
of the ground may be located in a front yard setback. Any fence erected
in a front yard shall be placed at least one foot back from the front
line and/or property line.
B. Fences and walls not exceeding six feet in height above the elevation
of the ground may be located in any rear or side yard setback.
C. Notwithstanding Subsections
A and
B above, for lots which front two or more streets [i.e., which have a rear or side yard (per Code definitions) fronting a street], the owner may apply for/seek approval from the Planning Commission through site plan review and approval for installation of a fence or wall along the front yard line not exceeding six feet. In regard to any such application, all neighboring/adjacent property owners shall be notified by regular mail of the request and the date on which the application will be considered and decided by the Planning Commission at a regular meeting. Final site plan approval by the Planning Commission shall constitute approval of the application.
D. No front yard fences are allowed in townhouse projects.
E. Property line fences or walls are not subject to accessory structure
setbacks.
F. In any district, the Board of Appeals may permit, as a special exception,
the location of a fence or wall in any required setback and to any
height, provided that such is reasonably necessary and will not adversely
affect the use, enjoyment or value of surrounding property.
G. Materials and composition.
(1) No fence shall be erected in a front yard in a residential district
or along a public right-of-way unless the fence is uniformly less
than 50% solid.
(2) Finished side of fence shall face to the outside of the property.
(3) The following fences and fencing materials are specifically prohibited:
(b)
Pointed fences less than three feet in height.
(e)
Electrically charged fences.
(h)
Temporary fences such as snow fences.
(i)
Expandable fences and collapsible fences, except during construction
of a building or structure.
(4) All chain link fences erected shall be erected with the closed loop
at the top of the fence.
(5) All entrances or gates shall open into the property.
H. All fences or walls must be erected so as not to encroach upon a
public right-of-way or easements. All fences or walls must be erected
on or within the property line and none shall be erected so as to
interfere with vehicular or pedestrian traffic or interfere with visibility
on corner lots and/or other structures or vehicles, whether stationary
or transitory, on public or private property.
I. Any fence, wall or similar structure which may cause a nuisance,
a fire hazard or a dangerous condition or an obstruction affecting
the public safety is prohibited.
J. Every fence or wall shall be maintained in a condition of reasonable
repair and shall not be allowed to become and remain in a condition
of disrepair, damage, or unsightliness, or constitute a nuisance,
public or private. Any such fence or wall which is, or has become
dangerous to the public safety, health or welfare, or has become unsightly
through improper maintenance or neglect is a public nuisance and the
Code Enforcement Officer shall commence proper proceedings for the
abatement thereof.
K. Fences and walls located in the Historic District shall be subject to §
200-14E and must be granted a certificate of appropriateness by the Historic District Commission.
No sign, fence, wall, hedge, planting, structure or other obstruction
to vision extending to a height in excess of three feet above the
established street grade shall be erected, planted or maintained within
the area of a corner lot (corner visibility zone) that is included
between the lines of the intersecting streets and a straight line
connecting them at points 45 feet distant from the intersection of
the street lines unless otherwise allowed by the Code Enforcement
Officer. (See Figure 95.1 Corner Visibility Zone.)
Figure 95.1 Corner Visibility Zone
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In any residential district, a single-family dwelling may be
located on any lot or plat of official record as of the effective
date of this chapter and in separate ownership from any adjacent lot,
regardless of its area or width, subject to the following requirements:
A. No side yard shall be less than six feet and the sum of the side
yard widths shall be at least 12 feet.
B. The depth of the rear yard shall be no less than 15 feet.
C. The depth of the front yard setback shall be no less than 10 feet or comply with a build-to line established by the Planning Commission as per §
200-93C.
The following additional regulations apply to buildings that
are accessory to (principal) nonresidential uses:
A. Accessory buildings are prohibited in front yard setbacks.
B. Accessory buildings are subject to the lot and building regulations
of the subject zoning district.
C. Accessory uses and structures in B-1 District.
(1) Accessory uses and structures on lots with frontage on the Pocomoke
River and that are proposed for location between the principal building
and the mean high tide line shall be limited to those the Planning
Commission determines are necessary for the operation of the principal
nonresidential use or structure. The applicant must provide compelling
reasons for such location of the accessory use or structure.
(2) In addition to any other screening requirements accessory uses and
structures located on the side of a principal use or structure on
a lot with frontage on the Pocomoke River shall be screened from view
from the street and from the waterfront side of the lot. Screening
methods shall be approved by the Planning Commission.