[Amended 1-10-2011 by Ord. No. 2011-OR-001; 9-11-2019 by Ord. No. 2019-OR-05]
A. Purpose. It is the intent and purpose of this section to protect
the health, safety, morals and general welfare of the Town of Edmonston
and its residents by generally restricting the placement of certain
types of fences on residential and commercial lots. Such restrictions
shall, among other things: prevent the obstruction or reduction by
man-made structures of visibility at corners and intersections for
drivers and pedestrians; add to the attractiveness of the community;
create a better home environment; preserve an area generally regarded
by the public as pleasing to the eye; and preserve, improve and protect
the general character of the lands within the Town and improvements
thereon.
B. Definitions. In applying the fence restrictions contained in this
section:
CHAIN-LINK FENCE
Shall mean a fence made from wire helically wound and interwoven
in such manner as to provide a continuous mesh without knots or ties,
except in the form of knuckling or of twisting the ends of the wires
to form the selvages of the fabric, as well as all posts, clamps,
and other accessories necessary for the stable construction of the
chain-link fabric into a fence.
CORNER LOT
Shall mean any property that abuts two OR MORE adjacent public
rights-of-way.
FRONT YARD
Shall mean the property between the front building line and
the public street on which the property is located.
C. Front yard fences. Except as otherwise provided, all chain-link metal
fences on or abutting on Decatur Street are prohibited between the
front building line of THE property and other adjacent property, dwelling,
publicly dedicated street, private street or parking area.
D. Side and rear yard fences. Nothing in this section shall affect the design, permitting or erection of side and rear yard fences within the Town of Edmonston. The building codes of the Town of Edmonston and Prince George's County, Maryland, as well as §
259-1 of this chapter of the Code of the Town of Edmonston shall govern such fences.
E. Permitted front yard fences. Fences that otherwise meet all design
and construction specifications of the building codes of the Town
of Edmonston and Prince George's County, Maryland, as well as
the Ordinance Code of the Town of Edmonston shall be permitted as
front yard fences so long as they are not constructed of chain link
on Decatur Street.
F. Corner lots. For any property deemed to be a corner lot under this
section, no chain-link fence may be erected along the side yard that
abuts just Decatur Street.
G. Notwithstanding any other provision of this chapter, aboveground
electrified fencing is prohibited. Existing electrified fencing may
not be replaced in kind.
H. Repair and replacement. All front yard fences legally existing as
of October 10, 2010, which do not comply with any subsection (i.e.,
front yard chain-link fences), shall be deemed nonconforming uses.
All front yard fences erected subsequent to October 10, 2010, that
are intended to replace those fences deemed nonconforming uses shall
conform to the requirements of this section. A fence deemed to be
a nonconforming use under this subsection which has been removed or
destroyed through no fault of, and due to circumstances beyond, the
control of the owner may be replaced or repaired in a manner substantially
identical in all material respects, including such factors as materials,
height, length and location, to the fence so removed or destroyed.
Nothing contained in this subsection shall be construed to prohibit
the maintenance and repair of a nonconforming fence so long as the
fence is not changed in character and all repairs are made with materials
substantially the same as the materials requiring maintenance or repair.
Whenever any hedge or shrubbery is found to be higher than is
permitted by the preceding section, the Town shall mail or cause to
be delivered to the owner or occupant of such premises a written notice
of the violation, requiring the owner or occupant of the premises
to comply with the preceding section within 10 days from the date
of service of the notice, and if the same be not corrected to conform
to this chapter within the time specified in the notice, the person
responsible for the condition of the property shall be cited for a
violation of this chapter; provided, however, that if any person interested
in the property feels aggrieved by the application of this provision
to his particular case, he/she may appeal, at any time before expiration
of the notice, to the Mayor and Council where he/she shall be given
a hearing. If the Mayor and Council find that an exceptional condition
exists which would make the application of this provision as to height
unreasonable in the particular case, and that permitting the greater
height would result in no traffic or other hazard to the public, then
the Mayor and Council may determine what is a reasonable height for
the particular location under the circumstances, and such person shall,
from and after the expiration of three days from the time of such
determination, not permit such hedge, fence or shrubbery to be or
grow to a height greater than that determined.
All hedges or shrubbery shall be planted sufficiently back of
the property line so that when grown to three feet and trimmed they
shall not extend over the sidewalk and impede the foot traffic or
create a safety hazard.
A. Industrial area plantings. Any building or property abutting or facing
a residential zone is required to provide appropriate screening, trees,
shrubs, or fences which will limit the visibility of the industrial
use from neighboring residential properties.
B. Whichever screening methods are proposed for §
259-5A must be submitted to the Town of Edmonston Town Administrator for approval prior to installation.
C. In the event the proposed screening is denied by the Town Administrator,
an appeal may be made to the Mayor and Council whose decision will
be final.
All retaining walls constructed along a sidewalk shall require
a building or construction permit. Construction plans must be submitted
to the Town of Edmonston prior to construction for approval and payment
of building permit fee.
Violations of the provisions of this chapter are declared to
be municipal infractions, the penalty for which shall be $100 for
each offense. Each day that a violation continues after initial notice
shall constitute a separate offense.