Certain words in this article are defined for purposes hereof
as follows:
The line, established by law, beyond which a building shall
not extend, except as specifically provided by law.
Any building, or portion thereof, which is designed or used
exclusively for residential purposes.
The right that the Town has to use the land of another for
a specific purpose.
A structure of wood, stone, iron, brick, tile or cement,
connected together and designed for use in the position fixed, erected
upon the ground for decorative or functional purposes.
Land occupied, or to be occupied, by a building and its accessory
buildings, and including such open spaces as are required under the
zoning ordinance of the Town.
The lines bounding a lot as defined herein.
Any unoccupied space on the lot that is open and unobstructed
to the sky and occupied by no building or structure whatever.
A public thoroughfare more than twenty-five (25) feet wide.
The dividing line between a lot, tract or parcel of land
and a contiguous street.
Anything constructed or erected, the use of which requires
permanent location on the ground, or attached to something having
a fixed location on the ground.
A metal, chain-link structure including gates, connected
together, covered with open mesh windscreen and designed for use on
a construction site for which the Town has issued a building permit
for demolition or construction.
An open, unoccupied space on the same lot with a building
between the building line and the street line of the lot.
An open space, unoccupied except by an accessory building,
extending for the full width across the rear of a lot. The depth of
a rear yard is the minimum horizontal distance between the rear lot
line and the rear of the main building or any projections thereof
except steps. On corner lots, the rear yard shall be considered as
parallel to the street upon which the lot has its least dimension.
An open, unoccupied space, unobstructed to the sky, on the
same lot with a building, situated between the building and the side
line of the lot and extending through from the street or from the
front yard to the rear yard or to the rear line of the lot. Any lot
line not a rear line or a front line shall be deemed a side line.
The width of a side yard shall be the horizontal distance between
the lot line and that portion of the building or any projection thereof
nearest to the lot line.
(1971 Code, sec. 5-93; Ordinance
1702, sec. 1, adopted 7/23/07)
Any person desiring to erect or construct a fence within the
Town shall first procure from the Building Inspector a building permit.
The application for such permit shall be in writing on a blank form
to be furnished for that purpose and shall be accompanied by a lot
plan drawn to scale, showing the size and outline of the dwelling
and other structures on the lot, the location of the proposed fence,
and a description of any specifications for such fence.
(1971 Code, sec. 5-94)
The construction of all fences shall be in compliance with the
building code of the Town.
(1971 Code, sec. 5-95)
It shall be unlawful for any person to construct a fence in
the front yard in a residential area.
(Ordinance 1702, sec. 2, adopted 7/23/07)
Temporary construction fences are permitted to extend into the
front yard in “G” multifamily zoning districts provided
the following conditions are met:
(1)
The
fences do not extend or protrude across the property line onto the
sidewalk, alley, right-of-way, or onto adjacent property.
(2)
The
height of the fences shall not exceed eight feet (8').
(3)
A
permit must be issued prior to the construction of the fence.
(4)
The
fences must be inspected by the Building Inspection Department.
(5)
The
fences shall not be out of vertical alignment by more than twenty
(20) degrees.
(6)
The
fences shall be maintained in the same condition as when erected.
All damaged or missing portions of such fencing shall be replaced
with comparable materials of a color comparable to the remaining portions
of the fences.
(7)
The
fences shall not obstruct or interfere with minimum sight line standards
of section 8-402(8) of the zoning ordinance or constitute a visibility
hazard for any street, alley, or sidewalk adjacent thereto.
(8)
No
encroachment on any public property, right-of-way, or easement shall
be allowed except by prior written approval of the Town Council.
(9)
Gates
shall be designed to prevent extending into, across, or blocking sidewalks,
streets, or alleys when open.
(10)
Fences shall be removed upon completion of the exterior of the structure
or as required by the Building Official.
(Ordinance 1702, sec. 3, adopted 7/23/07)
It shall be unlawful for any person to construct a fence or
any structure in any easement used by the Town for utility or garbage
collection purposes.
(1971 Code, sec. 5-96)
It shall be unlawful for any person to construct a fence along
and within the front building line of a lot, which fence is of wood
or other flammable materials or is not compatible with the house behind
the fence and the houses next door.
(1971 Code, sec. 5-97)
(a)
It
shall be unlawful for any person to construct a swimming pool on a
lot in a residential area within the Town unless such pool is completely
surrounded by a fence or wall not less than four (4) feet in height,
which shall be so constructed as not to have openings, holes or gaps
larger than four (4) inches in any dimension, except for doors and
gates. If a picket fence is erected or maintained, the horizontal
dimension shall not exceed four (4) inches. A dwelling house or accessory
building may be used as part of such enclosure.
(b)
All
gates or doors opening through an enclosure required by this section
shall be equipped with a self-closing and self-latching device for
keeping the gates or doors securely closed at all times when not in
actual use, except that the door of any dwelling which forms a part
of the enclosure need not be so equipped.
(1971 Code, sec. 5-98)
