Section 23 Fence Regulations

FENCE REGULATIONS DEFINITION: A HEDGE, STRUCTURE, OR PARTITION ERECTED FOR THE PURPOSE OF ENCLOSING A PIECE OF LAND, OR TO DIVIDE A PIECE OF LAND INTO DISTINCT PORTIONS, OR TO SEPARATE TWO CONTIGUOUS ESTATES. IN THIS ORDINANCE, FENCE, WALL OR HEDGE SHALL BE SYNONOYMOUS WITH THE TERM FENCE. GENERAL REQUIREMENTS: - THERE SHALL BE NO FENCE OF HEDGE WITHIN THREE (3) FEET OF ANY FIRE HYDRANT. - ALL FENCES SHALL BE CONSTRUCTED ON PRIVATE PROPERTY NOT ON THE TOWN PROPERTY. - EXCEPTIONS TO THE REGULATIONS MAY BE GRANTED AFTER REVIEW BY THE PLANNING COMMISSION AND APPROVAL BY THE CITY COUNCIL. - HEIGHT REQUIREMENTS: FENCES IN FRONT YARDS IN ALL ZONING DISTRICTS SHALL NOT EXCEED THREE (3) FEET IN HEIGHT FROM THE FRONT PROPERTY LINE EXTENDING TOWARD THE REAR OF THE LOT 30 FEET OR MINIMUM THREE (3) FEET IN HEIGHT TO THE FRONT OF THE MAIN STRUCTURE; WITH THE EXCEPTION OF CORNER LOTS WHICH SHALL CONFORM TO THE TRIANGULAR AREA DESCRIBED BELOW. ANY FENCE BEING CONSTRUCTED TO A HEIGHT OF SIX (6) FEET MUST ALSO ALLOW FOR VISIBILITY FROM ANY DRIVE-WAY OR ON ANY CORNER.ALL FENCES IN BACKYARDS MAY VARY IN HEIGHT UP TO EIGHT (8) FEET. ANY FENCES OVER EIGHT (8) FEET WILL REQUIRE SPECIAL RULING BY THE PLANNING COMMISSION AND TOWN COUNCIL. HEIGHT EXCEPTIONS: AGRICULTURAL FENCING THAT DOES NOT OBSTRUCT THE VIEW BY 80% OR MORE MAY BE PLACED UP TO SIX (6) FEET HIGH IN THE FRONT YARD. FOUR (4) FOOT HIGH FENCING THAT DOES NOT OBSTRUCT THE VIEW BY 50% OR MORE MAY BE PLACED IN THE FRONT YARD. HEIGHT ON CORNER LOTS: IN ALL ZONING DISTRICTS NO OBSTRUCTION OF VIEW IN EXCESS OF THREE (3) FEET IN HEIGHT SHALL BE PLACED OR MAINTAINED ON ANY CORNER LOT WITHIN A TRIANGULAR AREA FORMED BY THE STREET PROPERTY LINES AND A LINE CONNECTING THEM AT POINTS FORTY (40) FEET FROM THE INTERSECTION OF THE STREET LINES, EXCEPT TREES PRUNED HIGH ENOUGH TO PERMIT UNOBSTRUCTED VISION TO MOTOR VEHICLE DRIVERS. MATERIAL REQUIREMENTS: ALL FENCES SHALL BE CONSTRUCTED OF SUBSTANTIAL MATERIAL AND THE DESIGN AND CONSTRUCTION SHALL BE CONSISTENT WITH THE QUALITY OF DWELLINGS AND OTHER IMPROVEMENTS WITHIN THE SURROUNDING AREA. IF THERE IS ANY QUESTION ABOUT FENCE MATERIALS A RULING WILL BE DETERMINED BY THE PLANNING COMMISSION OR TOWN COUNCIL. THE FOLLOWING TYPES OF FENCES ARE PROHIBITED: - ELECTRIFIED, UNLESS APPROVED FOR LIVESTOCK - BARBED WIRE, UNLESS APPROVED FOR LIVESTOCK - CONCERTINA/RAZOR WIRE - WOODEN PALLETS (FOR AGRICULTURAL OF RESIDENTIAL) - TIRES OF ANY KIND - STRAW BALES OR SIMILAR - ANY MATRIAL THAT IS CONSIDERED DANGEROUS OR REFUSE BY THE PLANNING COMMISSION BUILDING PERMIT REQUIREMENTS FOR FENCES: INDIVIDUALS ARE REQUIRED TO MEET WITH THE PLANNING AND ZONING BEFORE CONSTRUCTING OR REPLACING ANY FENCE TO ENSURE PROPER SETBACKS ARE MET AS WELL AS PERMIT REQUIREMENTS. - ALL FENCING CONSTRUCTED ON THE PERIMETER OF THE PROPERTY REQUIRES A BUILDING PERMIT, REGARDLESS OF HEIGHT. - AGRICULTURAL FENCES BUILT FOR THE PURPOSE OF CONTAINING LIVESTOCK ALONG THE PERIMETER OF THE PROPERTY REQUIRES A BUILDING PERMIT. - SECTION 23, FENCE REGULATIONS – PAGE 1 BUILDING PERMIT EXCEPTIONS: FENCES THAT MAY NOT REQUIRE A BUILDING PERMIT INCLUDE: A. SMALL FENCE SECTION FOR SCREENS OR DECORATIVE PURPOSE WITHIN THE INTERIOR OF THE PROPERTY B. DECORATIVE FENCES UNDER THREE (3) FEET HIGH WITHIN THE INTERIOR OF THE PROPERTY C. AGRICULTURAL FENCES, THREE (3) TO EIGHT (8) FEET, BUILT FOR THE PURPOSE OF CONTAINING LIVESTOCK WITHIN THE INTERIOR OF THE PROPERTY SECTION 23, FENCE REGULATIONS – PAGE 2