These standards apply to fences in all zoning districts.
(A) Fences cannot be erected or altered in a manner that obstructs the vision of a vehicle driver (see § 154.099). Fences may be built directly along lot lines; however, fences must not encroach into rights-of-way, nor into easements prohibiting the installation of fences.
(B)
Fences may be placed in a drainage or utility easement after approval of an encroachment permit. Fences must be offset a minimum of five feet from the swale flow-line or any underground pipe without impeding the flow of storm water runoff. The Town of Bargersville Storm Water Utility or its designated representatives are not liable for replacement or repairs of any fence located within a drainage easement. The Utility must notify the property owner at least 30 days prior to any repairs unless an emergency requires immediate repairs. The property owner is solely responsible for the cost of removing and replacing the fence encroaching into the easement. The property owner is responsible for maintaining the obstruction-free flow of storm water across their property.
(C) Height limitations.
(1) Fence height is measured from the top of the fence to the finish grade adjacent to the fence. Any fence placed upon mound, berm, or masonry wall is measured from the top of the fence to the finish grade at the base of the mound, berm, or wall.
(2) Fences located within a required setback for a side yard, street side yard, or rear yard of a residential lot cannot exceed six feet in height.
(3)
Fences located within a required or established front yard shall not exceed 42 inches in height in Residential (R-R, R-1, R-2, R-3, R-4, and R-5) Zones, Commercial (C-1, C-2, C-3) Zones, and Industrial (I-1, I-2, and I-3) Zones, or 52 inches in height in a residential use located on an agriculturally zones (AG) parcel.
(4) Open wire mesh fences surrounding tennis courts and baseball diamond backstops may be erected to a height of 16 feet.
(5) Fences enclosing an institutional, business, or industrial property, may consist of an open mesh fence not to exceed ten feet unless otherwise restricted by this chapter.
(6)
Fences in agricultural uses located within any zone shall not exceed eight feet in height in any side or rear yard or 52 inches in height in any front yard setback.
(D) Opaque fences must be installed so the finished side of the fence is facing outward (e.g., toward the lot line).
(F) Property owners should refer to any applicable declaration of covenants, conditions, and restrictions, which may impose greater restrictions than listed in this chapter. This chapter does not abrogate any private covenants that may apply to property.
(G) Chain link fencing is prohibited in all zoning districts except industrial districts. Barbed wire and razor wire are prohibited in all districts, unless otherwise provided in this chapter. Security fencing around utilities is exempt from these requirements.
(H) Fences must be maintained in good condition and operating order.
(I)
In all zoning districts, temporary fences for safety and construction are permitted and are exempted from the standards of this chapter.
(Ord. 2022-17, passed 7-19-2022; Ord. 2023-17, passed 12-12-2023)