§ 8.1 FENCES AND WALLS.

   8.1.1   Applicability. The provisions of this section shall apply to all new construction, redevelopment, or replacement of fences or walls not required for support of a primary or accessory structure, or any other linear barrier intended to delineate different portions of a lot. In the event of any inconsistency between the provisions of this section and any screening standard in § 8.2, Screening, the latter shall govern.

   8.1.2   General requirements for fences and walls.

   (A)   Location. Fences are permitted on, or at any location inward from, the property line between two or more parcels of land held in private ownership.

   (B)   Fences in easements. Fences shall be prohibited within public and private utility easements. The town shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements. In no instance shall this provision be construed to prevent fencing around stormwater retention or detention facilities if the owner desires.

   (C)   Blocking natural drainage flow. No fence shall be installed so as to block or divert a natural drainage flow on to, or off of, any other land.

   (D)   Fences on retaining walls or berms. If a fence is constructed on top of a retaining wall or berm, the combined height of the fence and the wall or berm shall not exceed the maximum height that would apply to a fence or wall alone.

   (E)   Fences and walls within required buffers and landscaping areas. Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material. The perimeter fencing or wall for a subdivision or other development shall be of a uniform, approved style that meets the standards of this section.

   8.1.3   Height requirements for fences and walls. All fences and walls shall conform to the following standards. In all cases, heights are measured from natural grade.

   (A)   Residential. In the residential districts, with the exception of fencing for livestock, horses, ponies, mules, or donkeys, fences shall not exceed a height of four feet in front yards. Walls shall be limited to a maximum height of three feet in front yards. Walls and fences located behind the front building line shall not exceed six feet in height. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.

   (B)   Nonresidential. In the nonresidential districts, with the exception of properties where the primary use is the display of automobiles and equipment for sale, fences and walls, except for retaining walls, shall not be permitted in front setback areas, and shall not exceed a height of six feet when located in front yards or within 20 linear feet of a public right-of-way in a side or rear yard. Fences and walls shall not exceed eight feet in height in all other areas. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.

   (C)   Exemption for required screening. Fencing provided to meet the standards of § 8.2, Screening, shall be exempted from the height standards of this division 8.1.3, but in no case shall any fence exceed the maximum height limits of § 8.2, Screening, by more than two feet.

   (D)   Exemption for recreational fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility shall be exempt from the height restrictions of this division 8.1.3.

   (E)   Exemption for safety. Major utilities, government facilities, and other public uses shall be exempted from these standards as needed to ensure safety and security.

   (F)   Exemption for livestock, horses, ponies, mules, or donkeys. Fencing for livestock, horses, ponies, mules, or donkeys should be adequate to keep the animals safely enclosed without creating a nuisance or danger to adjacent properties. Fencing for livestock, horses, ponies, or mules must be approved by the Ordinance Administrator using the same review standards set out in division 7.4.3(L)(2).

   8.1.4   Perimeter fences and walls abutting public rights-of-way. Perimeter fences or walls abutting a public or private right-of-way shall:

   (A)   Be of a uniform style;

   (B)   Be located entirely outside of the right-of-way; and

   (C)   Be located outside of any required landscaping area.

   8.1.5   Visibility clearance. Fences and walls may not be placed in a sight distance triangle unless it is less than two and one half feet in height.

   8.1.6   Regulation of certain fencing materials.

   (A)   Chain link and metal slat fencing. Fences and walls constructed of chain link or metal slats shall be prohibited within the front yard in all residential districts.

   (B)   Barbed wire and above ground electrified fences. Except as needed for agricultural uses, major utilities, government facilities, and other public safety uses, barbed wire fences and above ground electrified fences are prohibited in all zoning districts. Underground electric fences designed for control of domestic animals are permitted. Barbed wire may be permitted by the Ordinance Administrator around the top of an otherwise conforming fence in nonresidential zoning districts where the applicant can show that the barbed wire is necessary to discourage entry by unauthorized persons. Above ground electric fences for horses, ponies, mules, or donkeys may be allowed by the Ordinance Administrator.

   (C)   Debris, rolled plastic, sheet metal, plywood, or other waste materials. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, or waste materials are prohibited in all zoning districts.

   8.1.7   Appearance of fences and walls.

   (A)   Customary materials. Fences and walls shall be constructed of customary materials, including solid wood, brick, masonry, stone, wrought iron, decorative metal materials, or products designed to resemble these materials. Where specific materials are required for particular types of screening or buffering fences or walls, all other fence materials are prohibited.

   (B)   Finished side to outside. Wherever a fence or wall is installed, if one side of the fence or wall appears more “finished” than the other (i.e., one side has visible support framing and the other does not), then the more “finished” side of the fence shall face the perimeter or outside of the lot, rather than facing the interior of the lot.

   (C)   Uniformity of materials on a single lot side. All fencing or wall segments located along a single lot side shall be composed of a uniform material and shall be of a uniform color.

   (D)   Maintenance required. All fences and walls shall be maintained in good repair and in a safe and attractive condition, including, but not limited to, the replacement of missing, decayed, or broken structural and decorative elements. All fences and walls shall receive regular structural maintenance to prevent and address sagging and the weathering of surfaces visible from the public right-of-way. Any deteriorated, damaged, or decayed fence materials shall be promptly repaired, and any fence or wall post or section that leans more than 20 degrees from vertical shall be promptly repaired to correct the condition and restore the fence to an upright, vertical position.

(Ord. A.24.06, passed 10-3-2024)