(A) Definitions. This section defines four different kinds of yards: front, rear, interior side, and corner side. Fence regulations vary depending on the yard in which the fence will be located. The definitions and illustrations below are intended to help vou determine which regulations are applicable to your situation.
(1) FRONT YARD. The area across the full width of a lot, extending from the front of the principal building to the front lot line. An open or screened porch is considered an accessory structure and therefore part of the front yard. An enclosed porch is considered part of the principal building and therefore not part of the front yard.
(2) REAR YARD. The area across the full width of a lot extending from the rear of the principal building to the rear lot line. On a corner lot, the rear yard is the area between the principal building, the side or rear lot line of the neighboring lot, and the corner side yard.
(3) INTERIOR SIDE YARD. The area between the principal building and the side lot line, extending from the front yard to the rear yard. An interior lot has two interior side yards. A corner lot has one.
(4) CORNER SIDE YARD. On a corner lot, the area between the principal building and the public right-of-way, extending from the front yard to the rear property line.
(B) No person shall erect, cau se to be ere cted or substantially alter, or cause to be substantially altered a fence, wall, hedge or shrubbery within the town without first having obtained a fence permit issued by the Executive Director.
(C) No permit shall be issued by the town until the Executive Director as directed by the APC has determined that the proposed fence, wall, hedge or shrubbery complies with applicable regulations hereunder and with all other applicable laws and ordinances of the town.
(D) General restrictions and prohibitions.
(1) The installation of any fence, wall, hedge or shrubbery to be used as a fence, wall, or property line separation shall require a fencing permit as issued by the APC, Executive Director. Located in the Town Hall.
(2) The fence permit application shall include a scaled drawing showing the proposed fence location on the property and shall include a picture of the proposed fence profile and material for approval and for final installation comparison. All fence material shall match.
(3) No fence, wall, hedge or shrubbery shall be erected, or cause to be erected, or plant or cause to be planted within the right-of-way of any public street, road, avenue, alley, highway, or parkway (hereafter called “street”), dedicated easement, drainage easement, public utility easement or combination thereof (hereafter called “easement”).
(4) No fence, wall, hedge or shrubbery shall be maintained, erected or cause to be erected with any material, which is likely to inflict bodily harm if a person or animal was to come in contact with the fence, wall, hedge or shrubbery. Materials covered by this prohibition, but not limited to, sharp or ragged metal spikes or spears, rough wood surfaces, and the like, as determined by the APC. No barbed wire or barbed wire fences shall be used on any residential property within the town limits.
(5) A fence, wall, hedge or shrubbery shall have at least 25% open space from the front of the building to the street right-of-way on single streets or
street right-of-way on each street of corner lots. Such open space shall be reasonably dispersed throughout the entire area of the fence.
(6) No fence, wall, hedge or shrubbery shall be installed closer than 24 inches off of the installer’s property line in order for the installer to maintain the fence, wall, hedge or shrubbery without impeding on the adjacent owner’s property, or forcing the adjacent property owner to maintain the installer’s fence, wall, hedge or shrubbery.
(a) Exception. A fence, wall, hedge or shrubbery may be installed on a property line or adjacent to a property line with the following requirements:
1. Both property owners must agree on the location of the property line. If in doubt the property shall be surveyed by the property owners.
2. Both property owners must sign an agreement to erect a fence, wall, hedge or shrubbery on the property line and have said agreement notarized. A copy of the notarized agreement shall be attached to the application for a fence, wall, hedge or shrubbery and maintained in the office of the APC, Executive Director.
(b) The cost, exact location, type of profile, type of material, and maintenance shall be determined by the property owners.
(c) In the event the front of the buildings of the adjacent property owners do not align a 6-foot (72-inch) high fence shall stop at the front of the building of the property owner who is paying for the fence. If both property owners are paying for the fence the fence can stop at the front of either building, but no closer than the building closest to the street side.
(7) All fences, walls, hedges or shrubbery shall not be installed beyond the property’s right-of-way or inside any easement(s). The owner shall install a gate or gates or provide an open space between hedges or shrubbery of sufficient width to allow access of equipment to maintain the right-of-way or easement side of the property beyond the fence, wall, hedge or shrubbery.
(8) No above ground electric or electronic fence or fences shall be installed within the town limits. Below grade electric fence for animal control are acceptable with the Executive Director’s approval.
(9) No fence, wall, hedge or shrubbery shall interrupt, impede or otherwise alter the natural flow of water shall be erected or cause to be erected in any district.
(10) All fences, or walls shall be erected or cause to be erected so that the supporting structure (posts, supporting cross members, and the like) faces the installer side of the fence, or wall. The finish side shall face out (away from the installer).
(11) All fences, walls, hedges or shrubbery shall be maintained in a good, structurally sound, and in a neat, clean and attractive condition at all times.
(12) All hedges or shrubbery shall be planted or cause to be planted and maintained so that the hedge or shrubbery will not overhang or interfere with the use of a public way such as, but not limited to a sidewalk, street or beyond the right-of-way easement for streets.
(13) No person shall plant or cause to be planted, construct or cause to be constructed or maintain or cause to be maintained upon any land or premises within the town any fence, wall, hedge, shrubbery or other structure or object that will interfere with, obstructing the view of or create a safety hazard for any motor vehicle being driven, or bicycle being ridden, whether on private property or on any public property.
(E) Fence and height requirements.
(1) The height of a fence shall be determined by measuring from the adjacent grade to the highest point of the fence, excluding fence posts. Fence posts may exceed the maximum height of the fence by up to one foot.
(2) Front yard fences shall not exceed 3.5 feet (42 inches) in height. Agricultural fences shall be exempted from these standards.
(3) Interior side yard and rear yard fences shall not exceed six feet (72 inches) in height.
(4) In screening corner side yards, fences are generally limited to four feet (48 inches) in height. However, corner side yard fences that are set back at least 15 feet from the edge of the nearest road may be up to six feet (72 inches) tall.
(5) Notwithstanding the foregoing, residential property that abuts commercial or industrial property may erect a fence or wall that shall not exceed 96 inches maximum in height above the finish ground level from the front of the residential building to the rear or side of the property or to a recorded dedicated easement for any Residential District. The 96-inch high fence can only be erected on the abutting property line with the commercial or industrial property.
(6) Commercial and Industrial Districts.
(a) No fence or wall shall exceed 96 inches maximum in height (plus the maximum 12-inch high barbed wire) above the finish ground level from the front of the building to the rear of the property or to a recorded dedicated easement for any Commercial or Industrial District. With the approval of the APC the use of barbed wire may be used on fences in Commercial or Industrial Districts only where the fence exceeds 96 inches (plus the maximum 12-inch high barbed wire). Barbed wire may not project or extend beyond the installers property line.
(b) Exception. The higher fence can transition down to the lower fence starting in line with the front of the building toward the street for a maximum distance of 96 inches in length. No barbed wire will be allowed on a fence or wall lower than 96 inches in height or beyond the front of the building or side of the building if located on a side street.
(7) Pool fence. All pool and deck areas must be contained within a fenced enclosure of not less than 60 inches minimum in height above the finish ground or deck level. Such fence shall be design to obstruct access to the pool. All gates shall open out and should be self-closing and self-latching. Latching device shall be mounted a minimum of 54 inches above the finish ground or deck. When the latching device will be mounted less than 54 inches install the latch on the side facing the pool and 3 inches below the top of the gate.
(a) Above ground pools with a fixed stairway or other permanent access to above ground deck around the pool shall have a lockable gate at ground level that will open out or at the pool level deck, no gate shall open over the steps.
(b) Chain link fence shall have a maximum mesh size of 1-1/4 inch square.
(c) All fencing openings shall not allow a 4-inch diameter sphere to pass through.
(d) All fencing shall not allow the passage of a 4-inch diameter sphere from the bottom to the top of the grade on the side facing away from the pool.
(e) Unacceptable fences are any type of fence material installed horizontally that will act as a ladder to access the pool area.
(F) Exceptions.
(1) Privacy screens around air conditioning condensing units, trash containers, and similar equipment not exceeding 48 inches in height above finish grade shall not be considered a fence and will not require a fence permit.
(2) Pet enclosures and similar uses not exceeding 24 inches in height above finish grade shall not be considered a fence and will not require a fence permit.
(G) Exemptions. Fences, walls, hedges or shrubbery legally in existence at the time of adoption of this title which are not in violation of current ordinances, and which do not prevent a safety hazard to pedestrian or vehicular traffic, and which do not prevent accessibility by emergency vehicles, but which violate other provisions of this section may continue to be maintained and to exist, but may not be replaced unless current ordinances are complied with.
(H) Nonconforming fences, walls, hedges or shrubs. Nonconforming fences, walls, hedges or shrubbery not exempted, above, shall be subject to repair or removal. If, following inspection by the APC Executive Director, any fence, wall, hedge or shrub in the Executive Director’s determination does not meet the requirements herein, the Executive Director shall order the owner or occupier of the premises to make the necessary repairs, improvements or to remove the fence, wall, hedge or shrub. A reasonable period time not to exceed 90 days shall be provided to make repairs, based upon the nature, extent and cost of such repairs, improvements or removals. Should the aforesaid owner or occupant fail to make the requested repairs, improvements of removal within the time provided, the owner or occupier shall be in violation of these regulations, and the town shall be authorized to undertake the necessary repairs, improvements or removal at the expense of the owner or occupier.
(Ord. 2017-02, passed 2-20-2018; Am. Ord. 2024-10, passed 4-15-2024)