In any Residential (R) District any fence installed from and after the effective date of this section shall meet the following standards.
(A) No fence shall be erected without first obtaining a zoning permit issued by the town's Development Services Director (see § 150.22).
(B) Fences and their customary appurtenances shall be constructed of materials designed, intended and customarily used for fencing. All fencing and appurtenances must be constructed in a durable fashion of brick, stone, other masonry materials or wood posts and planks, chain link, vinyl or metal materials specifically designed as fencing materials, or any combination thereof. The material used in the construction of the fence must be designed for construction of permanent fencing. Materials typically used for temporary fencing may not be used for permanent fences. All fences or similar structures must be firmly anchored to the ground, maintained in good structural condition and free of deterioration. The finished side of all fences and walls shall face the exterior of the property. Wire mesh, welded wire and solid plank fences are permitted in the rear yard only.
(C) (1) Fences in the front yard shall be a maximum of four feet above grade, six feet in the side yard and eight feet in the rear yard. Fences installed between the front building line of the principal residential structure (a line that runs along the front wall and extends therefrom in a straight line to either side property line) and the fronting street shall not exceed four feet in height. Fence material in the front yard is limited to fencing that allows clear and unobstructed visibility from adjoining properties and right-of-way (see examples below).
(2) Fence heights shall be measured from natural grade. The height of vertical support structures (posts, columns, pillars, etc.) for fences within front yard setbacks may be up to six feet high, as long as such supporting structures are no larger than two feet in width or diameter. Vertical columns shall be placed at least six feet apart.
(D) Notwithstanding the division (B) above, when the Zoning Administrator finds that there exists an unusual or extraordinary circumstance where an overwhelming public interest is served by allowing a fence of additional height to protect a residential use from negative impacts of adjoining non-residential uses, he/she may permit a fence up to six feet high in the front, side and rear yards along the property lines separating the residential and non-residential uses.
(E) Maintenance required. All fences and walls shall be kept in good repair, with construction, maintenance, replacement and reconstruction occurring as needed. A fence will be considered dilapidated when, by reason of inadequate maintenance, obsolescence or abandonment, it is deteriorated or decayed, or has bent or broken supports and panels and no longer adequately serves the purpose for which it was originally intended. If vegetative screening is included with the fence/wall, vegetation and shrubs must be trimmed and maintained.
(F) No fence shall be installed within two feet of any fire hydrant. No fence shall be constructed within a general drainage or utility easement, so as to block or materially impede the flow of storm-water runoff, nor in any right-of-way.
(G) On corner lots, § 153.012 regarding “obstructions to vision at street intersection” shall apply.
(Ord. passed 5-12-2015; Am. Ord. passed 7-12-2016; Am. Ord. passed 9-27-2016)