(A) Residential.
(1) Front yards: the body of fences cannot exceed 42 inches maximum with standard installation.
(2) Rear yards: the body of fences cannot exceed 6 feet maximum with standard installation. A special exception may be granted (per BZA review) to allow a 10 feet maximum fence.
(3) In residential districts the building line defines the separation between front and rear yards.
(4) In rear and side yards, fence may be installed up to the property line (not on it, or over it).
(B) Business.
(1) Front yards: the body of fences cannot exceed 42 inches maximum with standard installation.
(2) Rear yards: the body of fences cannot exceed 8 feet maximum with standard installation.
(3) In business districts fences can be installed up to the front yard building line.
(4) In rear and side front yards, fence may be installed up to the property line (not on it, or over it).
(C) Industrial.
(1) Front yards: the body of fences cannot exceed 10 feet maximum with standard installation.
(2) Rear yards: there is no maximum height requirement, but standard installation is required. Outside storage must be fenced in per town code.
(3) Fences can be installed up to the property line.
(4) The division between the front and the rear yard is the front building line.
(D) Agricultural. Fences in this district are exempt from fence requirements as long as the fence being installed adheres to using standard fence material.
(E) Universal standards.
(1) Standard installation for all fences may include up to 3 inches ground clearance.
(2) Front yards are any street facing yards.
(3) Front yard restrictions apply on the side of corner lots.
(4) When 2 or more lots are involved and the lots are in different districts as described above, fence placement is to be determined by the more restricting of the respective regulations for the 2 different districts.
(5) Fences must be kept off of easements and utility lines. Sidewalks are considered an easement. Fences are not permitted to exceed past the property line.
(6) (a) If adjoining property owners agree to have a common fence put in, a written consent form must be completed between the parties, which form must have an agreed maintenance clause signed by all parties, and recorded as a deed restriction. Recording fee will be paid with permits.
(b) The consent form with maintenance clause shall be obtained from and must be put on file with the Town Manager's office prior to a permit being issued.
(c) Should a dispute arise in the future with regard to the maintenance or position of the fence and if the respective property owners cannot come to an agreement (whether those property owners are the original property owners that signed the agreement or successor property owners) the fence will be required to be removed at the cost of all property owners.
(7) The property owner having a fence installed is responsible for the maintenance of the fence and the upkeep of the grass and land around the fence.
(8) The good side of a fence will need to face out away from the property owner constructing the fence in all districts except agriculture.
(9) All fences must be of traditional fencing design (for that particular district), a list of acceptable standards will be on file at the Town Manager's office.
(F) Permits.
(1) (a) A permit must be obtained from the Zoning Administrator prior to constructing or installing or modifying any fence.
(b) A basic repair to an existing fence is not considered a modification. If an existing fence is changed or removed in any part, a permit must be obtained and the current fence requirements in effect at the time of the permit being obtained must be adhered to.
(2) Before a fence permit may be issued a drawing must be submitted showing the placement and type of fence material to be used.
(3) If the material to be used is questionable as to whether or not it is deemed traditional fencing material (for that particular district), then it must be submitted to the Board of Zoning Appeals for review and decision.
(4) A list of acceptable standards will be on file at the Town Manager's office.
(5) The cost for a fence permit is $25 plus any recording fee.
(1996 Code, § 7-20) Penalty, see § 151.99