(A) Set-back. Fences must maintain a two-foot set back from any property line and may not be constructed within the public right-of-way or within any utility easement. The granting of an ILP does not mean that no easement is present. The Zoning Administrator is not responsible for locating easements, rather the property owner is responsible for determining the existence of easement rights on the subject property. A fence built over a utility or other easement may be torn down by the easement holder, and the cost of repairing the fence will be the sole responsibility of the fence owner.
(B) Agricultural use. Fences of any height are permitted.
(C) Residential use.
(1) Fences or wall, constructed within a rear yard shall not be higher than eight feet. All fences are considered an accessory use. Fence setbacks shall be two feet unless the permit is accompanied by a letter from adjoining property owners agreeing to allow the fence to be placed closer to the agreed property line.
(2) No fence, wall, or hedge shall rise over three feet in height on any required front yard. No fence, wall, or hedge planting shall interfere with visibility from a driveway or public right-of-way. The Town Manager is hereby empowered to cause all obstructions to be removed in the interest of public safety.
(3) All support structures shall face to the inside side of fence.
(D) Industrial use. Fences up to eight feet in height are permitted as long as they do not obstruct the view of motor vehicles.
(E) Correction of violation. Any person found in violation of this chapter shall be given one written notice to correct such unlawful condition with a reasonable time allowed for the correction. If the correction is not made within the stated reasonable time, the Town Council may order the correction made by others, and the cost of such correction shall be charged to the property owner or other found to have caused the violation. In addition to the cost to correct such violation, a penalty of not less than $25 nor more than $1,000 may be imposed. A separate offense may be deemed committed for each day such violation occurs or is permitted to continue.
(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)