Sec. 59-B-2.1. Walls or fences.

The building line and yard requirements of this chapter do not apply to:

   (a)   retaining walls where changes in street grade, width or alignment have made such structures necessary,

   (b)   deer fencing in:

      (1)   all agricultural zones; and

      (2)   the rear and side yards of all non-agricultural zones unless the lot or tract adjoins a national historical park.

      (3)   the rear and side yards of all non-agricultural zones if the lot or tract adjoins a national historical park and the deer fence is located at least 100 feet from a national historical park boundary.

   (c)   other walls or fences that are 6 ½ feet or less in height and are not on a lot or tract adjoining a national historical park,

   (d)   rustic fences on a lot or tract adjoining a national historical park,

   (e)   boundary fences on the rear and side yards if the lot or tract is located within 100 feet of a parking lot in a national historical park.

   (f)   deer and other fences not over 8 feet in height if the property is farmed and agriculturally assessed. 

On a corner lot in any residential zone, a deer fence must not be located closer to the street than the face of the building.

Fence height is measured from the lowest level of the ground immediately under the fence.  On a corner lot in any residential zone a fence, wall other than a retaining wall, terrace, structure, shrubbery, planting or other obstruction to vision must not have a height greater than 3 feet above the curb level for a distance of 15 feet from the intersection of the front and side street lines.

(Legislative History: Ord. No. 14-55, § 2; Ord. No. 16-06, § 2.)

   Cross reference-Fencing of swimming pools, § 51-15 et seq.