Fences may be erected, altered, or reconstructed in accordance with the following regulations, and in accordance with the other provisions of this zoning code, except that the fence regulations in no way apply to land use solely for agricultural purposes.
(A) General requirements.
(1) No barbed wire is permitted as fencing within any residential zone, except in the following cases:
(a) A farm located within a residential zoning district; and
(b) Chain link fencing around the facilities of the Morehead Utility Plant Board not less than six (6) feet in height may be topped with three rows of barbed wire.
(2) Fences may be erected, altered, or reconstructed to a height not to exceed six (6) feet above ground level, and shall be located a minimum twenty-five (25) feet from the front lot line in a residential zoning district in the front yard, excluding a yard of any use in a business or industrial zoning district. This is not applicable to fences constructed to accommodate swimming pools and tennis courts.
(3) Fences may be erected, altered, or reconstructed on a lot line to a height not to exceed six (6) feet, when located in the side or rear yards of any dwelling in a residential zoning district.
(4) All fences must be erected within the property lines, and no fences shall be erected to encroach upon a public right-of-way.
(5) The regulations contained within this section shall not prevent the erection of an open wire fence anywhere within a public park, public playground, or school premises. When adjacent to agricultural land, the fencing shall not be less than six (6) feet in height, nor less than four (4) feet in height when barbed wire is used on top.
(6) These restrictions shall not be applied to restrict the erection of a wall for the purpose of retaining earth.
(B) Fences separating residential and agricultural uses.
(1) All fencing of residential property adjacent to agricultural uses becomes the joint responsibility of the residential property owner and the agricultural land owner for erection, repair, maintenance, and replacement, when necessary.
(2) Before approval is given for developing any properties with a common boundary adjacent to agricultural land, the residential developer shall be required to erect a woven wire fence not to exceed eight (8) feet, nor less than four (4) feet, in height with barbed wire topping sufficient to effectively and safely confine all farm animals. Future maintenance, repairs, or reconstruction will be the joint and equal responsibility of the owners of record.
(3) In the event a suitable farm fence, under the provisions of these regulations, is already in existence, between agricultural and residential property, all maintenance, repair, or reconstruction will be the joint and equal responsibility of the owners of record, with primary responsibility resting on the agricultural operator to exercise due diligence in confining farm animals. If the farmer agrees that the existing fence is suitable, the residential developer shall be excused from the initial construction of a fence.
(C) Maintenance.
(1) All fences shall be maintained in a safe, sound, and upright condition.
(2) If the Building Inspector, upon inspection, determines that any fence or portion thereof is not being maintained in a safe, sound, or upright condition, he or she shall notify the owner of the fence in writing of his findings, state briefly the reasons for the findings, and order the fence or portion thereof repaired or moved within thirty (30) days of the date of written notice.
(Ord. 22:2019, passed 6-10-19)