(A) Compliance. All fences and walls shall comply with the requirements of this section unless specifically approved as part of a special or conditional use permit or variance.
(B) Purpose. The purpose of this section shall be to allow fences within districts which are architecturally compatible with each other, while preserving the flexibility of fences in the rural areas.
(C) Fence and wall requirements in residential zoning districts. Fences and walls in residential zoning districts and/or on residential properties shall conform to the following provisions.
(1) Subject to the provisions of this division (C), fences, walls, and similar structures not exceeding six feet in height may be constructed along any property line located within a residential zoning district or on a residential property.
(2) Fences, walls, and similar structures not exceeding six feet in height may encroach into the rear or side setback provided the lot does not abut a golf course or a lake. Fences, walls, and similar structures shall not encroach into a required buffer unless such fence, wall, or similar structure has been designed and approved as part of the buffer.
(3) (a) Swimming pool fences shall be constructed in accordance with the State Building Code and shall conform to the requirements of this section.
(b) Pools built prior to the effective date of this section that have not been enclosed with a fence shall be fenced and any such fencing may encroach up to 20% into any adjacent setback, provided that any fence encroaching pursuant to this division (C) shall be constructed out of wrought iron or picket-style fencing.
(4) If the rear lot line of a property borders on the side property line of an adjacent property, any fence constructed along the rear property line shall be no lower than six feet along the common property contiguous to any side property line.
(5) Fences, walls, and other similar structures not exceeding four feet in height may encroach into any front setback. The four-foot limitation shall apply to driveway entrance columns, but the total height of said columns with light fixtures shall not exceed five feet in height.
(6) The existing ground elevation shall not be modified or elevated in any manner so as to construct a fence, wall, or other similar structure to increase the maximum allowable height of the fence unless such modification or elevation of existing ground is proposed and approved as part of a required buffer.
(7) Fences, walls, and other similar structures shall not exceed four feet in height when abutting a defined front yard of an adjacent property.
(8) Fences, walls, and other similar structures in the front yard are discouraged and must be:
(a) Located at least two feet from the right-of-way and no closer than two feet from the inside of the edge of the sidewalk;
(b) Less than 60% opaque; and
(c) Be designed as picket or wrought iron style fencing (chain link and chicken wire fencing is expressly prohibited).
(9) On corner lots, a ten-foot setback from the side street property line is required for fences located in the side and rear yard when those fences are greater than four feet in height.
(D) Fences and walls in non-residential zoning districts and/or on non-residential properties.
(1) Fences, walls, and other similar structures not over six feet in height may encroach into any required setback.
(2) Fences, walls, and similar structures shall not encroach into a required buffer unless such fence, wall, or similar structure has been designed and approved as part of the buffer.
(E) Residential and non-residential fences.
(1) Those fences or similar structures not authorized or approved as provided in this Section are prohibited.
(2) The finished side of a fence or wall shall always face outward toward the street or adjacent property. For the purposes of this section, the following types of fences are allowed, depending upon the specific zoning district in which they are located.
(3) Material substitution may be permitted by the Town Zoning Administrator where the appearance and material would result in equal or better performance.
(4) Allowable fence, wall, and other structure types include:
(a) Picket, provided that:
1. The fence shall be constructed of wood, vinyl, or composite material and may be painted, stained, or unfinished; width of pickets shall not be wider than four inches with a minimum of one inch between pickets;
2. Maximum height is four feet; and
3. Minimum number of horizontal rails is two.
(b) Post and rail (or split rail), provided that:
1. The wire is located on the inside of the fence;
2. The wire is muted in color (black, green, or brown);
3. The use of wire is optional; and
4. Chicken wire is not permitted.
(c) Wrought iron;
(d) Brick; and
(e) Stone, provided that:
1. Retaining walls higher than 36 inches shall not encroach into the front setback for primary structures or into the rear and side setbacks for accessory structures;
2. No retaining wall shall be closer than five feet to a property line or right-of-way line; and
3. Retaining wall height shall be measured from the lowest adjacent grade to the top of the wall.
(Ord. passed 12-20-2001) Penalty, see § 152.999