(A) Application for fence permits.
(1) No fence shall be constructed, erected or moved without a permit issued by the Department. Application for a permit shall be filed with the Department on forms provided by the Department and shall include a site plan of the property showing all property lines; location of buildings; rights-of-way including streets and alleys; location and size of the proposed fence; and any additional information deemed necessary to review the application.
(2) A fence permit shall not be required for decorative or non-privacy fencing on agriculturally zoned parcels provided that the proposed fence meets all other applicable provisions of this subchapter and applicable provisions of the town’s Zoning Ordinance. Privacy fencing on agriculturally zoned parcels shall require a fence permit.
(3) No fee shall be assessed for a fence permit.
(4) Should any work which requires a permit commence prior to said permit being issued, a penalty of $20 shall be assessed. Violations of this division (A) are in addition to other remedies and penalties herein provided.
(B) Obstruction of visibility at intersection prohibited. On a corner lot, no fence, plant, tree or shrubbery shall be erected, placed or planted or allowed to grow in such a manner as to impede vision. Privacy fences shall be prohibited within a radius of seven feet from the intersection of any rights-of-way, including, but not limited to, streets, alleys and thoroughfares.
(C) Encroachment of fence. It shall be unlawful for any privacy fence taller than three feet to encroach into any front yard setback. Fences placed on any side or rear property line shall be kept two feet from any alley to allow ample space for snow plows, garbage trucks and service trucks.
(D) Certain fences unlawful. Except in agricultural, and suburban residential, open space and manufacturing zoned areas, it shall be unlawful to construct or erect in the town, a fence equipped with or having an electrical charge, spikes, barbed wire or any similar device.
(E) Disputes concerning boundaries. Any civil dispute concerning legal property boundaries shall be resolved at the expense of the property owners. The county or town shall not be responsible for determining or establishing legal lot lines.
(Ord. 2017-6, passed 9-5-2017) Penalty, see § 151.99