(A) No person shall construct any fence on an area in the town to a height greater than eight feet above the ground level, or construct on such area a fence to a height greater than three feet between the front building line, where set by ordinance, and the street. Chain link, wire mesh or similar types of transparent fences may be constructed to a height no greater than three feet between the front building line, where set by ordinance, and the street. Where a through lot has two front building lines by definition, this division (A) shall be construed to refer only to the side of the lot actually used as the front yard. On through corner lots, a sight triangle shall be maintained.
(B) No person shall erect or maintain anywhere in the town a fence equipped with or having barbed wire, spikes or any similar device, or any electrical charge sufficient to cause shock, nor shall any such electrical or barbed fence be erected or maintained in any area of the town.
(C) (1) Circumstances justifying an exception to the requirements. The Building Commissioner, upon application made by the property owner or representative thereof, may grant a permit for the construction of a fence which does not conform to the requirements set forth in divisions (A) and (B) above for fences the town, if the Building Commissioner finds that the deviation from those requirements is necessary to address either of the following circumstances:
(a) The condition or the nature of the improvements located upon the property pose a significant, demonstrable hazard to children and other members of the public, including, but not limited to, public utility stations, freestanding telecommunication towers, transmission towers and public swimming pools; or
(b) The property has experienced a chronic problem with repeated occurrences of trespassing or other criminal activity as verified in writing by the Town Marshal.
(2) Application for a fence permit. The application for said permit shall be submitted on a form provided by the Building Commissioner, and shall include the following:
(a) A legal description of the area that will be surrounded or bordered by the proposed fence;
(b) A site plan showing the location of the proposed fence on the property;
(c) A drawing or other representation of the appearance of the proposed fence which specifies the materials used in the construction and the height of the fence and particular features of the fence which do not otherwise comply with the requirements of divisions (A) or (B) above; and
(d) A statement or statements which articulate why the variation should be granted.
(3) Decision of the Building Commissioner. The Building Commissioner shall approve or deny the application for residential fence permit and shall notify the applicant of the decision in writing within 30 days of the date of any application which satisfies the requirements set forth in division (C)(2) above. Failure of the Building Commissioner to render a decision in writing within the 30 days prescribed above shall be construed as a denial of the application.
(4) Appeal. The property owner may appeal any denial to the Planning Commission by submitting a written request to the Building Commissioner within ten days of the denial of the permit. The Planning Commission shall schedule the matter for hearing within 15 days and upon conclusion of such hearing shall make its recommendation to the Town Council as to whether to grant or deny such application for permit.
(Ord. 2014-5, passed 6-3-2014) Penalty, see § 10.99