Fences, hedges and walls may be permitted in the required yard areas of any district subject to the following conditions and requirements.
(A) All fences and walls are subject to the applicable sections of the Building Code.
(B) No fence, hedge or wall may extend beyond or across a property line unless with the joint agreement of the abutting property owners. It shall be the responsibility of the property owner to locate all property lines.
(C) No fence, hedge or wall shall be placed outside of the property boundary lines or nearer than 12 inches from a public sidewalk.
(D) No barbed wire, sharp-pointed or electrically charged fence shall be permitted, with the exception of the ER and RR zones and that in the industrial zones only, up to three strands of barbed wire may be attached to the top of a minimum six foot high fence, for security purposes.
(E) Fences, hedges or walls shall not exceed six feet six inches in height except in the Industrial Districts. The height shall be measured at the finished grade on the side of the fence nearest the street, alley or abutting property. A property owner desiring to install a fence taller than six feet six inches may apply for a variance pursuant to § 153.043(L).
(F) Fences located within the required front yard setback shall not exceed four feet in height. In addition, on corner lots, any obstruction of any nature whatsoever over 30 inches in height shall not be allowed within the height triangle established for the adjacent intersection except for trees with branches and foliage removed to a height of seven feet above the ground and open wire fencing that does not obscure more than 10%.
(H) Barbed wire fences along public streets are prohibited.
(I) No person shall construct or maintain, or cause to be constructed or maintained, any barbed wire fence upon or along any public street or upon or along any boundary line of any such street or in any manner next to any such street for the purpose of enclosing any private grounds or premises or public ground or for nay other purpose whatever, except in the ER and RR zones.
(J) No fence shall be constructed out of T-posts or other farm posts except in the ER, RR and Conservation Districts.
(K) The use of chicken wire, wafer, particle board, plywood, metal sheeting, corrugated metal, roofing metal and plastic mesh as fencing material is prohibited, except in construction with a construction project where a temporary fence permit may be issued by the Zoning Manager for the safety and protection of the public.
(L) Fences that are constructed to protect vital public facilities, such as water treatment plants, water storage and water works, may be exempt from this section by the authority of the Zoning Manager.
(M) All fences shall be constructed in a professional, quality workmanlike manner. The Town Manager is hereby authorized to set minimum standards for construction and materials will be a condition of the building permit.
(N) (1) In case such fence shall have been constructed before, and be in existence at the time of the passage of this chapter, the owner of said fence shall not be liable until notice is given or served by the town.
(2) Such notice may be oral or written and may be given or served by the Manager or any police officer of the town. Said notice shall notify the person served, or the person to whom the notice shall be given, to remove such fence and thereby abate the nuisance.
(3) Such notice, when written, shall be signed by the Manager or any police officer of the town.
(4) Such notice shall direct that the fence be removed with 30 days, but this provision shall not be deemed to apply in the case of a person constructing or causing to be constructed any such fence after the taking effect of this chapter and under the requirements of this chapter.
(Ord. 2-98, passed 4-22-1998; Ord. 20-2016, passed 10-26-2016) Penalty, see § 153.999