(A) Intent. This section regulates fences located between the property line and the setback line on any lot. Fences elsewhere on the property (for example, an outdoor shower privacy screen) are considered part of the primary or accessory structure and are not regulated by this section. The intent of this section is to ensure that physical boundaries between properties do not interfere significantly with visibility or air movement on adjoining properties.
(B) Fences.
(1) Maximum fence height shall be measured from grade at any given point along the span of a fence. Maximum permitted height of fences shall be as follows:
(a) Fences constructed adjacent to any street right-of-way from which there is vehicular access to a lot shall not exceed four feet in height.
(b) Fences located within the front yard setback of a lot shall not exceed four feet in height.
(c) Fences not restricted as set forth in sections (a) or (b) above shall not exceed six feet in height, except in the C-1, C-2, C-3, and C-4 zoning districts, where fences shall not exceed eight feet in height or in the R-1 and R-2 zoning districts along a property line that abuts the C-1, C-2, or C-3 zoning district.
(d) Fences located within the triangular area as stated in subsection (C) of a corner lot shall not exceed three feet in height.
(e) Permitted nonconforming fences in existence adjacent to Causeway Drive as defined herein on the date of adoption of this Ordinance may be removed and rebuilt to their height as of the date of adoption of this Ordinance, but in no event to exceed six feet in height. The provisions of this subsection (e) shall only apply to permitted nonconforming fences located on property occupied by a permitted or permitted nonconforming multiple dwelling. The provisions of this subsection (e) shall apply to property adjacent to Causeway Drive extending from the western side of the bridge crossing Banks Channel westwardly to the intersection of Causeway Drive with the eastern line of Seacrest Drive.
(2) No person shall undertake construction of a fence without first acquiring a permit from the town. Applications for construction of fences shall be submitted on forms prepared by the UDO Administrator and shall include a site plan showing the location of the fence, the proposed distance from any property line, the proposed height and a cross section of the fence. Corner lots shall indicate compliance with subsection (C). All fences must comply with the town's floodplain ordinances, the North Carolina State Building Code and any applicable wind load requirements.
(3) This section shall not supersede any buffering or fencing requirements established by this Ordinance.
(4) No chain link fences are allowed in the R-1 and R-2 districts.
(Ord. 1695, passed 11-8-12; Am. Ord. 1775, passed 4-12-18; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1861, passed 9-12-24)