Fence Regulations

FENCE REGULATIONS

(Revised November 1989; revised May 2003; revised November 29, 2004)

PART I

(1) Legislative Purpose. The Section 5 Concept is to establish and maintain substantial open space around structures for generous light, air, convenience of access, safety from fire and the enhancement of property values. Owners and occupants are encouraged to maintain their lawns, trees, shrubs and flowers, to achieve desired lot definition and privacy and to avoid the division of open areas by artificial means such as the use of fences.

(2) Prohibition. No fence or wall, other than a retaining wall shall be constructed in Section 5, except as hereinafter provided.

(3) Exceptions. The following fences may be constructed provided that they are in compliance with subsections (4), (5) and (6).

(a). A fence required under swimming pool or tennis court ordinances, which is part of an approved swimming pool or tennis court site plan.

(b). A natural wooden fence, not over six feet high, designed to provide privacy, a chain link fence without barbs, or decorative iron fence not in excess of four feet in height, a brick or stone wall not in excess of four feet in height, provided a building permit is obtained from the Building Inspector and such structure or fence is not located to front of the front foundation line of the house. The height of the fence shall be measured from ground level at its natural slope.

(c). A fence required of business or industry for screening purposes under other sections of the Municipal Code.

(d). One (1) Pet Enclosure not in excess of 100 square feet. Such enclosure shall be in the rear yard and not closer than 10 feet to the lot line.

(e). A fence situated on a corner lot where the resident can show the fence is necessary for the reasonable use of the property.

(f). Individuals residing on property fronting on a state highway may apply for an exception from the restriction of fences to the front of the front foundation line of the house. Such requests must show a necessity for the requested exception and be approved by the Council. In the event the Council decides to grant an exception under this provision or under paragraph (e) of this subsection, subsection 4 of this ordinance (Appearance of Exceptions) shall apply.

(4) Appearance of Exceptions. Any fence permitted under subsection

(3) shall:

(a). Be constructed with both sides finished; harmony with the principal and neighboring structures;

(b). Be of such construction type and material, and use suitable camouflage such as shrubs, as to promote (c). Promote vehicular, pedestrian, and general safety; and

(d). Be consistent with legislative purpose of this ordinance.

(5). Permit Required. No person shall erect, construct, alter, replace or enlarge a fence or wall without obtaining a permit from the Building Inspector. Every application for a fence shall be accompanied by a site plan and by a picture or drawing of the proposed fence (both sides). The permit fee shall be $2.00. The applicant shall also provide notice of the application to abutting property owners by delivery of a copy of the application to them. The Building Inspector shall approve applications for permits where they are consistent with the provisions of this Section. Applications seeking a permit under the provisions of Section 3(e) shall be presented to the Council by the Inspector.

(6). Maintenance. In order to protect the residents of Section 5, fences shall be kept and maintained in good, sound and presentable condition at all times. Fences not so maintained shall be removed upon order of the Building Inspector. The order shall provide 20 days minimum for such removal. Such orders shall be appealable to the Council.

(7). Appeals. Any applicant aggrieved by a decision of the Building Inspector with respect to a fence application may appeal that decision to the Council. Appeals must be received by the Chairman within 14 days after the applicant receives notice of the Inspector=s decision. The appeal shall contain the reasons why the Council should reverse the decision of the Inspector.

Upon receipt of the appeal, it will be distributed to the Council and thereafter the Council may assign one of its members to investigate and seek to resolve the matter or schedule the matter for consideration at a regular Council meeting or both.

(8). Non-complying Fences. Any condition existing prior to November 1989, the date of enactment of the Section 5 fence ordinance, that is in violation of this section, may continue to exist. This exception shall not apply if more that fifty (50) percent of the fence is to be repaired at any one time. In that event the fence must be brought into compliance with this section.

PART II.

All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

PART III.

This ordinance shall take effect and be in force from and after its passage and publication.