§ 7.02.04. Fencing standards.

(a)

Purpose. The purpose of this section is to regulate the types of materials used to construct and install fences, walls and posts, and the location, height and maintenance of fences, walls and posts to promote consistent, uniform construction and installation, and to prevent the existence of nuisances within the town. In all land use districts, fences, walls and posts are permitted only as set forth in this section.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fence means a freestanding structure of minimal thickness designed to prevent ingress and egress across a property boundary line.

Gate means a point of entry or passage to a space that is enclosed by a fence or wall.

Post means any stake of material that is set upright into the ground to serve as a marker or support of a fence or wall.

Wall means a solid structure of more than minimal thickness designed to prevent ingress and egress across a property boundary line.

(c)

Applicability. The requirements of this section shall apply to all fences, walls and posts equal to or exceeding 30 inches in height, constructed and installed in all land use districts within the town. Construction of fences that protect construction sites, equipment enclosures, pool enclosures and sediment fencing are not subject to this section. Refer to other provisions of the Code of Ordinances regarding construction of these fences and enclosures.

(d)

Permit required. No fence, wall or post shall be installed without first obtaining a permit from the town. Each application for a permit shall be accompanied by the fee set forth in the town's fee directory.

(e)

Standards.

(1)

Materials. The types of acceptable materials for the construction and installation of fences, walls and posts shall include wood, stone, preformed concrete block, concrete, brick, wrought iron, aluminum, stucco, plastic, chain link and wire mesh, except that wire mesh or chain link fencing shall not be permitted within required front yard setbacks.

(2)

Location. No fence, wall or post shall be located on town property. Fences may only be located on private property in front, side, rear and corner yard setbacks.

(3)

Maximum height. The maximum height of any fence, wall or post shall be the following:

a.

The height of a fence or wall or combination thereof, shall be measured from the lowest grade within three feet on both sides of the fence or wall. If a fence or wall is built on top of a berm or retaining wall, then the combined height of the fence or wall and berm or retaining wall must not exceed the allowable fence height.

b.

Fences or walls within the portion or portions of the lot or parcel between the right-of-way and the building shall have a maximum height of 48 inches. All other fences or walls (i.e., side yard and rear yard) shall have a maximum height of 72 inches.

c.

A wall or a fence between residential properties and nonresidential properties shall have a maximum height of 96 inches.

d.

Posts shall not exceed a wall or fence height by more than 24 inches including a light fixture and/or all decoration elements., with a minimum distance of six feet, centerline to centerline, between each post. Each post can be a maximum of 30 inches by 30 inches in width. The posts of each fence must be resistant to decay, corrosion and termite infestation. The posts must also be pressure-treated for strength and endurance.

e.

Gates shall be no higher the 60 inches from the ground and the highest point on the gate, including its decorative elements. Gates shall not exceed the height of the adjoining wall or fence by more than 12 inches and no more than 60 inches from the ground in the front yard. Maximum height of a gate in the side and rear yard is to match the fence height. Any gate attached to a fence that is required to be 48 inches or less is required to be 50 percent transparent.

f.

In areas where the property faces two roadways or is located in any other area constructed to be a corner lot or parcel, no fence higher than 24 inches shall be located in the vision triangle (See section 6.02.04(h)).

g.

Security fences shall have a minimum height of 72 inches around any gas, water and sewer substation, treatment plants, and sub-stations and cell towers.

(4)

Orientation and configuration.

a.

All fences, walls or posts shall be constructed and installed so as to locate visible supports and other structural components toward the subject property. Any fence, wall or post located adjacent to a public right-of-way or private road shall also be placed with the finished side facing that right-of-way.

b.

Gates must open in a manner so as to not cross a public right-of-way or property line.

(5)

Maintenance. All fences, walls or posts shall be maintained in a structurally sound and attractive manner, as determined by the town manager or his designee.

(f)

Safety and protection of a hazard. A fence required for safety and protection of a hazard by a public agency is subject to height limitations set forth in subsection (e)(3) of this section, however approval to exceed height standards may be given by the town manager upon receipt of satisfactory evidence of the need to exceed height standards.

(g)

Chainlink fences in residential land use districts. In any residential land use district, all chainlink fences shall be installed with the pointed ends to the ground. No electrically charged wire fence shall be erected in any residential land use district. No barbed wire fence shall be erected in any residential land use district, except for security of public utilities, provided such use is limited to three strands, a minimum of 72 inches above the ground.

(h)

No interference with drainage. No fence or wall shall be constructed or installed in such a manner as to interfere with drainage on the site.

(i)

Enforcement. Enforcement of this section shall be through code enforcement procedures.

(j)

Nonconforming fences, walls and posts. Fences, walls and posts in existence at the time of adoption of this section, but not in compliance with this section, shall be considered legal nonconforming uses as long as they are maintained in a structurally sound and an attractive manner and may be repaired, improved, or replaced as long as the action does not increase the nonconforming situation or does not result in a new nonconforming situation.

(Ord. No. 2016-01, § 17, 7-12-2016)