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Sec. 5-33. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fence means a physical barrier erected upon or near the dividing line between adjoining properties or properties and public easements, alleys, sidewalks, service drives, freeways, streets or similar public land for the purpose of separating, screening and/or protecting property or chattel.
Major repair means replacement of more than one-fourth of an existing fence, a change in height, or relocation on the property.
(Code 1970, § 5-52; Res. No. 97-07, § 1-2, 1-7-1997)
Sec. 5-34. - Standards.#
The following standards shall apply to the construction and maintenance of fences: (1)
All fences shall be maintained in a workmanlike condition having no breaks, jagged or sharp edges, holes or other defects. Fences shall be properly surface-coated to protect against the elements and maintained straight and plumb.
(2)
Fences shall be freestanding and shall not be attached to another fence or unstable means of support. Fences shall be erected on a series of fence posts spaced so as to provide proper support to the fencing material. In no case shall the distance between fence posts exceed ten feet. Fence posts shall be embedded below grade to a depth and manner which, in the opinion of the building official, provide proper means of support for the type of fence constructed. Local soil and subsurface conditions, including, but not limited to, the existence of a ledge, shall be taken into consideration by the building official when determining proper depth.
(3)
No fence shall be erected in the required front yard space, except for the following:
a.
Residential properties designed as corner lots may erect a fence in the front yard space in the corner side yard, to a point ending at the street right-of-way line. Such fences may not exceed a height of 3½ feet within 15 feet of a corner. Fences erected under this subsection must not impede traffic sight lines;
b.
Residential properties not designated as a corner lot may erect a fence parallel to the front yard line in the front yard space. Such fencing shall not obstruct traffic sight lines.
(4)
Fence posts shall be installed on the applicant's interior side of the lot, with the finished portion of any fence facing outward.
(5)
Any fence lawfully erected prior to January 1, 1970, shall be deemed lawfully nonconforming and allowed to remain until such time as it is damaged beyond reasonable repair, destroyed or removed.
(6)
No fence shall be electrically charged or contain barbed wire, unless otherwise permitted by the zoning appendix.
(7)
Fences shall not eliminate or interfere with parking, or otherwise interfere with traffic or become a hazard or nuisance in any manner.
(8)
Fences shall not exceed eight feet in height in all residential zones and ten feet in height in B, CI, and BP zones provided however, that a fence in excess of eight in residential zones or ten in B, CI, and BP zones may be approved with the granting of a dimensional variance by the zoning board of review.
(9)
Fences utilized as an animal enclosure, such as a kennel, shall be at least ten feet from all adjoining property lines.
(Code 1970, § 5-55; Res. No. 97-07, § 1-5, 1-7-1997; Ord. No. 2007-18, 10-16-2007; Ord. No. 2018-11, 4-24-2018; Ord. No. 2023-14, 5-2-2023; Ord. No. 2025-7, 9-2-2025)
Sec. 5-35. - Fencing on town property requires consent of town council.#
No fence shall be erected on any easement, alley, roadway, sidewalk or other public property without the consent of the town council.
(Code 1970, § 5-56; Res. No. 97-07, § 1-6, 1-7-1997)
Sec. 5-36. - Nuisance fences.#
(a)
Fences that are dilapidated, dangerous, blighting, or constructed or maintained in violation of this article or that otherwise create a nuisance or danger to the public are declared to be a nuisance per se and as such, may be removed by the town upon notification to the property owners on all sides of the fence by the building official.
(b)
Notification shall provide a minimum two weeks' notice, unless the fence presents an immediate danger or hazard, in which event, the fence shall be subject to immediate removal at the direction of the town building official.
(c)
If a fence is declared a nuisance and is not removed by the owner of the fence within two weeks of notification, then the town shall remove the fence and the expenses of removal shall constitute a lien against the property and property owner involved.
(Code 1970, § 5-57; Res. No. 97-07, § 1-7, 1-7-1997)
Sec. 5-37. - Maintenance responsibility.#
Maintenance of fences in conjunction with this article shall be the responsibility of the property owner who caused the fence to be erected or upon whose land the fence is situated. In the event there is no clear determination of ownership for fences situated on or immediately adjacent to a property line, responsibility shall be equally attached to all property owners on said boundary lines.
(Code 1970, § 5-58; Res. No. 97-07, § 1-8, 1-7-1997)
Sec. 5-38. - Appeal.#
Appeals from the enforcement of this article and the decision of the building official shall be made to the town engineer or his designee, whose decision shall be final and binding. In the event that there is no town engineer at the time of appeal, the appeal shall be to the zoning board of review as provided in section 25.1 of the zoning ordinance in Appendix A to this Code.
(Code 1970, § 5-59; Res. No. 97-07, § 1-9, 1-7-1997)
Sec. 5-39. - Temporary fencing.#
Nothing in this article shall prohibit the erection of temporary fencing on private property to protect demolition and construction sites, public property or nuisance areas, provided said fencing meets with the approval of the building official or town engineer.
(Code 1970, § 5-60; Res. No. 97-07, § 1-10, 1-7-1997)
Sec. 5-40. - Penalties.#
Actions for violation of this article shall be filed by the building official or his authorized agent in municipal court. Violations are punishable by a fine of not less than $50.00 nor more than $500.00 per violation, as determined appropriate by the court.
(Code 1970, § 5-62; Res. No. 97-07, § 1-12, 1-7-1997)