Sec. 10-5-131 Fences


(a)     Fences Defined. For the purpose of this Section, a “fence” is herein defined as an enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials, which would constitute a nuisance.

(b)     Fences Categorized. Fences shall be categorized into three (3) classifications:

(1)     Boundary Fence. A fence placed on or within three (3) feet of the property lines of adjacent properties.

(2)     Security Fence. A fence constructed to enclose a hazard to the public health, safety and welfare or to protect goods, products or raw materials. This type of fence is used primarily in industrial and commercial zoning districts.

(3)     Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

 (c)    Placement of Fences Regulated. Fences and walls shall be permitted on lot lines in all yards subject to the following limitations:

(1)     Residential Boundary Fence Height: Fences shall not in any case exceed a height of six (6) feet and shall not exceed a height of four (4) feet in the street yard. and shall not be closer than two (2) feet to any public right-of-way.

(2)     Boundary Fence Location: Fences shall not be closer than 6 inches to a side or rear lot line, except when two owners of adjoining properties agree in writing to a fence being placed on the side or rear shared lot line. In no case shall any fence be closer than 2 feet to any public right-of-way.

(3)     Security Fences: Permitted 6 inches from the property lines in commercial, industrial and agricultural districts, except that they may be allowed on the lot line as provided in subsection 2 above. Security fences shall not exceed ten (10) feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(d)    Prohibited Fences. No fence shall be constructed which is in a dangerous condition, as determined by the Zoning Administrator, or which conducts electricity or is designed to electrically shock or which uses barbed wire, provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten (10) feet above the ground or height and project toward the fenced property and away from any public area.

(e)     Fences to be Repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(f)     Temporary Fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four (4) foot intervals. Such fences shall comply with the setback requirements set forth in this Section. The issuance of a permit shall not be necessary for temporary fences as described herein but said fences shall not be erected for more than forty-five (45) days.