§ 265-12.2. Fences on properties aubtting residential districts or residences or used for nonresidential purposes.  


Latest version.
  • A. 
    Every owner, lessee and/or occupant of property in any business district shall erect and maintain a fence, finished on both sides, across each property line abutting a residential district. Such fence shall be eight feet in height, except that where it continues to a property line perpendicular to and abutting a public sidewalk or walkway used by the public, the fence shall be three feet in height from such property line for a distance of 25 feet. Such three-foot fence shall be connected to the eight-foot fence by a four-foot-wide section of fence rising at an angle from the three-foot fence to the eight-foot fence.
    B. 
    Every owner, lessee and/or occupant of property on which is situated and which is being used as a place of public assembly shall erect and maintain a fence, finished on both sides, across each property line abutting a property on which is situated and which is being used as a residence. Such fence shall be eight feet in height, except that where it continues to a property line perpendicular to and abutting a public sidewalk or walkway used by the public, the fence shall be three feet in height from such property line for a distance of 25 feet. Such three-foot fence shall be connected to the eight-foot fence by a four-foot-wide section of fence rising at an angle from the three-foot fence to the eight-foot fence.
    C. 
    Every owner, lessee and/or occupant of property in any residential district which is being used either wholly or partially as a nonresidential use, except a use permitted by § 265-33A shall erect and maintain a fence, finished on both sides, across each property line abutting a property on which is situated and which is being used as a residence. Such fence shall be eight feet in height, except that where it continues to a property line perpendicular to and abutting a public sidewalk or walkway used by the public, the fence shall be three feet in height for a distance of 25 feet. Such three-foot fence shall be connected to the eight-foot fence by a four-foot-wide section of fence rising at an angle from the three-foot fence to the eight-foot fence.
    D. 
    The requirements of Subsections B and C herein shall not be applicable where such abutting properties are owned by the same person or entity.
    E. 
    Anything herein to the contrary notwithstanding, a fence on the front yard of any property shall not exceed three feet in height.
    F. 
    Anything herein to the contrary notwithstanding, the maximum height of a fence on any property shall be measured from the lowest elevation level of the property line along which it is installed.
    G. 
    Anything herein to the contrary notwithstanding, the top of any section of a fence shall be level with the top of every other section of fence of the same height.
Added 12-6-1999 by L.L. No. 15-1999; amended 6-4-2001 by L.L. No. 2-2001