Burkittsville City Zoning Code

SECTION 9

26 An Ordinance Regulating The Erection, Maintenance And Repair Of "Fences," Codified At Burkittsville Code 5.8c Ordinance No 1--2002

Fences Subject to Regulation. The Mayor and Council of the Town of Burkittsville legislate these rules for the erection, maintenance and repair of "Fences." The purpose of this Ordinance is to conform Town law to the most recent Comprehensive Plan and to promote cordial and neighborly relations among Town citizens, See, e.g., Town of Burkittsville, Maryland, Comprehensive Plan, 1996-2016 (1997) at 5, 14-16, 38. As such, this Ordinance outlines the rules for the demarcation of private and public property by reinforcing existing property laws of the State of Maryland.
Fence Rules. When preparing to erect a fence, the following rules shall apply:
1. No permits shall be required for the repair of an existing fence as long as the repair does not alter the existing demarcation line of the fence.
2. The existence of subground post remains shall not be regarded as a fence for the purposes of rule immediately above.
3. It is preferred that fences be located on, or close to, the property line and that fences be of a style acceptable to both adjoining landowners. Town citizens erecting fences are to use historically appropriate fence styles, i.e., picket, plank or other types of fencing made of wood, stone, pagewire, cast iron, etc. See, e.g. Town of Burkittsville, Maryland, Comprehensive Plan, 1996-2000 (1997) at 5.
4. See, also, Section 9.11 ("Exceptions and Modifications").
Fences to be Regulated. Fences may be erected on the front, side and rear yards in all zoning districts. This Ordinance regulates only fences bounding the property line of an Applicant. The term "Applicant" shall include all property owners within the Town, and the Mayor and Town Council when authorizing the erection of fences on Town property.
Applying for a Fence Permit. No fence shall be erected within the Town's jurisdiction prior to the issuance of a Fence Permit by the Burkittsville Planning and Zoning Commission (BP&Z). A Fence Permit Application can be obtained from the Commission's Zoning Administrator. The BP&Z must act on the permit application within 45 days from submission. The application shall include:
1. A signed statement that the Applicant has called "Miss Utility" to confirm the absence of critical infrastructure (electric, cable, telecom) in areas where digging will occur.
2. Confirmation that the line to be fenced has been prominently marked with stakes at intervals of no more than twenty-five (25) feet.
3. A plat of the property to be fenced, with the proposed fence line marked in some color ink other than that of the plat itself.
4. As an act of courtesy, it is recommended that any property owner constructing a fence, consult neighbors affected by the location, visual and height effect, and style.
Execution of Fence Permit. The original (1) and one (1) copy shall be filed with the Zoning Administrator. No fee shall be required for the Fence Permit. The completed Application shall be received by the Zoning Administrator.
1. If the Applicant chooses to locate the fence on the property line, he or she shall file with the Zoning Administrator, a properly-certified survey denoting the property line, or, in the alternative, letters from adjoining property owners confirming an agreed upon boundary.
2. If the property line is in dispute, it will be the responsibility of the Applicant to obtain a properly certified survey at their expense to confirm the location of the improvement.
3. It shall be unlawful for any person to erect or install any electrically charged fence, barbed wire fence (including concertina wire, razor wire, or any similar device), or chain-link fence, except through a variance based on the need to retain farm animals and upon proof that the fence will not be hazardous to life.
4. All fences must be installed with the smooth side or most finished side facing out towards the adjacent property.
Adjoining Landowners. Applicants must certify that adjourning property owners have been duly notified of the proposed fence construction.
Hazards and Obstructions. Fences shall not be of materials or design which would cause physical hazards to pedestrians, nor shall they obstruct the proper vision of vehicular traffic at intersections and crosswalks. All gates to fences permitted under this Ordinance shall open into the Applicant's property. No gate shall be permitted to block or obstruct a Town (public) right-of-way.
Repair and Maintenance. The labor and costs of maintenance and repair of fences shall be assumed by landowners erecting the fence. After sufficient notification to the property owner, fences which encroach upon the Town (public) right-of-way and which prevent Town officials and agents from performing their duties (such as snow removal) or which are not properly maintained, are subject to tear-down and removal at the cost of the property owner.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following "Definitions," are hereby amended:
1. Building. A structure designed primarily for the permanent shelter, support or enclosure of persons, animals, or property of any kind.
2. Environmental Management Administrator. The administrative officer of the Town, otherwise known as the "Zoning Administrator," charged with administering the regulations governing development.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of not to exceed Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for the Town attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.

Burkittsville City Zoning Code

SECTION 9

26 An Ordinance Regulating The Erection, Maintenance And Repair Of "Fences," Codified At Burkittsville Code 5.8c Ordinance No 1--2002

Fences Subject to Regulation. The Mayor and Council of the Town of Burkittsville legislate these rules for the erection, maintenance and repair of "Fences." The purpose of this Ordinance is to conform Town law to the most recent Comprehensive Plan and to promote cordial and neighborly relations among Town citizens, See, e.g., Town of Burkittsville, Maryland, Comprehensive Plan, 1996-2016 (1997) at 5, 14-16, 38. As such, this Ordinance outlines the rules for the demarcation of private and public property by reinforcing existing property laws of the State of Maryland.
Fence Rules. When preparing to erect a fence, the following rules shall apply:
1. No permits shall be required for the repair of an existing fence as long as the repair does not alter the existing demarcation line of the fence.
2. The existence of subground post remains shall not be regarded as a fence for the purposes of rule immediately above.
3. It is preferred that fences be located on, or close to, the property line and that fences be of a style acceptable to both adjoining landowners. Town citizens erecting fences are to use historically appropriate fence styles, i.e., picket, plank or other types of fencing made of wood, stone, pagewire, cast iron, etc. See, e.g. Town of Burkittsville, Maryland, Comprehensive Plan, 1996-2000 (1997) at 5.
4. See, also, Section 9.11 ("Exceptions and Modifications").
Fences to be Regulated. Fences may be erected on the front, side and rear yards in all zoning districts. This Ordinance regulates only fences bounding the property line of an Applicant. The term "Applicant" shall include all property owners within the Town, and the Mayor and Town Council when authorizing the erection of fences on Town property.
Applying for a Fence Permit. No fence shall be erected within the Town's jurisdiction prior to the issuance of a Fence Permit by the Burkittsville Planning and Zoning Commission (BP&Z). A Fence Permit Application can be obtained from the Commission's Zoning Administrator. The BP&Z must act on the permit application within 45 days from submission. The application shall include:
1. A signed statement that the Applicant has called "Miss Utility" to confirm the absence of critical infrastructure (electric, cable, telecom) in areas where digging will occur.
2. Confirmation that the line to be fenced has been prominently marked with stakes at intervals of no more than twenty-five (25) feet.
3. A plat of the property to be fenced, with the proposed fence line marked in some color ink other than that of the plat itself.
4. As an act of courtesy, it is recommended that any property owner constructing a fence, consult neighbors affected by the location, visual and height effect, and style.
Execution of Fence Permit. The original (1) and one (1) copy shall be filed with the Zoning Administrator. No fee shall be required for the Fence Permit. The completed Application shall be received by the Zoning Administrator.
1. If the Applicant chooses to locate the fence on the property line, he or she shall file with the Zoning Administrator, a properly-certified survey denoting the property line, or, in the alternative, letters from adjoining property owners confirming an agreed upon boundary.
2. If the property line is in dispute, it will be the responsibility of the Applicant to obtain a properly certified survey at their expense to confirm the location of the improvement.
3. It shall be unlawful for any person to erect or install any electrically charged fence, barbed wire fence (including concertina wire, razor wire, or any similar device), or chain-link fence, except through a variance based on the need to retain farm animals and upon proof that the fence will not be hazardous to life.
4. All fences must be installed with the smooth side or most finished side facing out towards the adjacent property.
Adjoining Landowners. Applicants must certify that adjourning property owners have been duly notified of the proposed fence construction.
Hazards and Obstructions. Fences shall not be of materials or design which would cause physical hazards to pedestrians, nor shall they obstruct the proper vision of vehicular traffic at intersections and crosswalks. All gates to fences permitted under this Ordinance shall open into the Applicant's property. No gate shall be permitted to block or obstruct a Town (public) right-of-way.
Repair and Maintenance. The labor and costs of maintenance and repair of fences shall be assumed by landowners erecting the fence. After sufficient notification to the property owner, fences which encroach upon the Town (public) right-of-way and which prevent Town officials and agents from performing their duties (such as snow removal) or which are not properly maintained, are subject to tear-down and removal at the cost of the property owner.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following "Definitions," are hereby amended:
1. Building. A structure designed primarily for the permanent shelter, support or enclosure of persons, animals, or property of any kind.
2. Environmental Management Administrator. The administrative officer of the Town, otherwise known as the "Zoning Administrator," charged with administering the regulations governing development.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of not to exceed Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for the Town attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.

Burkittsville City Zoning Code

SECTION 9

26 An Ordinance Regulating The Erection, Maintenance And Repair Of "Fences," Codified At Burkittsville Code 5.8c Ordinance No 1--2002

Fences Subject to Regulation. The Mayor and Council of the Town of Burkittsville legislate these rules for the erection, maintenance and repair of "Fences." The purpose of this Ordinance is to conform Town law to the most recent Comprehensive Plan and to promote cordial and neighborly relations among Town citizens, See, e.g., Town of Burkittsville, Maryland, Comprehensive Plan, 1996-2016 (1997) at 5, 14-16, 38. As such, this Ordinance outlines the rules for the demarcation of private and public property by reinforcing existing property laws of the State of Maryland.
Fence Rules. When preparing to erect a fence, the following rules shall apply:
1. No permits shall be required for the repair of an existing fence as long as the repair does not alter the existing demarcation line of the fence.
2. The existence of subground post remains shall not be regarded as a fence for the purposes of rule immediately above.
3. It is preferred that fences be located on, or close to, the property line and that fences be of a style acceptable to both adjoining landowners. Town citizens erecting fences are to use historically appropriate fence styles, i.e., picket, plank or other types of fencing made of wood, stone, pagewire, cast iron, etc. See, e.g. Town of Burkittsville, Maryland, Comprehensive Plan, 1996-2000 (1997) at 5.
4. See, also, Section 9.11 ("Exceptions and Modifications").
Fences to be Regulated. Fences may be erected on the front, side and rear yards in all zoning districts. This Ordinance regulates only fences bounding the property line of an Applicant. The term "Applicant" shall include all property owners within the Town, and the Mayor and Town Council when authorizing the erection of fences on Town property.
Applying for a Fence Permit. No fence shall be erected within the Town's jurisdiction prior to the issuance of a Fence Permit by the Burkittsville Planning and Zoning Commission (BP&Z). A Fence Permit Application can be obtained from the Commission's Zoning Administrator. The BP&Z must act on the permit application within 45 days from submission. The application shall include:
1. A signed statement that the Applicant has called "Miss Utility" to confirm the absence of critical infrastructure (electric, cable, telecom) in areas where digging will occur.
2. Confirmation that the line to be fenced has been prominently marked with stakes at intervals of no more than twenty-five (25) feet.
3. A plat of the property to be fenced, with the proposed fence line marked in some color ink other than that of the plat itself.
4. As an act of courtesy, it is recommended that any property owner constructing a fence, consult neighbors affected by the location, visual and height effect, and style.
Execution of Fence Permit. The original (1) and one (1) copy shall be filed with the Zoning Administrator. No fee shall be required for the Fence Permit. The completed Application shall be received by the Zoning Administrator.
1. If the Applicant chooses to locate the fence on the property line, he or she shall file with the Zoning Administrator, a properly-certified survey denoting the property line, or, in the alternative, letters from adjoining property owners confirming an agreed upon boundary.
2. If the property line is in dispute, it will be the responsibility of the Applicant to obtain a properly certified survey at their expense to confirm the location of the improvement.
3. It shall be unlawful for any person to erect or install any electrically charged fence, barbed wire fence (including concertina wire, razor wire, or any similar device), or chain-link fence, except through a variance based on the need to retain farm animals and upon proof that the fence will not be hazardous to life.
4. All fences must be installed with the smooth side or most finished side facing out towards the adjacent property.
Adjoining Landowners. Applicants must certify that adjourning property owners have been duly notified of the proposed fence construction.
Hazards and Obstructions. Fences shall not be of materials or design which would cause physical hazards to pedestrians, nor shall they obstruct the proper vision of vehicular traffic at intersections and crosswalks. All gates to fences permitted under this Ordinance shall open into the Applicant's property. No gate shall be permitted to block or obstruct a Town (public) right-of-way.
Repair and Maintenance. The labor and costs of maintenance and repair of fences shall be assumed by landowners erecting the fence. After sufficient notification to the property owner, fences which encroach upon the Town (public) right-of-way and which prevent Town officials and agents from performing their duties (such as snow removal) or which are not properly maintained, are subject to tear-down and removal at the cost of the property owner.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following "Definitions," are hereby amended:
1. Building. A structure designed primarily for the permanent shelter, support or enclosure of persons, animals, or property of any kind.
2. Environmental Management Administrator. The administrative officer of the Town, otherwise known as the "Zoning Administrator," charged with administering the regulations governing development.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of not to exceed Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for the Town attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.