Elmer City Zoning Code
§ 25-18.2
Fences and Walls.
[Ord. No. 79-4 § 3.9; Ord. No. 2015-16]
a.
General Regulations.
1.
No fences may be erected within the municipality without the owner of the premises or his representative, authorized in writing to make such application, first obtaining a zoning permit from the Zoning Officer.
2.
Application for such fences shall be made in writing to the Zoning Officer, upon a form prescribed by the Zoning Officer setting forth the following information:
(a)
The owner and address of the premises where the fence is to be erected.
(b)
A description and specifications of the fence, including size, height, dimensions, material and size and percentage of opening.
(c)
A sketch or plan of the fence.
(d)
A certified plot plan or survey of the premises in question, which shall show streets abutting and the nearest intersection, and shall further indicate the location of structures within 10 feet of the fence. The Zoning Officer shall be permitted to issue a permit without a plan or survey where the applicant is able to satisfactorily demonstrate the location of the property markers on the premises.
3.
The fee for such permit, if any, shall be as provided in the Borough of Elmer fee schedule.
4.
Any existing deed restrictions shall not be superseded by this section.
b.
Fences and walls may be erected, altered or reconstructed in accordance with the following regulations:
1.
Fences must not encroach upon public rights-of-way or adjacent properties.
2.
All fences must be erected within the property line.
3.
All fencing must be in conformance with the requirements for visibility at intersections and driveways listed in Subsection 25-18.4.
4.
Fences not exceeding four feet in height above ground level may be erected between the building line and the road, street and/or right-of-way.
5.
Fences not exceeding six feet in height above the ground level may be erected between the front building line to the side property lines and to the rear of the property, unless the fence is otherwise permitted in this section.
6.
Where a neighboring residential structure is situated within six feet of the proposed fence, fences not exceeding the height equal to the distance that the bottom of the lowest first story window on the neighboring residential structure is situated from the ground may be erected along the length of the residential structure.
7.
The maximum height must be measured from the natural grade of the land.
8.
Fences which need to exceed the height (tennis courts, swimming pools, dog runs, etc.) must meet the required yard setbacks. Security fences around commercial, industrial or institutional uses shall not exceed 10 feet.
9.
Corner lots. Notwithstanding any provision in this Subsection b, any lot abutting at least two roads, streets and/or rights-of-way shall further conform to the following regulations.
(a)
Fences not exceeding six feet in height above ground level may be erected no closer to the road, street and/or right-of-way than a parallel line running from the corner of the dwelling that is closest to said road, street and/or right-of-way to the rear lot line.
c.
Construction. All fences shall be constructed in accordance with the following standards:
1.
All fences must be permanent construction and shall withstand a wind load of fifteen (15 lbs.) pounds per square foot.
2.
All fences must be installed with the side where the supporting posts or poles are most visible facing the inside or towards the lot the fence is erected on. The side where the supporting posts or poles is least visible and is the most finished must face the outside or adjoining lots or the public right-of-way.
3.
Fences must not be erected of barbed wire, topped with metal spikes, nor constructed in any manner which may be dangerous to persons or animals except that these provisions shall not apply to a farm, and except further that fences around commercial and industrial uses may be topped by a protective wire barrier.
4.
Fences must be one color, harmonious with the surrounding area.
5.
All fences must be maintained in sound condition. Whenever a fence or portion thereof is determined to be structurally unsafe, the Property Maintenance Officer shall order the owner in writing to repair the fence or remove it within 10 days or be subject to the penalties stipulated in this subsection.
d.
For a violation of any provision of this subsection, the maximum penalty upon conviction of said violation shall be one or more of the following: A fine not exceeding $1,000. Each day in which a violation of this subsection exists shall constitute a separate and distinct violation. Any person who is convicted of violating this subsection within one year of the date of the previous violation of the same subsection, and who was fined for the previous violation, shall be sentenced by a Court to an additional fine as a repeat offender. The additional fine imposed by the Court for the repeated offense shall not be less than the fine imposed for the previous offense.