Manchester City Zoning Code
ARTICLE XII
Supplementary Regulations - Fence Regulations
Section 405.600 Definitions.
[Ord. No. 99-1145 Art. 6 §7(7.1), 9-20-1999; Ord. No. 09-1956 §1, 10-19-2009]
For the purposes of this Article, certain terms and words are hereby defined as follows:
An enclosure or barrier such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees or other natural growth. Such enclosure or barrier shall not include those wire fences used for seasonal purposes around garden or compost plots permitted only in rear yards. Such exemption shall not preclude said garden barrier from being built in a workman-like manner or being used to enclose over fifty percent (50%) of a rear yard.
The vertical distance measured from the side of the fence that is exterior to the property and/or from the lowest adjacent ground level to the top of the fence material. In the case of wire fencing, height shall be measured by the width of the material used providing that when installed the material is directly adjacent to the ground level.
A barbed fence, a fence with spikes, other sharp points or a razor blade fence.
A fence whose principal material is wire. This includes, but is not limited to, chain link fences.
Section 405.610 Fence Types and Height in Residential Zoning Districts.
[Ord. No. 99-1145 Art. 6 §7(7.2), 9-20-1999]
A.
Fences shall not exceed six (6) feet in height except as may be approved by the Planning and Zoning Commission or pursuant to a special use permit granted by the Board of Aldermen under the terms of Article X, Special Uses. Fences or a landscaped screen on corner lots shall not be built to obstruct driver vision from passing automobiles. Fences cannot be constructed in front of a building; however, on side and rear yards the fence may be constructed on the property lines. On a corner lot, a fence may not extend beyond the building line on either side of the yards adjacent to the two (2) streets and may not encroach upon the sight distance triangle as defined in Section 405.060 of this Code.
[Ord. No. 16-2141 §1, 4-18-2016]
B.
Any fence must be constructed in a workmanship-like manner so that the horizontal and vertical support posts are inside of the fence area or hidden from both the neighbor's and general public's view.
C.
All exposed steel except the galvanized metal fences shall have a colored finish coat applied to them and be preserved against rust and corrosion.
D.
Customary fencing around tennis courts and other recreational amenities shall be exempt from height restrictions but shall comply in all other respects with the terms of this Article.
E.
Fences for pools shall meet the requirements of this Article as well as all other applicable regulations of the City of Manchester.
Section 405.620 Design and Maintenance.
[Ord. No. 99-1145 Art. 6 §7(7.3), 9-20-1999]
A.
All fences shall be maintained in their original upright condition.
B.
Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed.
C.
Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.
Section 405.630 Prohibited Fences.
[Ord. No. 99-1145 Art. 6 §7(7.4), 9-20-1999]
A.
The following fences are prohibited in all zoning districts of the City except as may be approved by the Planning and Zoning Commission in the manner herein prescribed:
1.
Fences exceeding a height of six (6) feet.
2.
Fences erected within the front yard as defined in this Article except that this prohibition shall not apply to a fence of a cemetery operated by a not-for-profit organization provided that no such fence may be erected within twelve (12) feet of the edge of right-of-way of such front yard, nor shall such prohibition apply to a fence within the "H" Historic District provided such shall have been first approved by the Planning and Zoning Commission with regard to height, location (except that such may not be located within an established right-of-way), style, design, color and the like, deference being given by the Commission to the suggested Historic District Fencing Recommendation of Harland Bartholemew and Associates, Inc. of September 2, 1994, a copy of which is on file in the office of the Building Official, effort being made by the Commission to permit only such fences as shall be generally compatible with the fences constructed in the "H" Historic District along Manchester Road by the City of Manchester.
4.
No more than two (2) different types of fencing material (wood and chain link or two (2) types of wood) are permitted.
5.
No person shall erect or maintain any division fence or screen, in whole or in part, of cloth, canvas or other like material.
6.
No person shall permit any fence erected or maintained on premises owned, occupied or leased by him/her to be used for advertising purposes, except for a small advertising placard stating the contractor who installed the fence.
Section 405.640 Permit Required.
[Ord. No. 99-1145 Art. 6 §7(7.5), 9-20-1999]
No fence in the City shall be erected, modified or changed in any manner without first filing an application with and receiving a permit from the Building Official or his/her designated representative for such a fence. Such application shall be filed upon forms provided by the City and shall clearly show the type of fence to be erected, modified or changed, the material to be used and the placement location.