Agricultural fence means a structure designed and constructed to enclose and protect agricultural activities, including poultry (such as chickens, ducks, and turkeys), and hogs, goats, horses, etc. within a designated area, constructed of galvanized wire, welded wire mesh, hog wire, or similar materials.

Fence means any structure regardless of composition that is erected or maintained for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions. Exception: A living fence.

Fence height means the distance from the existing grade to the top of the fence.

Living fence means a fence where shrubbery or other living plants are the main source of the separation.

Canvas/cloth fence means a temporary or semi-permanent barrier composed of canvas, cloth, or similar fabric material, designed to provide privacy, shade, windbreak, or aesthetic enhancement. Canvas fences are typically supported by posts or frames.

Electrically charged fence means a barrier that uses electrical current to deter or prevent animals or individuals from crossing a boundary. The fence typically consists of wires or conductive materials through which an electric pulse or charge is transmitted at regular intervals, providing a non-lethal shock upon contact.

(Ord. No. 2024-008, § 1, 10-14-2024)

No fence from the adoption of this chapter shall be erected without a permit and approval of the building inspector/code enforcement officer. Any person or persons, corporation, firm or association intending to erect a fence shall, prior to the commencement of work, make an application to the building inspector/code enforcement officer on a form provided by the building department. Said application shall be accompanied by a site plan (survey) showing the proposed location of the fence and materials/type of fencing to be installed. Such materials and location shall be in compliance with this chapter and any pertinent local or state laws. Upon approval, a permit shall be issued which will be in effect for six months from the date of issuance. Upon completion of said work, the fence construction shall be inspected by the building inspector and issuance of a certificate of compliance shall be issued if work has been completed in compliance with this chapter. The fee for said permit can be found in the Municipal Code, Title 5, Section 5-701, Permit and Fee Schedule.

Fences on non-residential property are subject to review and approval by the design review commission and must be in compliance with Part 4 of the Somerville Zoning Ordinance.

(Ord. No. 2024-008, § 1, 10-14-2024)

No fence shall be more than eight feet in height at the rear of a home or building situated in a residential district. The fence shall not extend forward of the front building line of any existing or proposed building. Fences or portions of fences shall not be higher than 48 inches forward of the building line or any existing or proposed building. This restriction shall not apply to construction of fences in all zoning districts or commercial type projects. In addition, all fences must comply with 14-2-608 and 14-2-609 in this chapter.

(Ord. No. 2024-008, § 1, 10-14-2024)

Any fence hereby erected shall be placed a minimum of 24 inches from the edge of the pavement. At no time shall a fence be within 24 inches of the back of a sidewalk, or within ten feet of the edge of pavement if no sidewalk is present. With special consideration of corner lots and the obstruction of safe travel. In addition, all fences must comply with 14-2-608 and 14-2-609 of this chapter.

Fences may be placed across easements but may not block or impede the flow of drainage.

(Ord. No. 2024-008, § 1, 10-14-2024)

Fences may be constructed using the following materials: wood (including treated lumber and composite wood), vinyl, wrought iron, aluminum, steel, brick, stone, and chain-link (not permitted in a front yard) with vinyl or plastic coating. All materials must be durable, weather-resistant, and maintained in good condition to ensure safety and aesthetic standards. Further, no fence shall be erected in the front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50 percent solid.

(Ord. No. 2024-008, § 1, 10-14-2024)

The following fences and fence materials are strictly prohibited for residential use:

(1)

Agricultural fence (with the exception of animal enclosures not visible from any public right-of-way, or agricultural activities in the rural residential zoning district).

(2)

Barbed wire or razor wire (except for agricultural purposes).

(3)

Canvas/cloth fences.

(4)

Chain link fences located in the front yard.

(5)

Electrically charged fences. (Exception agricultural and these shall contain hazard signs).

(Ord. No. 2024-008, § 1, 10-14-2024)

(a)

All chain link fences erected shall be erected with the closed loop at the top of the fence. All other fences shall be erected with the finish side facing the nearest adjacent property line where applicable.

(b)

Gates shall not open across a property line or into a right-of-way.

(c)

Notwithstanding the provisions of this section, the building inspector/code enforcement officer may issue a permit for the construction of a security fence for commercial and industrial properties upon application and approval of the design review commission and/or Town of Somerville Planning Commission.

(d)

Color of fences shall be restricted to earth tones and neutral color tones.

(e)

All fences or walls shall be erected within the property line, and none shall be erected so as to encroach upon a neighboring property, public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and or other structures or vehicles whether stationary or transitory, on public or private property.

(Ord. No. 2024-008, § 1, 10-14-2024)

The building inspector or code enforcement officer shall have the authority to direct in writing the removal, trimming or modification of any fence, living fence or wall on public or private property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs. Any person who refuses or neglects to comply with such written direction shall be in violation of this chapter and subject to its penalties.

(Ord. No. 2024-008, § 1, 10-14-2024)

Any person, firm or corporation or his or her agent, servant worker or employee violating any provisions of this chapter shall be punishable by a fine not exceeding $50.00. Each day's continuance of a violation after notice to cease or correct shall be deemed a separate and distinct offense and shall be punishable accordingly.

(Ord. No. 2024-008, § 1, 10-14-2024)

When Covenants or Homeowner's Association (H.O.A.) requirements are in conflict with this chapter, the more restrictive shall apply.

(Ord. No. 2024-008, § 1, 10-14-2024)