(1) Except as otherwise specified in Subsection A(2) through (10) below or in other provisions of this chapter, fences and walls up to six feet high are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas, notwithstanding any other provisions of this chapter.
(2) A fence or wall may be built up to a common lot line but may not encroach on the adjoining property nor interfere with adequate sight distance for vehicles exiting from driveways on the parcels sharing the common lot line.
(3) Fences and walls that have any portion located less than 10 feet from a street right-of-way line shall have maximum heights as follows:
(a) Three feet, if less than 50% of the fence or wall face is open when viewed from a position at a right angle to the fence or wall;
(b) Four feet, if at least 50% of the fence or wall face is open when viewed from a position at a right angle to the fence or wall;
(c) Fences and walls that do not meet the above criteria may have a maximum height of six feet, but only upon receipt of a special approval for same from the Board of Appeals, or (in those instances where site plan approval is required by this chapter for a development or activity) upon receipt of a special permit for same from the Planning Board, in accordance with the procedures set forth in this chapter.
(4) Fences and walls are not allowed within public street right-of-way lines without written permission from the public entity that holds the right-of-way.
(5) Deer fences up to eight feet in height are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas. Building permits are required for deer fences exceeding six feet in height.
(6) Fences and walls up to eight feet in height are permitted as of right in all locations, including yards, setbacks and buffer areas, for lawful farm operations. Building permits are required for fences and walls exceeding six feet in height.
(7) Fences and walls up to eight feet in height are permitted as of right in all locations, including yards, setbacks and buffer areas, in light industrial zones and industrial zones. Building permits are required for fences and walls exceeding six feet in height.
(8) Barbed wire; electrification.
(a) The use of barbed wire or electrification, or any other material or device that could reasonably be expected to cause injury upon human contact, is prohibited except when used on:
[1] Fences and walls used for lawful farm operations;
[2] Fences and walls used in conjunction with the keeping of domestic animals in accessory buildings; or
[3] Fences and walls in light industrial zones or industrial zones.
(b) Electrification may be used for fences constructed or installed wholly underground that are designed to keep pets in yards.
(9) Fences shall be erected with the finished side (if any) facing the street and abutting properties, and with backers, supports, and posts on the inside of the fence, unless they constitute an integral part of the finished side, or unless the fence is of the type that requires posts to be placed in an alternating pattern inside and outside the fence to maintain stability.
(10) Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed fences and walls. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in §
270-191 of this chapter are met, including but not limited to proposed changes to or additions of fences or walls where such changes or additions meet a §
270-191 threshold.
(11) Fence and wall heights shall be measured vertically from the natural grade to the top of the fence or wall at each point along the fence or wall.
(12) Traditional neighborhood development. In an NT-3, NT-4, NT-4u, or NT-5 zone, New Neighborhood Code requirements for fence location, height, and design apply.
(13) Ground-mounted photovoltaic solar energy systems. Town Code
§ 270-219.1: Solar energy systems' design standards, and requirements for fences for mechanical equipment and structures for energy storage system components, apply.
