[RP TownTalk] Ordinance 2014-OR-01

[James D. Holmes]

Jonathan

The current Town of Riverdale Park code  66-1 is very clear as to the 
definition of a front yard,  rear yard and side yard. Legislation should 
not be proposed without a public need or safety concern.   It would be 
nice to see a copy of the proposed the Ordinance published so the 
residence of Riverdale Park can read it.




Chapter 66
WALLS, FENCES AND HEDGES
§ 66-1. Height of walls and fences.
§ 66-1.1 Prohibited Fences.
§ 66-2. Height of hedges and shrubbery.
§ 66-3. Procedure for removal.
§ 66-4. Planting of hedges.
§ 66-5. Retaining walls.
§ 66-6. Violations and penalties.

[HISTORY: Adopted 2-21-72, effective 3-13-72. Amended 12-7-98, effective 
12-27-98. Amended 12-7-98. Effective 12-27-98. Amendment history noted 
where applicable.]

§ 66-1. Height of walls and fences.

(a) It shall be unlawful for any person to erect any wall or fence, or 
combination thereof, in excess of three and one-half (3 ½) feet in 
height, measured from the surface of the finished grade, around or on 
any property within the town without first obtaining a permit from the 
Mayor and Council.

(b) A permit may be granted for any deviation from such height as a 
special exception by the Mayor and Council if the fence is located to 
the rear of the building line, or if it is an ornamental iron fence or 
such that would enhance the beauty of the property. The Mayor and 
Council may require as a condition of granting a special exception that 
any such proposed fence having a more finished face on one side be so 
erected that the more finished face is outward when viewed from the 
surrounding properties. [Amended 3-6-95, effective 3-26-95.]

§ 66-1.1 Prohibited Fences. [Adopted 12-7-98, Effective 12-27-98.]

(a) Purpose. It is the intent and purpose of this section to protect the 
health, safety, morals and general welfare of the Town of Riverdale Park 
and its residents by generally restricting the placement of certain 
types of fences on residential and commercial lots. Such restrictions 
shall, among other things: prevent the obstruction or reduction by 
made-made structures of visibility at corners and intersections for 
drivers and pedestrians; add to the attractiveness of the community; 
create a better home environment; preserve an area generally regarded by 
the public as pleasing to the eye; and preserve, improve and protect the 
general character of the lands within the Town and improvements thereon.

*(b) Rule of Construction. In applying the fence restrictions contained 
in this section, the term "front yard" shall mean the property between 
the front building line and the public street on which the property is 
located. The term "corner lot" shall mean any property that abuts two 
adjacent public rights of way.
*
(c) Front Yard Fences. Except as otherwise provided, all metal fences 
are prohibited between the front building line of property and other 
adjacent property, dwelling, publicly dedicated street, private street 
or parking area.

(d) *Side and Rear Yard Fences. Nothing in this section shall affect the 
design, permitting or erection of side and rear yard fences within the 
Town of Riverdale Park. The building code of the Town of Riverdale Park 
and Prince George's County, Maryland, as well as Section 66-1 of the 
Ordinance codes of the Town of Riverdale Park shall govern such fences.*

(e) Permitted Front Yard Fences. Fences that otherwise meet all design 
and construction specifications of the building codes of the Town of 
Riverdale Park and Prince George's County, Maryland, as well as the 
Ordinance Code of the Town of Riverdale Park shall be permitted as front 
yard fences so long as they are not constructed of chain-link.

(f) Corner Lots- Special Rule of Construction. For any property deemed 
to be a corner lot under this section, in addition to other 
proscriptions of the section, no chain-link fence may be erected along 
the side yard that abuts a public right of way.

(g) Chain-Link Fence Defined. For purposes of this section, "chain-link 
fence"
shall be defined as a fence made from wire helically wound and 
interwoven in such manner as to provide a continuous mesh without knots 
or ties, except in the form of knuckling or of twisting the ends of the 
wires to form the selvages of the fabric, as well as all posts, clamps, 
and other accessories necessary for the stable construction of the 
chain-link fabric into a fence.

(h) Grandfather Clause. All front yard fences legally existing as of the 
date of introduction of the ordinance resolution creating section 66-1.1 
which do not comply with any subsection (i.e., front yard chain-link 
fences), shall be deemed non-conforming uses. All front yard fences 
erected subsequent to the introduction of the resolution creating 
section 66 1.1 (November 2,1998 ) that are intended to replace those 
fences deemed non-conforming uses shall conform to the requirements of 
this section. A fence deemed to be a non-conforming use under this 
subsection which has been removed or destroyed through no fault of, and 
due to circumstances beyond the control of the owner, may be replaced or 
repaired in a manner substantially identical in all material respects to 
the fence so removed or destroyed. Consideration shall be given to the 
similarly of such factors as materials, height, length and fence 
location between the original fence and the replacement fence. Nothing 
contained in this subsection shall be construed to prohibit the 
maintenance and repair of a non-conforming fence so long as the fence is 
not changed in character and all repairs are made with materials 
substantially the same as the materials requiring maintenance or repair.








On 1/31/2014 2:37 PM, Jonathan Ebbeler wrote:
> I apologize if I missed your question. Normally the chair of the committee would introduce this. This ordinance came out of Public Works so normally it would be CM Henry. He was not present in the meeting it was introduced and given that the legislation was at my request I introduced it.
>
> I am a bit confused on your question regarding public safety etc. The legislation itself does not specify that for a justification. Prior Councils prohibited front yard chain link by Ordinance but left open he question for side and rear fences.  We currently have a mis-match in fence materials in what can be approved for front vs side and rear. This Ordinance removes the confusion so future Councils do not have to argue over what constitutes front vs. side and rear yards.
>
> The existing situation leaves open interpretation to fence approvals that unnecessarily creates confusion between homeowners and CMs trying to advocate for constituents. Do you have a specific question you would like answered?
>
>
>
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