<html>
<head>
<meta http-equiv="content-type" content="text/html; charset=ISO-8859-1">
</head>
<body text="#000000" bgcolor="#FFFFFF">
It appears that our Town Council is attempting to modify subsection
(d) to prohibit chain-link fences in the side and rear yard. Metal
fences have been prohibited in the front yard since 1998.<br>
<br>
It would be nice for the council member who introduced this
ordinance to speak up and explain why this change is necessary for
the public need/safety.<br>
<br>
<br>
Chapter 66<br>
WALLS, FENCES AND HEDGES<br>
§ 66-1. Height of walls and fences.<br>
§ 66-1.1 Prohibited Fences.<br>
§ 66-2. Height of hedges and shrubbery.<br>
§ 66-3. Procedure for removal.<br>
§ 66-4. Planting of hedges.<br>
§ 66-5. Retaining walls.<br>
§ 66-6. Violations and penalties.<br>
<br>
[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.]<br>
<br>
§ 66-1. Height of walls and fences.<br>
<br>
(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.<br>
<br>
(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.]<br>
<br>
§ 66-1.1 Prohibited Fences. [Adopted 12-7-98, Effective 12-27-98.]<br>
<br>
(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.<br>
<br>
(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.<br>
<br>
(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.<br>
<br>
<font color="#cc0000">(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.</font><br>
<br>
(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.<br>
<br>
(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.<br>
<br>
(g) Chain-Link Fence Defined. For purposes of this section,
“chain-link fence”<br>
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.<br>
<br>
(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.<br>
</body>
</html>