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<div class="moz-cite-prefix">Jonathan<br>
<br>
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.<br>
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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><font color="#ff0000">(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>
</font></b><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>
(d) <b><font color="#ff0000">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></b><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>
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On 1/31/2014 2:37 PM, Jonathan Ebbeler wrote:<br>
</div>
<blockquote
cite="mid:B3DC6AD9-0002-4E90-B31C-92A9DD8A30DD@efusionconsulting.com"
type="cite">
<pre wrap="">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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