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Requirements in fence ordnance
 to be ‘relaxed’

(11/15) During the November 14 meeting, the Taneytown City Council voted to introduce a new ordinance to relax restrictions on equivalent yard fences in residential corner lots. Introduction of Ordinance 10-2022 Amendment to Yard Exceptions passed with no councilors opposed. It does not revise code for sheds.

If the ordinance is approved, the updated code will allow residents on corner lots to build six-foot fences on up to 50% of their equivalent yard rather than the previous 30%. The ordinance did not update four-foot fence code, which was already allowed up to the property line.

The current City Code restricts fences to four feet in any front yard whereas residents could build fences up to six feet in rear and side yards. However, a corner lot has a front yard and an equivalent yard. Since corner lots have two yards that face a street, both are considered ‘front yards’ and restricted to a four-foot fence.

These restrictions were in place in part to ensure safe sightlines needed for drivers to avoid issues in the intersections. The Planning and Zoning Commission experimented to ensure safety, finding that the taller fences should not go past 60% of the equivalent front yard for safety reasons. They presented 50%, and up to 60% in certain circumstances to the City Council with safety in mind at intersections.

The City Council debated the percentage to add to the code, citing safety and the freedom of individual property owners as the dividing factors. Councilwoman Judy Fuller said, "I guess it comes down to people having power over your yard." She went on to say that residents, especially younger residents, deserve to have privacy in their own backyards with a six-foot fence.

Because houses in Taneytown are set back 35 feet from the street in most areas, homes on corner lots also tend to have smaller backyards than other houses, further limiting privacy for many residents living in corner lots. Under the proposed regulations, residents in most zoning districts will be able to have an additional 17.5-foot fenced in area using a taller fence.

When presenting the ordinance details to the council, Wieprecht brought up the cumbersome process in place for residents to request exemptions. He hoped to streamline the process for the residents and for the zoning administrator.

Currently, the resident submits the request to the Zoning Office. The request then needed to be considered by the adjoining neighbors, who the Zoning administrator contacts by certified mail. If they approve or don’t respond within 15 days, the administrator can approve installation of the taller fence by up to 30 percent, or 11.5 feet closer to the sidewalk or property line.

Eliminating the need to get approval from neighbors not only relieves the zoning office from administrative duties but gives more control of the property to its owner. According to Wieprecht, currently the zoning administrator must deny any such requests that a neighbor objects to. "That does give neighbors a lot of control over the corner lots," he said.

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