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City revisits fence setbacks

(9/10) Reliving restrictions and requirements on fence setbacks on residents living in corner lots, due to their unique position of having two front yards under Town Code, are now before the Taneytown Planning Commission.

The current Town Code restricts fences to four feet in any front yard whereas residents can 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. While the four-foot fence can abut the sidewalk, any taller fence must be 35 feet from the property line.

"That creates a challenge because people owning corner lots feel they’ve lost their privacy (by only being allowed) a four-foot fence instead of a six-foot fence, and it happens a lot," Zoning & Code Enforcement Officer Darryl Hale said. City Manager Jim Wieprecht also suggested a shorter setback for corner lots to be able to have a larger fenced-in area that includes the equivalent front yard.

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. According to Town Code, sheds and accessory buildings are not allowed in any front yard, limiting options for those in corner lots. Wieprecht pointed out that this makes it more difficult for residents with dogs or those who are trying to find space for a shed.

If you own a corner lot, "your backyard that you can fence in is pretty limited," Wieprecht said. "And you’ve got this 35-foot by 60-foot area that you can’t enclose with your privacy fence, or you can’t put your shed there."

As the code stands now, residents can submit an exemption request for a six-foot fence to the zoning office. The request must be approved by the adjoining neighbors, who the Zoning Commission contacts by certified mail. If they approve or don’t respond within 15 days, Hale can approve a setback variance for the pacing of a larger fence up to 30 percent, or 11.5 feet closer to the sidewalk or property line.

According to Wieprecht, the current process to allow residents in corner homes to have taller fences works, but it is cumbersome for both town staff and often confusing for residents. Not only does the commission have to dedicate extra time to receiving and executing these requests, but the certified letters are paid for by the applicant.

The need to rethink the process came about following a recent incident where a resident received approval from Carroll County rather than Taneytown to put up a taller fence, only to find out after the fence was up, that they needed to get the city’s approval.

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