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Town to revise fencing ordnance

(11/8) During the November 7th Town Council meeting, a homeowner from Pembrook brought up concerns over their fence being found not in compliance with town fencing codes.

The fence in question was built on June 6th after the homeowner was requested to replace a "dilapidated" split rail fence three times by the Pembrook Home Owners Association (HOA). The new fence plan met the approval of the Pembrook HOA, as well as Frederick County fence laws, however the homeowner was unaware he had to apply for a permit from the town for the fence.

The day after the installation of the fence, the town zoning officer stopped by the home and cited the homeowner for installing the fence without the required town permit.

When the homeowner applied for the required town permit he was told the permit would not be issued for the fence, as it did not meet the requirements for front yard fences. Per the current ordinance, corner lots are considered to have 2 front yards and the current town ordinance prohibits a front yard fence of more than four feet in height, which the new fence was.

Following an appeal by the homeowner to the Board of Appeals, the Board gave the homeowner a 6-month stay so the Town Council could consider the issue.

The town council took up the issue at their November meeting and unanimously recommend that the town staff prepare an amendment to allow fences greater than four feet tall in what would be considered the side yard of corner and thru lots. Fences in the ‘front’ of the house will still be required to be shorter than four feet.

After the amendment is written, it will go in front of the Planning Commission for review. If the Planning Commission approves the amendment, it will then be brought before the Town Council for approval.

Town staff said they hope to have the amendment ready for the Planning Commission to review by its January or February meeting.

Taneytown has also been experiencing a corner lot fencing issue. Their town code allows for exemptions to be requested but this is time consuming for town staff and confusing for their residents. Taneytown started to look into their fence ordinances following a similar situation where a homeowner put up a fence with approval from the county, but not the town.

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