(2/1) At their January 30th meeting the Planning Commission approved a change to the town fence ordnance changing the height of allowable fences for homes on corner lots.

The change to the ordinance was a result of homeowners on a corner lot in the Pembrook community being cited after they replaced a "dilapidated" split rail fence with a new fence.

While their new fence plan was approved by the Pembrook Homeowners Association, and followed Frederick County fence laws, it did not meet the town requirements for a corner lot fence, which prohibits fences being more than three feet in height, which the new fence was.

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

At their November meeting the council recommended town staff prepare an amendment to allow fences greater than four feet tall in what would be considered the side yard of corner lots. Fences in the ‘front’ of the corner lot house will still be required to be shorter than four feet.

At the January meeting the Planning Commission defined the definition of a front and a side yard as: a front yard being the yard on the side the house faces, and the side yard being the yard on the side of the house.

The current fence ordinance limits front yard fences on all homes to four feet, fences within 30 feet on corner lots to three feet, and no fence more than six feet high on any other part of a lot.

Per the new amendment, front yard fences will still be limited in height to no more than four feet, while side yard fences will be limited to six feet. The ‘side’ fence on corner lots may not extend past the front corner of the home’s lot.

The amendment authorizes the Zoning Administrator to establish a different front yard if the house on the property is found to face the side with the greatest yard dimension, as is the case with another home in the Pembrook community.

Lots considered ‘thru lots’ – meaning two yards, both facing main streets, would be unable to have any fences over 4 feet due to the ordinance. Traffic safety was the principle reason given for not allowing fences over 4 feet on ‘thru lots’ as they blocked the line of sight of oncoming traffic on the intersecting road.

The amendment will now be sent to the Town Council for their approval.