Fences

The City of Cold Spring requires a Zoning Permit for the construction of a fence and each time significant changes are made to an existing fence. There is a fee of $30 for this permit and an additional fee of $30 may be charged for any re-inspection that may be required as a result of the applicant failing to follow procedure.  Applications obtained after the work is done will be subject to a penalty charge of 50% of the permit fee.

• Site Plan.  Site plan must be neatly drawn to scale, labels and dimensions for property lines, sidewalks, structures, etc.
  
  
• Finished Side.  The side of the fence facing property other than that of the owner must have a finished appearance.
  
  
• Easements.  No fence shall be constructed upon or within any platted or otherwise designated easment without written approval of the Zoning administrator. Nearly all property within new subdivisions contain easments on all sides of the property. In most cases these easements are not utilized for major utilities and in such cases a fence may be allowed within that easement.  In other cases the City may prohibit the placement of fences due to the existence of major utilities.
   
• Right-of-Way.  No fence shall be permitted to encroach in any public right-of-way.  Builiding Inspector should verify that fence will not encroach on right-of-way.
  
  
• Prohibited Material.  No residential fence shall be constructed of any electrically charged element, unless located underground (for example, invisible or underground pet fencing), or barbed wire; except that in the General Industrial District barbed wire may be used above a height of six and one-half feet when incorporated with a permitted fence, and except areas utilized for agricultural purposes.  Building Inspector should verify that prohibited materials are not utilized in fence design.
  
  
• Approved Material.  A fence shall be constructed of stone, brick, finished wood, durable vinyl or other durable plastic materials, ornamental non-corrosive aluminum or iron, or chain link.
  
  
• Setbacks.  A fence may be located up to the property boundary provided that the property owner is capable of maintaining the fence and the lot, and only if the Zoning Administrator determines that such location will not adversely affect the neighborhood.
  
  
• Iron Momuments.  Immediately prior to erecting a fence the property owner must demonstate to the Building Inspector the location of the boundaries to the property to be enclosed by the fence; as shall be determined solely by iron monuments placed by a licensed land surveyor.
  
  
• Depth of Post Holes.  All post holes must be at least 30" inches deep.  Proof of compliance with this requirement will be determined during the initial inspection.
  
  
• Height Restrictions Front Yard.  No fence shall exceed four feet in height in any front yard in a residential district. For Corner Lots, this height restriction shall apply to both the Front Yard and Side Yard that abuts the right-of-way, the full length from the Rear Lot Line to the Front Lot Line. No fence is permitted within the front yard of a non-residential district.
  
  
• Height Restrictions Side and Rear Yard.  No fence shall exceed six feet in height in any side or rear yard; except that when the adjoining lot is not in a residential zone or when the lot is adjacent to a Thoroughfare, Arterial Street or Collector Street as defined in Section 320:18 of City Code the fence may be constructed to a height not to exceed eight (8) feet. Greater heights may be permitted by Special Use permit in Commerical or Industrial Zoning District, or as otherwise required.
  
  
• Finish Applied to Fence.  When fencing materials are not designed with the final finish, the property owner should apply final finish prior to calling for final inspection (unless other arrangements have been made with the Building Inspector).