A fence is a structure that encloses an area, usually outdoors, and is usually built with posts that are connected by boards, wires, rails, or nets. When a fence isn't considered a structure, it's usually regulated as an invasion or projection toward patio spaces. When a structure is considered, it is usually regulated as an accessory structure. The city had filed a lawsuit to remove four-foot side fences and a two-and-a-half-foot fence in the front yard.
As long as the required front, side, and back yards are provided, many ordinances allow for the construction of a wall or fence with almost no restrictions, except that the height does not exceed the limit of the main building. In addition, the Chicago ordinance states that visibility at a right angle to any surface of such a fence is not reduced by more than 20 percent in the case of open-type fences that exceed five feet in height. Because much of the interest of citizens in avoiding the construction of fences in zoning ordinances stems from the interest of citizens in avoiding the construction of unsightly fences, these issues and the way in which they are handled in zoning ordinances are discussed. However, if the fence is attached to your house, it will be considered part of the building and will be covered by the “housing” section of your policy.
The zoning ordinances of Erie, Pennsylvania (1950) and Faribault, Minnesota (195), for example, consider fences, walls and hedges as ancillary uses in residential districts. If the fence surrounding your property is not attached to your house at any time, it would be considered an “other structure” and would be covered by that part of your homeowners policy. Instead of general municipal control over hazardous fences, zoning ordinances sometimes include provisions prohibiting hazardous materials for fences. Administrative differences It does not seem advisable to grant appellate boards, building inspectors or municipal legislators the power to make exceptions to the height of fences as they please, as they provide some ordinances.
Lawsuits related to scrap fences for years were not prosecutable as private nuisance cases in many courts because of a property owner's long-recognized right to build a fence to separate their land from adjoining plots (e.g., this exemption can be justified on the grounds that most fences and walls are limited to a height that does not greatly obstruct light). A typical provision in which fences are considered intrusions is that of the Denver Ordinance (195). The extensions of party walls or the provision of walls, trellises or wooden fences are essential for the best exploitation of these spaces. The height of such walls or fences shall be determined by measuring it from ground level, at the lowest level, less than one meter away from each side of such walls or fences.
Special agencies have been created through judicial actions and state laws to manage the problems of rural fences. Formerly, when a renegade fence builder appeared in court, the courts believed that they could not recognize that psychological harm when evaluating the damages or issuing a court order.
