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17.48.120 - Fences. A. Intent. It is the intent of this section to ensure that fences are erected in a safe manner that will not create safety hazards and for fencing to be aesthetically pleasing and be compatible with development on the lot on which the fencing is erected as well as with neighboring properties. B. Barbed wire fencing is not allowed to be used within any zone district within the Town, except that up to four strands may be allowed for public utilities or other similar uses. C. Electrified fences are not allowed to be used within any zone district within the Town, except that low amperage/low voltage commercially available invisible "pet" electric fences may be used in any district. (Ord. 13-97 (part): prior code § 13.16.120) D. Any fencing in a sight visibility triangle (See Code Section 17.48.110) shall not exceed thirty (30) inches in height. E. Fences in a front yard shall not exceed forty-two (42) inches in height, except for fences in a commercial or industrial area determined by the Director of Development Services to be necessary for securing merchandise such as for commercial garden shops, nurseries, greenhouses, automobile sales, or as is necessary for a day care or pre-school, or other similar uses. F. Fences adjacent to a street shall be set back twelve (12) inches from any sidewalk. G. No fence shall exceed seventy-two (72) inches in height, except for fences for the following uses; public tennis courts, baseball fields, or other similar public recreational uses. H. For properties zoned PID Planned Industrial Development or developed with industrial uses, fences may be eight feet, or ninety-six (96) inches, in height. I. All fencing shall be of a design and quality compatible with the site and adjacent uses and shall provide appropriate screening, visibility, security, and appearance as determined by the Director of Development Services or designee. The finished side of the fence shall face the public-right-of way, common open space, or other public areas as applicable. Additional landscaping may be required to screen a solid fence. J. Any fencing within an easement or near a fire hydrant or other public improvement or utility shall not interfere with the purpose of the easement or improvement including access by the utility or service provider or easement holder. The Town, service provider, or utility holder may remove any improvement including fencing interfering with the use of the easement or public improvement and the property owner may be responsible for replacing any improvement at his own expense and may be required to reimburse the Town or service or utility provider for removal costs. K. A fence shall not be constructed or erected until a fence permit has been issued by the Town of Monument and the applicant has received any required permit from the Pikes Peak Regional Building Department. L. The property owner shall be responsible for proper installation of the fence, including determining the property boundaries and installing the fence on his or her property. The Town is not liable if the fence is improperly installed. M. Fences existing at the time this ordinance is adopted shall be considered legally non- conforming providing they are not installed on public right-of-way or other public property without the Town's express permission and provided they do not create a safety hazard. ---PAGE BREAK--- N. All fences shall be maintained by the property owner, including periodic staining and painting as necessary to keep the fence in good condition. In the event that a fence has not been maintained or has been damaged, the Town may require the owner to repair, paint, stain, or remove the fence within thirty (30) days of written notice or other reasonable time period as determined by the Town. O. Where by reason of extraordinary or exceptional situation, or condition peculiar to a piece of property where the strict application of any provision of this section would result in exceptional, demonstrable unnecessary hardship, or where an alternative standard would improve the compliance of a fence with the intent of this Code, such as when a fence provides screening for outside storage or when an alternative fencing shall result in an improved design, or when an alternate design is necessary for safety or security, the Board of Adjustment shall have the authority to grant a variance from such strict application. Any applicant may appeal the decision or conditions of the Director of Development Services to the Board of Adjustment.