Allentown defines a fence as a 'structure,' and Section 1305.02 requires a Zoning Permit from the Zoning Officer before the construction or placement of any structure. Temporary construction-site fences and qualifying retaining walls are exempt from the fence regulations; pool barriers are governed by the building code.
Under the City of Allentown Zoning Ordinance, a 'Fence means an artificially constructed barrier of wood, masonry, stone, wire, metal or other material' - i.e., a structure. Section 1305.02.A.1 provides that a Zoning Permit is required from the Zoning Officer prior to 'the construction, expansion or placement of any structure or part of structure thereof.' Applications must be made in writing by the owner or authorized agent on the Zoning Officer's forms and, where the officer requires, accompanied by a certified scaled plan showing the structure's exact location relative to lot and street lines. The City lists 'Zoning permits' among the permits it issues. Two fence categories are exempt from the substantive fence rules under Section 660-45.A(1): retaining walls up to 8 feet necessary to hold back slopes or a building wall, and temporary fences around active construction sites if removed within 30 days after completion of construction or expiration of the permit. Residential pool barriers are regulated separately under the building code (PA Uniform Construction Code).
Erecting a fence without a required zoning permit, or contrary to the permit, is enforceable under Section 1305.09.B by a civil enforcement proceeding with judgments up to $500.00 per day of continued violation plus court costs and reasonable attorney fees. The Zoning Officer issues written notices of violation ordering corrective action (Sec. 1305.01).
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