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In the end, a majority of the Farmville council listened to Sallie Amos. Since last summer, Amos had been encouraging her fellow council members to either scrap the proposed fence ordinance or greatly reduce the scope. Over the last six months, she pointed out that this had dramatically changed from the original complaint, involving an argument between neighbors. Now council members were trying to regulate the height, color, shape and design of all fences in town, as well as charge people a fee if they want something different. 

During the council’s Wednesday, Jan. 8 meeting, Amos mentioned how she has been stopped in the grocery store by residents who feel the proposals are ridiculous. She also referred to a letter one resident sent to the Farmville council, which stated that “citizens of this jurisdiction are more in need of relief than of more burdensome regulations and expenses.” And so, Amos made a motion, one to cut out all of the details and extra requirements council members had added to the proposed fence ordinance since last summer. Instead, she wanted to get back to the bare bones, the reason why this was brought up in the first place. 

There was an issue last year on Longwood Avenue, where a resident built a privacy fence that stretched all the way from the rear of the yard to within the town’s right of way. That made it harder for one of the person’s neighbors, who could no longer see traffic from that direction as they pulled in or out of their driveway. When it was brought up to town officials, the staff found there really was no ordinance in place right now regarding fences. That’s what started the year’s worth of work and what Amos wanted to bring the focus back to. 

Residents have a bit of confusion

Also, residents have spent the last several months questioning the more detailed ordinance. In every meeting from the planning commission to council work sessions, town residents pointed out problems with some of the proposed restrictions. Some said a fence higher than four feet was needed to keep their dog from leaving the yard. Others just wanted privacy. In Wednesday’s meeting, one more was added to the list. 

Farmville resident Dr. Ruth Budd spoke to the council, agreeing that fences were needed. She gave multiple examples of people who had come up to her residence on Crestview Drive to ask for money and that she didn’t feel safe without a fence. However, under the more detailed ordinance, if she wanted a fence higher than four feet for protection, something a man couldn’t climb over, Budd didn’t understand why there was a fee involved. In recent months, a town council majority had discussed requiring people who wanted a fence higher than four feet to apply for a conditional use permit and go through the process, just like a business owner or developer. That permit application is $500 in Farmville. 

“If I want something different, I can appeal and pull $500 out of my pocket to have to go through that whole (conditional use permit) procedure if I want to make my house or myself more secure,” Budd said. “This kinda sounds like Venezuela. Now I understand that you may want to control that people aren’t putting up 70 feet fences, bright yellow with graffiti, but to charge $500 for a conditional use permit, for someone who needs something that’s more than the height that a dog can jump over, I just do not understand it. I don’t see where it’s helping anybody.”  

A new proposal for the Farmville council

And this is where Amos’ motion came in. In Wednesday’s meeting, Amos called for everything in the proposed ordinance to be scrapped except for two sentences. That means no restrictions on color, shape or materials. This two-sentence ordinance would state that in the Town of Farmville, ““fences shall not impair vehicular or pedestrian travel visibility. In the case of corner lots of all districts, no fence shall be erected that blocks or otherwise impedes the view of streets or traffic.”

“That’s it, that is all we need,” Amos said. “We do not need height restrictions. We do not need conditional use permits, for people to be burdened with extra expenses. That’s it.” 

Other Farmville council members tried to compromise, with Donald Hunter asking staff if the town could eliminate the fee for the conditional use permit, but still require residents to go through the process if they want a front fence larger than four feet. 

Davis said he didn’t know if that was legal, pointing out that all other applicants for a conditional use permit are required to pay $500. Town Attorney Gary Elder clarified that yes, some towns, cities and counties in Virginia allow an applicant to request a one-time waiver for the conditional use permit fee, however he didn’t believe that rule was in any of Farmville’s ordinances. 

Amos put her proposal forward in the form of a motion, with no requirement for a conditional use permit or anything other than the two sentences she stated. That motion passed 4-3, with council members Donald Hunter, Chuckie Reid and Daniel Dwyer in opposition.

So what happens now?  

So what does that mean? Exactly what the motion said. Fences in Farmville now will not be allowed to block visibility of people traveling via car or walking. Also, no fence will be allowed to be erected in a corner lot that blocks or otherwise impedes the view of streets or traffic.