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January 10, 2014 I Volume 8 I Issue 1 Zoning Bulletin <br />establish county roads that are not part of a subdivision, then the result may be <br />different. In any case, noted the court, road uniformity was not guaranteed under <br />the County Road Law because it did not contain, nor had the County adopted, <br />uniform road standards. <br />Uses After landowner attaches <br />tarps to fence made of permitted <br />materials, town issues notice of <br />violation for constructing fence <br />with prohibited materials <br />Landowner insists attaching tarps did not <br />change the fence structure and thus fence <br />was still constructed of permitted materials <br />Citation: Lipinski v. Town of Summerfield, 750 S.E.2d 46 (N. C. Ct. App. <br />2013) <br />NORTH CAROLINA (11/05/13)—This case addressed the interpreta- <br />tion of a town ordinance regulating fence materials. <br />The Background/Facts: In March 2011, Richard Lipinski ("Lipinski") <br />erected a fence approximately five to six feet high and approximately 300 <br />feet in length along his property line in the Town of Surmnerfield, North <br />Carolina (the "Town"). The fence was constructed of woven wire affixed <br />to vertical steel posts. Approximately six months later, Lipinski attached <br />red and blue plastic tarps to the fence. Over time, some of the tarps were <br />blown off the fence by the wind; portions of others were ripped and torn. <br />Eventually, the Town's Code Administrator issued a Notice of Violation <br />to Lipinski. That notice advised Lipinski that his fence was constructed <br />using materials prohibited by the Town's Development Ordinance (the <br />"Ordinance"). <br />Section 6-5.2 of the Ordinance permitted the following types of fences: <br />masonry or stone walls; ornamental iron; chain -link or woven wire; and <br />wood or similar material. Section 6-5.3 prohibited, among others types of <br />fence: fences constricted in whole or in part of readily flammable mate- <br />rial such as paper, cloth, or canvas. <br />Lipinski appealed the notice of violation to the Town's Board of <br />Adjustment (the "Board"). The Board concluded that Lipinski's act of <br />"attaching" the tarps to the fence amounted to a "construction of a fence <br />using materials of a prohibited type." <br />Lipinski appealed to court. <br />10 © 2014 Thomson Reuters <br />