Troy board dismisses fence materials dispute after code officials cite no prohibition

A request by Nelson Rivera to retain a recently constructed six‑foot fence using corrugated metal roofing panels at 106 Sixth Avenue was dismissed by the Troy Zoning Board of Appeals on Oct. 1 after staff said the city zoning code identifies prohibited materials but does not list the metal roofing panels Rivera used.

Rivera said he used the sheet-metal material because he wanted a low-maintenance fence that would better withstand weather than wood. He told the board the fence will be painted a cream color to match his house and that he intends to add trim and bracing. Rivera also said he runs a licensed in‑home daycare at the property and installed the fence to deter trespass and improve backyard security.

Code staff told the board they had issued a stop-work order and had inspected the fence; their position was that the material is unusual and not sold commercially as a fencing product, and they expressed safety concerns about unframed edges. However, staff and the board noted the zoning code lists specifically prohibited materials (barbed wire, electric fencing, chicken wire, pallets, tires, plywood) but does not expressly ban corrugated metal roofing as a fencing material. Several board members urged Rivera to add framing or a top trim to address safety and appearance concerns.

A motion was made and seconded to dismiss the application before the board because the board lacked action to prohibit the material; the board instructed staff to work with Rivera regarding lifting the stop-work order if code officers determine the installed fence meets safety and installation standards and required permits are completed. Rivera was dismissed with the advice to apply for the standard fence permit and to finish paint/trim as discussed.