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6-6(H)   PERMIT - WALL OR FENCE - MAJOR
All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(H).
6-6(H)(1)   Applicability
6-6(H)(1)(a)   This Subsection 14-16-6-6(H) applies to all applications for walls or fences that that require a Permit - Wall or Fence - Major pursuant to Subsection 14-16-5-7(D)(3)(a)2 (Exceptions to Maximum Wall Height).
6-6(H)(1)(b)   Requests for walls taller than allowed as a Permit - Wall or Fence - Major also require a Variance.
   1.   A Variance to walls associated with a Site Plan - EPC are pursuant to Subsection 14-16-6-6(H) (Variance - EPC).
   2.   All other Variance requests for wall standards are pursuant to Subsection 14-16-6-6(O) (Variance - ZHE).
6-6(H)(2)   Procedure
6-6(H)(2)(a)   All applications in an HPO zone or on properties or in districts listed on the State Register of Cultural Properties or the National Register of Historic Places shall first be reviewed by the Historic Preservation Planner pursuant to Subsection 14-16-6-5(B) (Historic Certificate of Appropriateness - Minor), and the Historic Preservation Planner shall send a recommendation to the ZHE.
6-6(H)(2)(b)   The City Planning Department staff shall review the application and forward a recommendation to the ZHE.
6-6(H)(2)(c)   The ZHE shall conduct a public hearing on the application and make a written decision on the application.
6-6(H)(3)   Review and Decision Criteria
An application for a Permit - Wall or Fence - Major for a wall in the front or street side yard of a lot with low-density residential development in or abutting any Residential zone district that meets the requirements in Subsection 14-16-5-7(D)(3)(a)2 (Exceptions to Maximum Wall Height) and Table 5-7-2 shall be approved if all of the following criteria are met.
6-6(H)(3)(a)   The wall is proposed on a lot that meets any of the following criteria.
   1.   The lot is at least ½ acre.
   2.   The lot fronts a street designated as a collector, arterial, or interstate highway.
   3.   For a front yard wall taller than allowed in Table 5-7-1, at least 20 percent of the properties with low-density residential development with a front yard abutting the same street as the subject property and within 330 feet of the subject property along the length of the street the lot faces have a front yard wall or fence over 3 feet. This distance shall be measured along the street from each corner of the subject property's lot line, and the analysis shall include properties on both sides of the street. (See figure below for an illustration of this measurement.)
   4.   For a street side yard wall taller than allowed in Table 5-7-1, at least 20 percent of the properties with low-density residential development with a side yard abutting the same street as the subject property and within 330 feet of the subject property along the length of the street the lot faces have a street side yard wall or fence over 3 feet. This distance shall be measured along the street from each corner of the subject property's lot line, and the analysis shall include properties on both sides of the street. (See figure below for an illustration of this measurement.)
6-6(H)(3)(b)   The proposed wall would strengthen or reinforce the architectural character of the surrounding area.
6-6(H)(3)(c)   The proposed wall would not be injurious to adjacent properties, the surrounding neighborhood, or the larger community.
6-6(H)(3)(d)   The design of the wall complies with any applicable standards in Section 14-16-5-7 (Walls and Fences), including but not limited to Subsection 14-16-5-7(E)(2) (Articulation and Alignment), Subsection 14-16-5-7(E)(3) (Wall Design), and both of the following criteria.
   1.   The wall or fence shall not block the view of any portion of any window on the front façade of the primary building when viewed from 5 feet above ground level at the centerline of the street in front of the house.
   2.   The design and materials proposed for the wall or fence shall reflect the architectural character of the surrounding area.