Fences and walls are permitted as an accessory use in all zoning districts provided that they meet the following requirements:
(A) Fence and Wall Height Outside of Required Setbacks
(B) Fence and Wall Height within Required Setbacks
Fences and walls located within a minimum roadway, rear and/or side yard setbacks, as shown in Section 6.1, Tables of Density and Dimensional Standards, shall not exceed eight (8) feet in height unless specifically approved as part of a buffer under Section 7.2.3, or approved by the Zoning Board of Adjustment as part of a development plan, Special Use Permit, or variance. Columns and entry features shall not exceed twelve (12) feet in height unless specifically approved as an entry monument alternative to a principal ground sign under Section 9A.3.1(H). These features shall be located outside of required sight distance triangles.
(C) Landscaping and Screening of Fences and Walls
Fences and walls taller than forty-two (42) inches and located within thirty (30) feet of a thoroughfare or collector street right(s)-of-way shall meet the following landscape requirements:
(1) One (1) shrub shall be installed for each five (5) feet of property frontage along a thoroughfare or collector street. Shrubs shall be evergreen and shall be a minimum of twenty-four (24) inches tall at time of installation. Shrubs may be installed in a staggered, clustered, grouped or linear fashion, and all plantings shall be installed on the side of the fence that faces the right-of-way.
(2) Retaining walls that are forty-two (42) inches or more above an established grade are also required to meet the above screening requirements.
(3) A fence permit shall be obtained for fences adjacent to thoroughfare or collector street right(s)-of-way.
(D) Maintenance
The owner of the
property
(or other party responsible for maintenance as depicted on the approved development plan) on which the fence or wall is located is required to maintain the fence or wall in a safe and attractive condition. This shall mean the following:
(1) No fence or wall shall have more than twenty (20) percent of its surface area with disfigured, cracked, ripped or peeling paint or other material; and
(2) A fence or wall shall not stand with bent or broken supports, including loose or missing appendages; and
(3) Fences and walls shall be plumb (vertical) to the ground.
(4) Replacement of non-conforming fences shall comply with all the requirements of this section.
(E) Exposed Framing Toward Interior Yard
Fences and walls that are visible from a thoroughfare or collector street right-of-way shall be constructed such that exposed framing faces the interior yard and not the thoroughfare or collector street right-of-way.
(F) Fences and Walls within Buffers or Streetscapes
Fences and walls shall be installed so as to not disturb or damage existing, significant vegetation or installed plant material.
(G) Setback Requirement
To allow sufficient room for the landscaping to mature,
fences
and walls located within thirty (30) feet of a thoroughfare or collector street right-of-way shall be installed a minimum of five (5) feet (preferably ten (10) feet to allow room between plants and the sidewalk) from the
property
line. There shall be no setback for
fences
not located adjacent to a thoroughfare or collector street right-of-way.
PRINCIPLES OF INTERPRETATION |
Where there is a separate property located between the right-of-way and the proposed fence or wall (such as common open space that is owned by a homeowners association or other entity), the setback may be measured from the right-of-way and not from the property line. |
(H) Fences Prohibited
Fences that are electrically charged and those constructed of barbed or razor wire shall be prohibited. This prohibition shall not apply to
fences
used to enclose livestock on bona fide farms and those serving a public or quasi-public institution for public safety or security purposes.
(I) Sight Distance
No fence or wall shall be allowed to obstruct sight distance triangles.
(J) Rails Required for Retaining Walls and Steep Grade Changes
(1) All retaining walls over thirty (30) inches in height and steep grade changes at a one to one (1:1) ratio or greater shall include guards or other acceptable fencing/barricades measuring a minimum thirty-six (36) inches in height on a residential lot with a detached dwelling, townhouse, duplex, bed and breakfast, group home, or a family care home with four (4) or fewer residents. Guards or other acceptable fencing/barricades measuring forty-two (42) inches in height shall be required for all other uses. Guards shall be constructed with no opening greater than four (4) inches.