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5.5.1.   Purpose and Intent
These standards provide development standards for permanent fences and walls on individual lots or development sites. These standards are proposed to protect the health and safety of the public while balancing the practical uses for fencing and walls like security and privacy with the need for aesthetic quality and a high quality built environment. More specifically, these standards are intended to:
   A.   Provide for privacy and security on individual lots;
   B.   Ensure proper construction techniques are followed and that fences and walls are maintained in good repair;
   C.   Assist with the transition between public and private spaces; and
   D.   Ensure fencing and walls are consistent with the Town's desired architectural character.
(Ord. 2020-36, passed 12-2-2019)
5.5.2.   Applicability
   A.   Generally. The provisions of this section shall apply to all construction or replacement of all fences, screening walls, or retaining walls. A fence or wall may only be erected in accordance with the standards in this section.
   B.   Pre-Existing Development. Lawfully-established fences and walls established prior to January 1, 2020 that do not comply with these standards shall be subject to the applicable standards in Article 7: Nonconformities.
(Ord. 2020-36, passed 12-2-2019)
5.5.3.   Exemptions
The following are exempted from the standards in this section:
   A.   Bona fide farms and agricultural use types in districts where these uses are permitted;
   B.   Temporary fences for construction sites, including but not limited to: fencing necessary for soil erosion and sedimentation control and tree protection.
(Ord. 2020-36, passed 12-2-2019)
5.5.4.   Locational Standards
   A.   General. No fence or wall shall:
      1.   Be located within the public right-of-way (except for public fences or walls, or as needed for retention of soil);
      2.   Impede visibility of the required property address number; or
      3.   Block pedestrian access from doors or windows.
   B.   Easements.
      1.   In cases where a fence or wall is proposed within an easement, the applicant shall provide evidence of the easement owner's consent regarding placement of the fence or wall.
      2.   The landowner shall remain solely liable for any repair or replacement if any portion of the fence or wall located within a required easement is damaged during maintenance or construction activities within the easement by the easement owner or their agent.
   C.   Block Drainage. Fences or walls shall not alter or impede the natural flow of water in any stream, creek, drainage swale, or ditch.
   D.   Obstructions at Intersection. Except for necessary retaining walls, no fence or wall shall be located within a required sight distance triangle (see Section 5.1.7, Sight Distance Triangles).
   E.   Required Setbacks. Fences or walls may be located within required setbacks, but shall not encroach onto a separate lot.
   F.   Required Landscaping Areas. Fences or walls may be located in required landscaping areas, subject to the standards in Section 5.6.8, Features Allowed Within Required Landscaping Areas.
(Ord. 2020-36, passed 12-2-2019)
5.5.5.   Maximum Height
   A.   Maximum fence and wall height shall be in accordance with Table 5.5.5: Maximum Fence and Wall Height, and Figure 5.5.5: Maximum Fence and Wall Height:
TABLE 5.5.5: MAXIMUM FENCE AND WALL HEIGHT
Type of Zoning District
Location on Site
Maximum Height (Feet) [1]
TABLE 5.5.5: MAXIMUM FENCE AND WALL HEIGHT
Type of Zoning District
Location on Site
Maximum Height (Feet) [1]
Residential
Between the principal building and a lot line abutting a street ROW
4
All other locations
6
Commercial
Between the principal building and a lot line abutting a street ROW
4
All other locations
8
Industrial
Opaque fences and walls between the principal building and a lot line abutting a street ROW
4
Semi-opaque fences and walls between the principal building and a lot line abutting a street ROW
10
All other locations
Within a required yard or setback: 10
Outside a required yard or setback: 10
Notes:
[1] Fence height limits shall not apply to chain link fences surrounding tennis courts or ball field backstops.
 
   B.   Fence and wall height shall be measured in accordance with the standards in Section 9.3.15, Fence and Wall Height.
Figure 5.5.5: Fence and Wall Height
(Ord. 2020-36, passed 12-2-2019)
5.5.6.   Wind Loading
All fencing and walls subject to the standards of this section shall be constructed in accordance with the North Carolina Building Code, and shall be designed and constructed in order to meet the minimum applicable wind loading standards in the Town of Zebulon.
(Ord. 2020-36, passed 12-2-2019)
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