§ 38-1408. Fences and walls.
(a)
A fence shall be uniform in construction, design, material, color and pattern, and the fence material shall be a standard material conventionally used by the fence industry. No fence or wall shall be erected so as to encroach into the fifteen (15) foot for residentially and agriculturally zoned property, or twenty-five (25) foot for commercially and industrially zoned property corner triangle at a street intersection unless otherwise approved by the county engineer.
(b)
A fence of any style or material shall maintain a clear view triangle from the right-of-way line for visibility from driveways on the lot or on an adjacent lot. The clear view triangle area for a driveway is formed on each side of a driveway by measuring a distance of fifteen (15) feet along the right-of-way and fifteen (15) feet along the edge of the driveway.
(c)
Pillars, columns, and posts may extend up to twenty-four (24) inches above the height limitations provided such pillars and posts are no less than ten (10) feet apart.
(d)
No barbed wire, razor wire or electrically charged fence shall be erected in any location on any building site in residential or office districts except for security of public utilities, provided such use is limited to three (3) strands and eighteen (18) inches, a minimum of six (6) feet above the ground. In addition, walls and fences erected in any office or residential district shall not contain any substance such as broken glass, spikes, nails, barbs, or similar materials designed to inflict pain or injury to any person or animal.
(e)
(1)
Barbed wire or razor wire may be incorporated into or as an extension of the height of permitted walls and fences in commercial and industrial districts provided such use is limited to three (3) strands and eighteen (18) inches, a minimum of six (6) feet above the ground. The maximum height of the wall or fence with the barbed wire or razor wire shall be ten (10) feet.
(2)
Barbed wire may be permitted by special exception in residential and office districts as an extension of the height of permitted walls and fences along the property line separating the residential or office district from a commercial or industrial district where it is documented by substantial competent evidence that such an additional security measure is warranted or appropriate. The barbed wire fencing shall be subject to the criteria and dimensions set forth in subsection (e)(1).
(3)
Barbed wire and similar field fencing shall be allowed on agriculturally zoned properties only when used for agricultural purposes; i.e., groves, grazing and boarding of animals.
(f)
In no event shall barbed wire or razor wire be placed so as to project outward over any sidewalk, street or other public way, or over property or an adjacent owner.
(g)
Except in R-CE, R-CE-2, and R-CE-5, fences and walls in residential and office districts may be created as follows:
(1)
Limited to a maximum height of four (4) feet in the front yard setback. However, fences or walls located on arterial and collector roadways are limited to a maximum height of six (6) feet in the front yard setback.
(2)
Limited to a maximum height of eight (8) feet in the side and rear yards.
(3)
May be increased in height when the property is contiguous to a commercially or industrially zoned property along the common property lines pursuant to the height regulations for commercial and industrial districts.
(4)
May be permitted on vacant property, subject to less than fifty (50) percent opacity.
(h)
Fences and walls in agricultural, R-CE, R-CE-2, and R-CE-5 districts may be erected as follows:
(1)
Limited to a maximum height of six (6) feet within the front yard setback. However, for chain link type fences on agricultural zoned properties, the maximum height is ten (10) feet;
(2)
Limited to a maximum height of eight (8) feet in the side and rear yards. However, on agriculturally zoned properties, the maximum height is ten (10) feet;
(3)
In agricultural districts, these regulations shall not apply to agricultural property used for bona fide agricultural purposes.
(i)
Fences and walls in commercial and industrial districts may be erected as follows:
(1)
Limited to a maximum height of eight (8) feet within the front yard setback.
(2)
Limited to a maximum height of eight (8) feet in the side and rear yards.
(3)
When a lot or parcel abuts two (2) intersecting streets and the rear property line of the lot or parcel abuts the side property line of another lot or parcel, no fence of wall in excess of four (4) feet high along the rear property line shall be allowed within twenty-five (25) feet abutting the street right-of-way line unless the adjacent property owner sharing the common lot line submits a notarized letter stating that he has no objection and there are no site distance visibility concerns.
(j)
On any reversed corner lot (corner lot where the rear yard abuts the side of another lot) no part of any fence greater than four (4) feet in height shall be located within the required front yard setback of the adjacent lot as measured from the common corner of each lot. A maximum eight (8) foot high fence may be permitted along the hypotenuse of the triangle formed from the common corner. Fencing greater than four (4) feet in height but less than eight (8) feet in height within the visual triangle may be installed, provided there is no adjacent driveway.
(k)
On a lakefront lot, a fence or wall within the lake setback area shall be limited to a maximum height of four (4) feet.
(l)
Where grade elevations along adjoining properties differ, fence/wall height shall be measured from the finished ground floor elevation of the property having the higher ground floor elevation.
(m)
In all zoning districts, a fence may be permitted on a vacant parcel, provided the fence has less than fifty (50) percent opacity (except for a construction fence).
(P & Z Res., art. XXV, § 8; Ord. No. 95-20, § 10, 7-25-95; Ord. No. 98-37, § 26, 12-15-98; Ord. No. 2004-01, § 14, 2-10-04; Ord. No. 2008-06 , § 22, 5-13-08; Ord. No. 2016-19 , § 34, 9-13-16)