§ 35-399.05. Front Yard Fence Height for General Commercial (C-3) and Industrial (L, I-1, I-2) Districts.


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  • Section 35-514 of the Unified Development Code limits the height of predominantly open fences within front yards to four (4) feet. Fences between four (4) feet and six (6) feet in height may be allowed on commercial "C-3" and industrial lots "L," "I-1" and "I-2," but only after consideration and approval of a special exception by the board of adjustment subject to the following:

    • If, however, the subject property is zoned historic, within a historic district or designated as a historic landmark, a request for a front yard fence taller than four (4) feet in height shall be considered by the board of adjustment as a variance, rather than as a special exception, but only after review and consideration by the historic and design review commission pursuant to Chapter 35, Article IV, Division 5.

    • If the subject property is within an overlay district which includes design standards that limit the height and/or design of front yard fences, a request for a front yard fence taller than four (4) feet in height shall be considered by the board of adjustment as a variance, rather than as a special exception.

    (a)

    General Fencing Requirements for Commercial "C-3" and Industrial Lots "L," "I-1" and "I-2." Any front yard fence approved by the board of adjustment as a special exception must adhere to the following conditions:

    Application for a special exception for a front yard fence over four (4) feet in height shall be filed by the owner or authorized agent with the department of planning and development services.

    A site plan drawn to scale shall be submitted with the application indicating the size, design, construction materials and location of the fence on the property.

    On a corner lot, or near a drive-way junction with a street, the fence shall be erected in back of the area designated by this chapter for clear vision area/intersection sight distance.

    The tallest element of the fence shall not exceed six (6) feet in height, as measured from the grade on the outside of the fence. In addition to the allowance for additional height, barbed wire may be added to said fence in accordance with Chapter 6, Article I, Section 6-2.

    The applicant shall comply with all other applicable codes and ordinances.

    (b)

    In granting a special exception for a front yard fence over four (4) feet in height, the board of adjustment may require the fence conform to such other conditions as the board may deem necessary to protect the character of the zoning district and neighborhood in which the lot is located.

    (c)

    In granting a special exception for a front yard fence over four (4) feet in height, the board of adjustment shall take into account the size and scale of the fence as it would relate to the scale of the neighborhood.

    (d)

    To be granted a request for a special exception, the request must meet the conditions set forth in subsection 35-482(h) of this chapter.

    (e)

    If a special exception for a front yard fence over four (4) feet in height is approved by the board of adjustment, the applicant/property owner shall secure all necessary permits prior to erecting the fence.

(Ord. No. 2009-01-15-0001, § 2, 1-15-09)