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7 Fences and Walls

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
Fences and walls located outside of the minimum front, rear and/or side yard setbacks, as shown in
Section 6.1,Tables of Density and Dimensional Standards, may be erected to any height permitted for
buildings in the respective zone district, also indicated in Section 6.1.
(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 feet in height unless
specifically approved as part of a buffer under Section 7.2.3, or approved by the Town Council as part
of a site plan, preliminary subdivision plat or Special Use Permit, or approved by the Zoning Board of
Adjustment as part of a variance. Columns and entry features shall not exceed 12 feet in height. These
features shall be located outside of required sight distance triangles.
(C) Landscape Screening of Fences and Walls
Fences and walls taller than 42 inches and located within 30 feet of a thoroughfare or collector street
right(s)-of-way shall meet the following landscape requirements:
(1) One shrub shall be installed for each five feet of property frontage along a thoroughfare or
collector street. Shrubs shall be evergreen and shall be a minimum of 18 to 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 42 inches or more above an established grade are also required to meet the
above screening requirements.
(3) A building permit shall be obtained for walls 60 inches in height or higher.
(4) A fence permit shall be obtained for fences adjacent to thoroughfare or collector street right(s)-of-
(D) Maintenance
The owner of the property (or other party responsible for maintenance as depicted on the approved site
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 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) Finished Side Towards Right(s)-of-Way
Fences and walls shall be constructed such that exposed framing faces the interior yard and not a
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 30 feet of a
thoroughfare or collector street right-of-way shall be installed a minimum of five feet (preferably 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.
________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
All retaining walls over 30" in height and steep grade changes at a 1:1 ratio or greater, which are
located within 5 feet of a sidewalk or other constructed system designed and placed as to direct public
pedestrian traffic or provide vehicle access or parking which would attract or facilitate public
pedestrian traffic shall include guard rails or other acceptable fencing/barricade measuring a minimum
36" in height. Guard rails shall be constructed with intermediate rails or ornamental closures with no
opening larger than 4" apart. Residential or commercial lawn areas and similar landscaping may be, at
the discretion of the Zoning Compliance Officer, be considered as public pedestrian traffic areas.
7.2.8 Screening

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