§ 3-9-72. Fences; walls.

(a)

In all residential districts except residential estate (RE), side and rear setback requirements shall not apply to fences and walls six (6) feet high or less behind the minimum front setback line, except for a corner lot where a side property line abuts a road, the setback shall be a minimum of seven and one-half (7½) feet of the property line and meet the requirements set forth in section 3-9-89, visibility at road intersections. Front setback requirements shall not apply to opaque fences or walls three (3) feet high or less or nonopaque fences or walls four (4) feet high or less. Fences and walls exceeding six (6) feet in height shall maintain the minimum setback requirements set forth in each zoning district.

(b)

In all nonresidential districts and the RE district, fences and walls located on lot lines shall not exceed eight (8) feet in height, except for a corner lot where a side property line abuts a road, the setback shall be a minimum of seven and one-half (7½) feet of the property line and meet requirements set forth in section 3-9-89, visibility at road intersections. Front setback requirements shall apply to opaque fences or walls for four (4) feet or higher. Fences and walls exceeding eight (8) feet in height shall maintain the minimum setback requirements set forth in each zoning district.

(c)

Fences charged with electricity are permitted only in agriculture (AG), and excavation and mining (EM) districts as well as in RE district with an approved special exception for agricultural uses.

(d)

Barbed wire fencing shall be permitted only:

(1)

In AG and EM districts;

(2)

In commercial and industrial districts on top of fences or walls; and

(3)

Around institutional uses and utility installations in any district.

(4)

In RE district with an approved special exception for agricultural uses.

(e)

Fences and walls exceeding six (6) feet in height shall be permitted and must maintain the minimum setback requirements set forth in each zoning district where the fence or wall is located.

(f)

For the purpose of this section, the height of the fence or wall shall be measured from the finished grade of the site, excluding berms.

(g)

All fences and walls shall be installed with the finished side facing the adjacent property or the public right-of-way. All fence posts must be located on the inside of the fence facing the property on which the fence is located unless the fence is designed and constructed to look the same on both sides. No element of fences and walls shall encroach on an adjacent lot or right-of-way.

(h)

Gates, columns, posts, and finials may exceed the maximum height of the fence by no more than one (1) foot. Pergolas or arches associated with a gate or entrance may be permitted up to ten (10) feet in height.

(i)

If the property abuts a waterbody, no fence or wall greater than four (4) feet in height shall be permitted closer than ten (10) feet to the mean high water line, seawall, or the property line, whichever is more restrictive.

(j)

Subdivision perimeter walls may be approved through a site plan review process without maintaining the minimum setback requirements set forth in each zoning district.

(Ord. No. 2015-008, § 1(Exh. A), 2-24-15)