§ 35-399.04 — Fence Height Modifications

Sec. 35-399.04. - Fence Height Modifications.

Section 35-514 of the Unified Development Code limits the height of fences. Fence heights higher than those prescribed in section 35-514 may be allowed, but only after consideration and approval of a special exception by the board of adjustment. In no case shall the board of adjustment grant a special exception on a residentially zoned property for a fence higher than eight (8) feet, nor shall the board of adjustment grant a special exception on a commercially or industrially zoned property for a fence higher than nine (9) feet. Requests for fences higher than these allowances shall require a variance. (a) General Requirements. Any fence approved by the board of adjustment for a height modification as a special exception must adhere to the following conditions: 1. Application for a special exception for height shall be filed by the owner or authorized agent with the department of development services. 2. 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. 3. The fence shall not be erected within the fence clear vision area designated by subsection 35-514(a)(2). 4. The tallest element of the fence shall not exceed eight (8) feet in height on residentially zoned properties or nine (9) feet in height for commercially and industrially zoned properties, as measured from the grade on the outside of the fence. For the purposes of this condition, the tallest element shall include the top of any column, pillar or post, but shall not include any fixtures or other decorative features attached to the top of any columns, pillars or posts. 5. If the property is zoned historic, is located within a historic district, or is designated as a historic landmark, the design of the fence must be approved by the historic preservation officer (or their designee) prior to the granting of the requested special exception. 6. If the property is located within a neighborhood conservation district or corridor overlay district, the design of the fence must meet all requirements of that district in order to be considered for a special exception. 7. The applicant shall comply with all other applicable codes and ordinances, including engineering requirements, as applicable. (b) In granting a special exception for 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, including limitations on building materials, design, and open space requirements. (c) In granting a special exception for 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, as well as abutting roadways and land uses. (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 height is approved by the board of adjustment, the applicant/property owner shall secure all necessary permits prior to erecting the fence.

(Ord. No. 2015-12-17-1077, § 2, 12-17-15)