I am working on a set of amendments for a community, and one of the questions is regarding the height of a fence. While not explained in the ordinance, past practice in this community is to measure the height of the fence on the side of the applicant’s property. There are two other vague sections that relate to screening which says that it is x number of feet from the side to be screened, but otherwise it is not adequately explained.
We however have a situation where a 3 foot high retaining wall was put up by property owner A, and property owner B is now putting up a 6 foot fence on the line, which is at the edge of the wall. However, said fence measures 9 feet if measured on property owner A’s side. Now, property owner A wants owner B to cut 3 feet off the fence, even though property owner B has no control over the elevation of property owned by property owner A.
Do you measure right at the base of each post, a few feet out on one side or the other, at the lowest point, or something else?