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Thread: Fence height within buildable area

  1. #1
    Cyburbian Streck's avatar
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    Fence height within buildable area

    Our ordinance restricts fence height to 6 feet. However, when the fence is within the Buildable Area, is the fence height still limited to six feet, or can it be any height allowed within the Buildable Area, ie, up to 35 feet?

    We have typically assumed that fences are on the property line, however, some may be pulled back to allow for utility easements to be outside of the fenced area, or cut across the back of the property when the owner just wants to fence in part of his yard.

    What about fencing in an area such as a tennis court? Is it limited to 6 feet, and must the owner get a Variance, or is it permitted outright as an element within the Buildable Area?

  2. #2
    Cyburbian Richmond Jake's avatar
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    In my opinion, if the fence is outside the minimum required setbacks, the fence should be permitted to the maximum allowed height for the zone district without a variance or special exception.
    Habitual Offender

  3. #3
    Cyburbian Coragus's avatar
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    A fence is a stand alone barrier and defined differently than the wall of a house. Fence ordinances that I'm familiar with, including my own, don't make allowances for taller fences for being inside the building envelope. I would interpret your ordinance as restricting fences to a height of 6'.

    As for your question about fences around athletic facilities, I have normally seen something like this handled as a site plan amendment.

  4. #4
    Cyburbian dvdneal's avatar
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    6' is the standard fence height. Anything more might require a building permit and a properly done foundation. Which is why most codes restrict it to 6'. Athletic fences might get a pass. My old code had a specific pass for them, but they had to meet setback requirements. Site planning is another great way to get special things like backstops.
    I don't pretend to understand Brannigan's Law. I merely enforce it.

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