§ 62-2109. Fences, walls and other obstructions.

(a)

No fence or solid wall on any property shall exceed six feet in height in any residential zoning classification, eight feet in height in any agricultural, commercial, industrial or tourist commercial zoning classification, or ten feet in height (12 feet with a binding development plan) in any commercial, industrial or tourist commercial classification where located adjacent to a residential classification. However, wooden fencing within any residential zoning classification may be constructed to an additional three inches in height above that otherwise established within these land development regulations (e.g. 3' - 6", 4' - 0", 6' - 0") in order to facilitate linear cap features along the top edge and airflow along the bottom edge. In addition to linear cap features along the top edge of wooden fencing slats and vertical posts, decorative cap features of up to eight inches in height may be added at vertical fence post locations. However, where a residential lot abuts a property zoned commercial or industrial, a fence may be erected to a height not to exceed that otherwise permitted on the abutting commercial or industrial lot. These height limitations shall apply to all fences or solid walls, regardless of location on the property, except where further restricted as provided below.

(b)

No obstruction, including, but not limited to, signs (with less than eight feet between the bottom of the sign and the ground), fences, walls, hedges or other structures, shall exceed three and one-half feet in height within the sight triangle of a street intersection. The sight triangle, for the purposes of this section, shall be defined as a triangle which is at least ten feet in length along a local road or bike path, and at least 30 feet in length along a collector or arterial road. A portion of these restrictions may be waived at the discretion of the county manager or his designee if it can be shown that public traffic, bicycle and pedestrian safety can be adequately addressed with a smaller sight triangle.

(c)

In residential, commercial and tourist commercial zoning classifications, fences or walls shall not exceed four feet in height within the required front setback or within the required side street setbacks on a corner lot which is contiguous to a key lot that is less than 100 feet in width. 6-foot-high side street fencing, when allowed, shall not extend toward the subject lot's front lot line beyond a point even with the forward-most edge of the residential structure, excluding "snout" garages, porches or other features that protrude from the principal structure. In industrial and agricultural classifications, fences may be up to eight feet in height within the above described setbacks; except that, where such fence is within 25 feet of a street intersection or within 25 feet of the intersection of the subject property's driveway with the street, that portion of the fence exceeding four feet in height shall be non-opaque.

(d)

On double-frontage lots other than a corner lot or a waterfront lot, a six-foot fence may be placed on the rear property line adjacent to an arterial or collector road, and in such instances such lot would not be a double-frontage lot for setback purposes. If the abutting houses face or have access to the arterial or collector road, the exception set out in this subsection shall not apply.

(e)

Berms within the front setback, or within 25 feet of a street intersection, used in conjunction with fences or walls, shall be considered as included in the height restriction for such fences or walls. The height of a fence or wall shall be measured from finished grade prior to berming. The parcel's grade shall not be altered for the purpose of increasing the apparent height of the fence. The height of fences on property lines or parallel to property lines shall be measured from the lowest grade on either side of the property line. Where certain streets within the county have additional designated setbacks, subdivision walls, site perimeter buffer walls and other permanently constructed decorative structures shall be prohibited within such additional setbacks. Berms and landscaping may be utilized in lieu of such buffer walls and structures in order to accomplish site buffering.

(f)

Walls and fences shall be constructed so that the exposed framing, stringers and posts which support each section shall face the interior yard of the lot on which the fence or wall is placed, regardless of whether or not another fence already exists. However, shadowbox designs which indicate alternately located vertical wooden slats on the interior and exterior sides of the horizontal stringers may be approved.

(Code 1979, § 14-20.29; Ord. No. 95-41, § 1, 9-26-95; Ord. No. 97-27, § 1, 7-24-97; Ord. No. 98-50, § 1, 9-24-98; Ord. No. 2000-04, § 1, 1-11-00; Ord. No. 2003-38, § 1, 8-12-03)