5-135. Height and Location for Fences, Gates, and Walls Other than Retaining Walls.
A fence, gate, or wall (other than a retaining wall) that has been approved by the ARB in accordance with Section 5-143 may be constructed in District R-1 only if allowed in the following subparagraphs:
A. Rear Yard. Fences or walls may be constructed in the rear yard, except in the corner lot streetside greenspace, at the following heights and locations:
1. A solid or partially open fence or wall not exceeding more than six feet (6') in height may be located anywhere in the rear yard; and
2. A solid or partially open fence or wall not exceeding more than seven feet (7') in height may be located in the rear yard if approved by the ARB; provided, that the ARB shall not approve such a fence or wall, unless it finds that the requirements set forth in Section 5-146 exist and in considering such findings shall, in addition to other applicable factors, examine the following factors:
(b) Any unique topography or shape of the lot on which the fence or wall is to be located or any unique topography or shape of adjoining lots;
(c) The purpose for exceeding the established height limitation;
(d) Whether the proposed fence or wall is a replacement of an existing fence with board fences having similar characteristics, i.e., height, materials and location;
(e) The length of the proposed fence or wall that will exceed the established height limitation;
(f) The safety of the property owner and neighborhood; and
(g) The adverse impact, if any, upon the adjoining properties.
B. Side Yard. Fences or walls may be constructed in the side yard, except in the corner lot streetside greenspace, at the following heights and locations:
1. A solid or partially open fence or wall not exceeding more than four feet (4') in height may be located anywhere in the side yard;
2. A solid or partially open fence or wall not exceeding more than six feet (6') in height may be constructed in the side yard, provided that it is set back at least fifteen feet (15') from the front yard.
C. Front Yard. No fence, wall, or gate may be located in the front yard, except for a courtyard fence, wall or gate subject to each of the following requirements that the courtyard fence, wall or gate:
1. Shall not be closer than thirty feet (30') to any public right-of-way and shall not extend beyond either side of the principal building.
2. Shall not exceed three feet (3') in height.
3. Shall be compatible with the style of the principal building, and limited to the following types of materials: wood, brick, stone or ornamental metal.
4. Shall not connect with any other fence on the property.
5. Shall not create an area which is completely enclosed without an opening to the yard that is at least three feet (3') in width.
D. Corner Lot Streetside Greenspace. Walls are prohibited in the corner lot streetside greenspace. Fences may be constructed in the corner lot streetside greenspace at the following heights and locations:
1. A solid or partially open fence not exceeding five feet (5') in height may be constructed in the corner lot streetside greenspace, provided it extends no further from the principal building than thirty percent (30%) of the distance from the street (back of curb) to the point of the principal building that is closest to the street, as depicted in Figure 5-135.D below (for illustrative purposes only);
2. An ornamental metal fence not exceeding five feet (5') in height with a minimum of seventy-five percent (75%) open area allowing an unobstructed view through each section of the fence may be constructed in the corner lot streetside greenspace, provided it extends no further from the principal building than fifty percent (50%) of the distance from the street (back of curb) to the point of the principal building that is closest to the street, as depicted in Figure 5-135.D below (for illustrative purposes only).
Figure 5-135.D.
Notwithstanding anything to the contrary in this Section 5-135, fences are prohibited in the right-of-way. [Ord. 1504, 12-10-18.]