§ 60-250. Fences and walls.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fence means an enclosed barrier consisting of wood, plastic, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(1)

Architectural or aesthetic fence means a fence constructed to enhance the appearance of the structure or the landscape, with its decorative or finished side facing the adjoining lots or streets.

(2)

Boundary fence means a fence placed along the property lines of adjacent properties.

(3)

Protective fence means a fence constructed to enclose a hazard to the public health, safety and welfare.

(b)

Fence construction. Fences and walls may be located as follows:

(1)

Solid fences and walls shall not be more than six feet in height and shall be constructed off the lot line by one foot.

(2)

Fences and walls shall not exceed 3½ feet in height when located in a front yard or in the street side yard of a reversed corner lot.

(3)

Fences and walls shall not exceed 2½ feet in height when located within a vision clearance triangle as defined in section 60-33(c).

(4)

Finished sides of fences shall face the adjoining property owner.

(c)

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair.

(d)

Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section.

(e)

Nonconforming fences. Any fence existing on the effective date of this Code and not in conformance with this section may be maintained, but any alteration, modification or improvement of more than 50 percent of said fence shall result in the entire fence being brought into compliance with this section.

(f)

Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his property.

(g)

Retaining walls. Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls, and provided further that along a street frontage no such wall shall be closer than three feet to the property line.

(Code 2006, § 13-1-141)