A. Fences and walls may be erected, altered and maintained in accordance with the following location requirements:
(1) Fences and walls may only be placed in a public right-of-way by the authority having jurisdiction over the right-of-way, in accordance with generally accepted construction practices. These structures provide functions such as pedestrian and traffic safety, access limitation, retaining walls and noise abatement.
(2) Fences and walls may not restrict access to easements unless constructed in accordance with guidelines of, and with written permission of, the entity to which the easement rights were granted.
(3) Fences and walls must be located up to but not across an established property line unless a written agreement exists between the affected property owners, addressing maintenance of the fence and location of actual property lines. Such agreement shall be binding on all future property owners, heirs and assigns of the property, and shall provide for maintenance cross easements of no less than three feet.
B. Fences and walls may be erected, altered and maintained in accordance with the following height limitations:
(1) Fences and walls located within a clear sight triangle of intersecting streets shall not exceed three feet in height.
(2) Fences and walls located outside a clear sight triangle, but within a required front yard for a primary building, shall not exceed 3.5 feet in height, with the following exceptions.
(a) Fences on farms, as defined herein, may be up to six feet in height if at least 50% of the fence area is open area.
(b) Fences and walls installed as solid screening per §
§ 220-201B.
(c) Retaining walls, constructed to hold back or support an earthen berm, shall not be limited in height.
(d) Any portion of a retaining wall greater than four feet in height and within five feet of a property line shall be protected by a physical barrier, not less than three feet in height, on the upslope side of the retaining wall.
(e) Where a public thoroughfare is classified as an alley and its intersection with another public thoroughfare creates a corner lot, fences and walls within the required yard along the alley may be up to eight feet in height if located at least 10 feet from the alley right-of-way, and outside of the required front yard of the intersecting street.
(f) When two corner lots are situated in the same block in a manner that two houses face streets in opposite directions, and the backs of the two houses face each other, a fence up to six feet in height may be installed in the required front yard along the common street frontage between the two rear building lines.
(3) Fences and walls located within required side or rear yards shall not exceed six feet in height; however, the height limit may be increased to eight feet if the portion of the fence above six feet in height is at least 50% open area, with the following exceptions:
(a) Fences and walls installed as solid screening in accordance with
§ 220-201B.
(b) Retaining walls, constructed to hold back or support an earthen berm, shall not be limited in height.
(4) Fences and walls located anywhere on a lot where a primary building can be located are limited to eight feet in height, with the following exceptions that are not limited in height:
(a) Fences and walls erected for prison security.
(b) Fences having at least 50% open area for athletic fields and sports courts, such as tennis court enclosures and baseball backstops.
(c) Retaining walls constructed to hold back or support an earthen berm.
C. All fences and walls shall be erected, altered and maintained in accordance with Chapter 70, Building Construction and Safety Standards. Any fence or wall not limited in height by the provisions of this chapter may be limited in height by compliance with structural design criteria of the applicable construction code.