Elizabethtown City Zoning Code
FENCE AND
WALL REGULATIONS
§ 154.230 INTENT AND PURPOSE.
The intent of this subchapter is to improve the appearance and safety of property by ensuring that fences are erected in a manner so that they do not become a visual nuisance or safety hazard and to promote public health and safety.
(Ord. 06-2008, passed 6-16-2008, § 8.0)
§ 154.231 FENCES AND WALLS.
(A) Walls and fences shall not be permitted any closer to the street than the yard setback as established by the record subdivision restrictions or any closer than the house/principal structure when no private subdivision restrictions are recorded in a residential or business zone, except for permitted schools, cemeteries and government buildings. Permitted side and rear yard fencing and walls shall not contain any barbed wire or electric fencing when in a residential zone. Maximum fence height shall not exceed eight feet.
(B) Where a lot abuts a publicly dedicated alley, a wall or fence shall be permitted to be located on the property line in the yard that abuts the alley, provided any gate swings in toward the property.
(C) Walls and fences shall be permitted in any yard in an industrial zone. There shall be no height restriction placed on any wall or fence erected or maintained in industrial zones, and any barbed wire construction shall be not less than six feet above ground level.
(1) Walls and fences, corner lots.
(a) When a lot is a corner lot, it shall have two front yards. For the purposes of fencing regulations only, the yards are defined as follows: the primary front yard (the front yard adjacent to the principal exposure of the principal structure) and the secondary front yard (the front yard adjacent to the side exposure of the principal structure).
(b) Fences may be allowed in the secondary front yard in conformance with the following provisions:
1. No closer to the street than the yard setback as established by the record subdivision restrictions or any closer than one-half the distance between the house/principal structure and the lot line, whichever is less restrictive;
2. Permitted secondary front yard fencing and walls shall not exceed six feet in height and shall not contain any barbed wire; and
3. No fencing or walls shall be allowed in the primary front yard unless meeting the requirements for primary front yard fencing as found elsewhere in this chapter.
(2) Walls and fences, double frontage lots.
(a) When a lot is a double frontage lot, it shall have two front yards. For the purposes of fencing regulations only, the yards are defined as follows: the primary front yard (the front yard adjacent to the principal exposure of the principal structure) and the secondary front yard (the front yard adjacent to the rear exposure of the principal structure).
(b) Fences may be allowed in the secondary front yard in conformance with the following provisions:
1. No closer to the street than the yard setback as established by the record subdivision restrictions or any closer than one-half the distance between the house/principal structure and the lot line, whichever is less restrictive;
2. Permitted secondary front yard fencing and walls shall not exceed six feet in height and shall not contain any barbed wire; and
3. No fencing or walls shall be allowed in the primary front yard unless meeting the requirements for primary front yard fencing as found elsewhere in this chapter.
(3) Decorative/ornamental fences. Decorative/ornamental fencing may be placed in the primary and secondary front yards under all the following conditions.
(a) Maximum height shall not exceed 42 inches, measured from the adjacent finished grade to the top of any vertical or horizontal slat/picket or similar member. No variance from this maximum restriction may be obtained.
(b) Corner posts and/or columns may have a maximum height of 48 inches, measured from the adjacent finish grade to the top of the post or column. Lighting fixtures are exempted from this maximum height. No similar ornamental features may exceed this height.
(c) Fencing material may not block access to any public sidewalk or way.
(d) Fencing material may not project into any sight triangle as defined elsewhere in this chapter.
(e) Decorative ornamental fencing may include wrought iron, wood, vinyl, extruded polymer, aluminum or similar materials. Materials other than those noted require Commission approval before installation may take place.
(f) Columns/posts may include wrought iron, wood, vinyl, extruded polymer, aluminum, brick, natural or cultured stone, split face masonry units or other similar materials. Materials other than those noted require Commission approval before installation may take place.
(g) Materials not approved as decorative fencing include chain link, vinyl coated chain link, rolled (welded) wire, chicken wire, warning barrier, rabbit guard, garden netting, poultry netting or other similar materials.
(Ord. 06-2008, passed 6-16-2008, § 8.1; Ord. 08-2009, passed 7-6-2009)
§ 154.232 SUBDIVISION IDENTIFICATION SIGN/SIGNATURE ENTRANCE.
(A) Each entrance to the subdivision or section of the subdivision may have no more than two signs per entrance.
(B) A subdivision identification sign/signature entrance is any wall(s), fence(s), guard house or similar structure at an entrance to any subdivision.
(1) The sign/entrance shall not obstruct the natural roadside drainage or through drainage facilities and allow for adequate sight distance. The Engineering Department may require the location of the proposed sign/entrance be staked in the field and approved prior to construction.
(2) Signs/entrances shall not be permitted within utility or drainage easements without prior approval from the agency to which the easement has been dedicated.
(3) Signs/entrances shall not be permitted within the right-of-way of an arterial or collector street except those collector streets functioning as the primary entrance to the proposed development and provided that approval from the Engineering Department and any other appropriate authority is obtained.
(4) Signs/entrances may be located within the right-of-way of a local street if approved by the Engineering Department.
(5) Encroachment permits and proof of permanent maintenance must be received for any sign/entrance to be located within a right-of-way prior to permit approval.
(6) Prior to construction of any sign/entrance within a right-of-way, an indemnity agreement must be provided by the developer or owner to the city. Such agreement shall conform to the format approved by the Commission.
(7) Any public agency responsible for maintenance of facilities within the right-of-way may require, for any reason, the removal of a sign/entrance located within the right-of-way. The removal shall be done at the owner(s) expense and within 30 days from receiving written notice.
(8) Length: the maximum length of a sign/signature entrance shall not exceed 100 feet on each side of the entrance roadway. Any structure extending beyond this length shall be considered a fence or wall and the requirements for walls and fences shall apply.
(9) Proximity to structure on lot and driveways: signs/entrance shall be constructed a minimum of 20 feet from any dwelling or driveway entrance.
(10) Landscaping: in order to mitigate the visual impact of sign structures on adjacent vehicular corridors and land uses, any sign/entrance equal to or greater than eight feet in height shall have plantings adjacent to at least 50% of its exterior facade. Such plantings shall conform to the standards of size, materials and quality as set forth in the landscaping regulations of the zoning chapter.
(Ord. 06-2008, passed 6-16-2008, § 8.2)