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Johnston City Zoning Code

CHAPTER 184

FENCING AND WALL STANDARDS

184.01 GENERAL PROVISIONS

  • 1.
     All fences and walls shall be maintained and kept safe and in a state of good repair.
  • 2.
    On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of two and one-half (2½) feet and 10 feet above the centerline grades of the area described as follows: that area bounded by the street right-of-way lines of a corner lot and a straight line joining points on said right-of-way lines 25 feet from the point of intersection of said right-of-way lines.
    • Figure 184.1 Visual Triangle
    Visual Triangle
    1. 3.
      Fences and walls erected shall be erected with the finished side facing away from the center of the property unless other arrangements exist in writing between property owners that share a common boundary where the fence is proposed. The Building Official shall make interpretation of conformance.
    2. 4.
      Provision shall be made for gates or openings to provide maintenance access where necessary, such as double frontage lots.
    3. 5.
      Privacy panels for decks and patios shall be adequately secured to the ground, deck, or patio and shall adhere to the fencing standards listed in this Chapter. In no situation shall a privacy panel exceed six (6) feet in height.

    Effective on: 5/1/2023

    184.02 PLACEMENT

  • 1.
    Fences and screening walls shall be located upon the property of the person constructing or causing the construction of such fence and shall not encroach on adjacent property without the written permission of the adjacent property owner.
  • 2.
    Fences and screening walls may be placed up to the rear and side lot lines.
  • 3.
    Fences and screening walls in the front yard shall be placed at least two (2) feet from any public right-of-way. Fences and walls in the M districts may be located up to the lot line.
  • 4.
    Fences and screening walls may be placed on that portion of a lot which is encumbered by drainage and utility easements at the risk of the property owner. If located within a drainage easement, the fence or wall shall not obstruct the free flow of water. If, for any reason, the fence or wall needs to be removed by the City or any agent of the City for drainage and/or utility concerns, the removal, repair, and/or replacement shall be at the property owner’s expense.

    • Effective on: 5/1/2023

    184.03 HEIGHT

  • 1.
    Fences and screening walls shall be subject to the following maximum heights:
    1. A.
      10 feet in any M District.
    2. B.
      Eight (8) feet in the E-2 district.
    3. C.
      Six (6) feet in all other zoning districts.
  • 2.
    Except within any M district, the following conditions shall also apply to any fence or screening wall:
    1. A.
      Between the front property line and the front building line of the building, fences and screening walls are limited to four (4) feet.
    2. B.
      On corner lots, the maximum height of fences and screening walls located behind the rear building line of the principal structure is four (4) feet between the property line and a point halfway between the property line and the required corner side setback.
    3. C.
      On a double frontage lot, fences and screening walls are limited to four (4) feet on the side from which driveway access is obtained.
    • Figure 184.2 Fence Height
    Fence Height

    Effective on: 5/1/2023

    184.04 MATERIALS

  • 1.
    Fences may be constructed of wood, vinyl, composite, metal, or other similar material.
  • 2.
    Walls may be constructed of masonry, brick, or other similar material.
  • 3.
    Barbed or electrified wire is permitted as follows:
    1. A.
      Within the A-R or CD districts.
    2. B.
      Within the M districts above seven (7) feet.
    3. C.
      Within any R district, provided the property is being used for agricultural purposes or the keeping of non-domestic animals within the AK Overlay District.
  • 4.
    Razor wire is prohibited.

    • Effective on: 5/1/2023

    184.05 RETAINING WALLS

  • 1.
    Retaining walls exceeding four (4) feet in height shall be designed by licensed engineer.
  • 2.
    A building permit is required for any retaining wall exceeding four (4) feet in height.
  • 3.
    Placement
    1. A.
      Retaining walls shall be located upon the property of the person constructing or causing the construction of such wall and shall not encroach on adjacent property without the written permission of the adjacent property owner.
    2. B.
      Retaining walls may be placed up to the rear and side lot lines.
    3. C.
      Retaining walls in the front yard shall be placed at least two (2) feet from any public right-of-way.
  • 4.
    In the case of retaining walls supporting embankments, the above requirements shall apply only to that part of the wall above the ground surface of the retained embankment.
  • 5.
    Railings shall be required on retaining walls over 30 inches in height if the wall is within three (3) feet of a walking surface.

    • Effective on: 5/1/2023

    184.06 SPECIAL EXCEPTION

  • 1.
    The Board of Adjustment may consider a special exception to the restrictions of Subsection 184.03.2.C, except to the maximum height requirement of six (6) feet, in instances where:
    1. 1.
      On a corner lot, where the proposed fence or screening wall does not affect the continuity of neighboring front yards.
    2. 2.
      On any lot, where the proposed fence or screening wall is adjacent to a collector or major arterial street as defined in the Comprehensive Plan.
  • 2.
    The review process for the special exception request shall follow the procedure detailed in CHAPTER 190 LAND USE PROCEDURES, except that notice may be mailed to only adjacent property owners, unless in the opinion of the Zoning Administrator, a broader dissemination of notice is appropriate.
  • 3.
    In addition to the review criteria for special exceptions listed in Section 190.03, the Board of Adjustment may consider the following condition in the review and approval of a special exception, but is not limited to this consideration:
    1. A.
      Whether the size, configuration or other unusual characteristics of the lot requires an exception from the zoning requirements in order to provide a reasonable enclosed area without creating significant harm to adjacent properties or the neighborhood.
    2. B.
      The Board may impose greater design standards such as fencing materials.

    • Effective on: 5/1/2023