Sec. 9.9. Fences and Walls

9.9.1. Height

A. The maximum height of a fence or wall shall be as shown in the table below, unless:

1. A higher fence or wall is allowed by other provisions of this Ordinance; or

2. The fence is associated with a recreational facility, such as a tennis court; or

3. The fence is associated with an electrical substation; or

4. As otherwise required by another local, state, or federal government rule or law.

Fence or Wall Location

Maximum Height, in Feet

Rural

Other Tiers

Street FrontageClosed The boundary of a property adjacent to one side of a street.

 

 

By Right, Non-Electric

8

4

Street FrontageClosed The boundary of a property adjacent to one side of a street. – Corner Lot Side Street

 

 

By Right, frontage along buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. side starting at front building lineClosed The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building.

8

6

With a Minor Special UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit:

 

 

Electric

10

10

No Street FrontageClosed The boundary of a property adjacent to one side of a street.

 

 

By Right, Non-Electric

8

8

By Right, Electric

10

10

 

B. Fences or walls located between the structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the public or private street, and located up to 50 feet from the street, shall use the “street frontageClosed The boundary of a property adjacent to one side of a street.” standards, except for the following which shall utilize the “no street frontageClosed The boundary of a property adjacent to one side of a street.” standards:

1. Fences or walls located behind the rear building lineClosed The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. of a primary structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

2. Fences or walls that are non-electric and are located along a side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. located beyond the minimum or maximum street yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., as applicable.

C. Posts, columns, or other similar vertical fence or wall supports, including lighting and ornamentation on top of supports, shall be exempt from height requirements. To maintain the exemption, material shall not span from one support to another above the maximum height allowed.

D. Exception to Requirement of a Minor Special Use Permit

When a certificate of appropriateness (COA) is required for a fence or wall, a minor special use permit is not required.

E. Sight distance triangles shall be maintained pursuant to paragraph 12.3.1D, Sight Triangles.

9.9.2. Fences

A. A finished side of all fences shall face off site. If support posts are located or visible on one side only, that side shall be deemed the unfinished side.

B. Razor wire, concertina wire, barbed wire, and similar fencing materials shall be prohibited as follows:

1. In all residential districtsClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. and in sites adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to residential uses, except in the Rural Tier; and

2. In the SRP-C District (County Only), all Design districts and the CI District.

3. Exception

Barbed wire is allowed where associated with a major or minor utility.

C. Uncoated chain link fencing shall not be permitted within the CI District.

D. Electric Fences

1. Exemption

Underground electric fences shall be exempt from the requirements of this section.

2. Uses and Locations

a. Electric fences shall be allowed in conjunction with following uses:

(1) Government facilities in paragraph 5.2.4D, Government Facilities;

(2) Utilities in paragraph 5.2.4J, Utilities; and

(3) Industrial uses in paragraph 5.2.6, Industrial UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Categories.

b. Electric fences are not permitted within Design districts.

c. A minor special use permit is required for electric fences located within “street frontageClosed The boundary of a property adjacent to one side of a street.” as referenced in the table in paragraph 9.9.1A.

d. An electric fence shall be allowed in conjunction with a use or location not otherwise authorized by this section if it is required by the state or federal government.

3. General Standards

a. Electric fences shall only be battery-powered with a maximum 12-volt direct current.

b. The electric charge producedClosed A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. by an electric fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electro Technical Commission (IEC) Standard No. 60335-2-76, latest edition.

c. Electric fence cabling and wires shall not be connected to an overhead power line post.

d. An electric fence shall not interfere with overhead utility lines or the maintenance of those lines.

e. An electric fence shall not interfere with the transmission of power, telephone, radio, television, or data.

f. The electric fence system shall contain a cut-off switch capable of disconnecting the electric fence in its totality from all energizers. Such switch shall be clearly marked and easily observable and accessible from a primary path of entry for emergency and enforcement personnel.

g. Warning signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be installed.

4. Perimeter Wall or Fence
a. General

(1) A perimeter fence or wall shall be required.

(2) An electric fence shall be completely interior to the perimeter non-electric fence or wall.

(3) When the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property is a residential districtClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use, the perimeter fence or wall visible from that property shall be either:

(a) A minimum 80% opaque; or

(b) Located behind an evergreen hedge that achieves a minimum height of six (6) feet and 80% opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. within three (3) years of planting; or

(c) Located behind an existing or proposed project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

(4) The lowest portion of a perimeter fence or wall shall be constructed so that no space exists between the ground and the fence or wall.

b. Spacing

(1) An electric fence shall be separated from the perimeter fence or wall, except at gate openings, by either four (4) to eight (8) inches or more than three (3) feet.

(2) Except at gates, no part of a perimeter fence or wall shall contact the electric fence.

(3) The area between the electric fence and perimeter fence or wall shall be unobstructed.

c. Height

An electric fence shall be at least two (2) feet taller than the perimeter fence or wall.

9.9.3. Walls

A. Walls shall be constructed of one or a combination of the following materials: stucco over concrete blockClosed A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings., exposed aggregate concrete, brick, stone, or architectural blockClosed A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. in a structurally safe and attractive condition. Alternative walls may be permitted with the approval of the Planning Director, or designee, if such alternative walls provide a similar level of opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. to that of the listed materials and are in keeping with the architecture of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. No walls of exposed, plain or painted-only concrete cinder blockClosed A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. shall be permitted.

B. No wall shall be located within any required drainage, utility or similar easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

C. Pedestrian connections through walls that connect to adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. neighborhoods or other uses shall be allowed.

9.9.4. Retaining Walls

A. Retaining walls can be located within required yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

B. Retaining walls built to support a gradeClosed A land disturbing activity that modifies the contours of the land. eight feet or more higher than the gradeClosed A land disturbing activity that modifies the contours of the land. at the interior edge of the project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall also be set back 10 feet from the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

9.9.5. Design District Additional Standards

A. Fences and walls shall incorporate materials, elements, or details of the architecture found on-site. If no structures are found on-site, fences shall be a decorative metal in a picket style with black finish.

B. Retaining walls over four feet high shall be terraced when located along the street frontageClosed The boundary of a property adjacent to one side of a street. or within the street yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

C. Fences and walls shall incorporate changes in plane, height, texture, material, finish, or significant landscape massing to minimize visual monotony.

Commentary:  Interest and variety can be provided through the use of offsets, pilasters, columns, and insets, as well as through the artful combination of architectural materials.

D. Uncoated chain link fences (with or without any type of inserts) shall not be permitted. Coated chain link fencing shall only be permitted for use at recreational facilities.