Sec. 2.16 Fences and walls | Frederick Land Use Code

Sec. 2.16. Fences and walls.

1. Intent. It is the intent of this Section to ensure that walls and fences are attractive and in character with the neighborhood.

a. Compatibility. Walls and fences shall be architecturally compatible with the style, materials and colors of the principal buildings on the same lot.

b. Visual interest. If used along collector or arterial streets, such features shall be made visually interesting by integrating architectural elements such as brick or stone columns, varying the alignment or setback, softening the appearance with plantings, or through similar techniques.

(1) In order to prevent mundane expanses of fencing, a fence must have a unique element located every fifty (50) feet.

(2) Retaining walls in residential districts:

(a) Adjacent to a local street are exempt from this requirement;

(b) Adjacent to a collector or arterial street and more than three hundred (300) square feet shall have a unique element every fifty (50) feet.

(3) Retaining walls in a non-residential zoning district and more than three hundred (300) square feet shall have a unique element every fifty (50) feet.

(1) Stone walls, brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls, and stone piers are encouraged.

(2) Solid walls and fences are permitted in rear and side yards of all zoning districts, provided they are not within the site distance triangle.

(3) Fences used within front setbacks of all zoning districts shall be at least fifty percent (50%) open. Allowable fences are split rail, wrought iron, picket or other opaque fences of a similar nature.

(4) Hedges may be used in the same manner and for the same purposes as a fence or wall.

(5) Solid fences shall be constructed to meet the wind design criteria of the currently adopted building code, using a basic wind speed of ninety (90) miles per hour.

(6) Other materials may be incorporated in fences and walls as may be approved by the Planning Director.

(7) Chain link fencing is permitted in the following instances:

(a) In the Industrial zoning district with the following restrictions:

i) The chain link is vinyl coated;

ii) It is no taller than eight (8) feet anywhere on the premises.

(b) Around a publicly owned recreation area with the following restrictions:

i) The chain link is vinyl coated.

ii) The fence is less than five (5) feet tall.

(1) Contemporary security fencing such as concertina or razor wire, barbed wire or electronically charged fences are prohibited unless specifically allowed by the Board of Trustees. Electric barrier fencing installed and used with a transmitter collar worn by a dog(s) for the purpose of maintaining the dog(s) within the owner or keeper’s premises shall be permitted.

(2) Chain link fencing with or without slats shall not be used as a fencing material except as identified in Section 2.16.2.c(7).

e. Retaining walls. Retaining walls shall be designed to resist loads due to the lateral pressure of retained material in accordance with accepted engineering practice and shall not be unsightly or detrimental to abutting property.

(1) Retaining walls are permitted where required for landscaping or architectural purposes.

f. Height limitations. Fences or walls shall be:

(1) No more than forty-two (42) inches high between the front building line and the front property line. For corner lots, front yard fence regulations shall apply to both street sides of the lot.

(2) No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes.

(3) No more than seven (7) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard.

(4) No more than seven (7) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of the house or connected to a courtyard.

(5) No more than thirty (30) inches high when located within the sight distance triangle, and fences or walls within this sight distance triangle shall not be solid.

(6) In the Industrial (I) zone district, a chain link fence may be up to eight (8) feet tall.

(7) Fences around a recreation court (e.g., tennis, squash racket, squash tennis or badminton) or around a publicly owned recreation area may exceed seven (7) feet in height if the fence is at least fifty percent (50%) open.

g. Maintenance. Dilapidated, unsightly, or dangerous fences, walls, or retaining walls shall be removed or repaired when so ordered by the Building Inspector or Community Service Officer.

3. Warranty period. Developers shall provide a warranty period for perimeter fences along arterial and collector streets of two (2) years. Provision for compliance shall be as outlined in the warranty section of the Memorandum of Agreement for Public Improvements (MOAPI). (Ord. 1145 § 15 (Exh. A), 2013; Ord. 1369 § 3, 2022)