Fence issue in FFX county.................Anyone ever face the same issue?

[ICS67]

Originally Posted by Caladium

Thinking outside the box.... you could try claiming that you've had problems with deer running through the yard and into the street, and the higher fence keeps them from doing that. I have no idea if that would work or not, but it's a thought.

Nice idea, but the generally accepted rule of thumb is that a fence has to be at least eight feet high to be considered deer-proof. Bambi & Co. can easily jump over a five or six-foot tall fence.

[Thinking-man]

Originally Posted by TyroneBiggums

If you are on a fairly busy street, I would argue that the fence provides screening from traffic (privacy and noise abatement). If you have kids or pets, you can say that it helps keep them away from the street. I'm not sure where you live, but I've seen pedestrians use other's yards as cut-throughs, particularly on a corner (goes back to privacy, but in this case, for foot traffic). My advice is that you approach this as though there was no fence and you were going to build one. Why do you want it there? Why should they give you permission to build it? Keep in mind that in order to get an exception, you need to make a very strong argument.

You mentioned that the fence does not run the length of the yards, nor does it obstruct visibility. It may be possible that there was an exception in place already (although the inspector should have already known that).

thanks.
well, we built the fence to ensure privacy......people (walking) always used to stop in front of the house and just stare inside the yard or at the house. now, they can't. (maybe that's why he/she was bothered and reported it. lol)
i'd say that's our 'real' reason. as far as the 'strong' argument, here's my compiled list of possible ones:

- religious reasons.....we don't want people looking at our women! lol
- People walking through the front yard without the fence (position of the fence makes this hard to prove)
- Deer running through the yard
- street too noisy (how do i prove that a 5/6 foot fence is that much more effective than a 4 ft fence?)
- fence was already on the house when bought (not true)
- want to establish a day care so need additional privacy for the kids
- problem with kids coming onto the property and stealing things

Any thoughts on the above 'reasonings'? which is the strongest? Any to add?

[TyroneBiggums]

Originally Posted by Thinking-man

thanks.
well, we built the fence to ensure privacy......people (walking) always used to stop in front of the house and just stare inside the yard or at the house. now, they can't. (maybe that's why he/she was bothered and reported it. lol)
i'd say that's our 'real' reason. as far as the 'strong' argument, here's my compiled list of possible ones:

- religious reasons.....we don't want people looking at our women! lol
- People walking through the front yard without the fence (position of the fence makes this hard to prove)
- Deer running through the yard
- street too noisy (how do i prove that a 5/6 foot fence is that much more effective than a 4 ft fence?)
- fence was already on the house when bought (not true)
- want to establish a day care so need additional privacy for the kids
- problem with kids coming onto the property and stealing things

Any thoughts on the above 'reasonings'? which is the strongest? Any to add?

First, you should probably be serious.

Second, check the zoning ordinance. More specifically, Article 10, section 10-104, section 3:

Except as may be qualified by Sect. 2-505, a fence or wall may be located as follows. Such regulations shall not be deemed to negate the screening requirements of Article 13.

A. In any yard on any lot containing not less than two (2) acres located in the R-A through R-1 Districts, a fence or wall not exceeding seven (7) feet in height is permitted.
B. In any front yard on any lot, a fence or wall not exceeding four (4) feet in height is permitted. However, in that portion of a front yard on a residential corner lot that abuts a major thoroughfare, a solid wood or masonry fence or wall not exceeding eight (8) feet in height, located flush to the ground, may be permitted, provided that:

1. the driveway entrance to the lot is from a street other than the major thoroughfare and the principal entrance of the dwelling faces a street other than the major thoroughfare, and
2. the lot is not contiguous to a lot which has its only driveway entrance from the major thoroughfare or service drive adjacent to the major thoroughfare.

The fence shall not extend into the front yard between the dwelling and the street other than the major thoroughfare and shall also be subject to the provisions of Sect. 2-505.

In addition, an increase in fence height in the front yard up to six (6) feet may be permitted with the approval of a special permit by the BZA in accordance with Part 9 of Article 8.

Does your situation fit in that description? If it does, then you may not even need an exception. If not, take a look at Article 8, section 8-923, paragraph 3 of the zoning ordinance:

The BZA shall determine that the proposed fence and/or wall height increase is warranted based upon such factors to include, but not limited to, the orientation and location of the principal structure on the lot, the orientation and location of nearby off-site structures, topography of the lot, presence of multiple front yards, and concerns related to safety and/or noise.

That should tell you what argument is going to be effective in getting an exception.

[Thinking-man]

Originally Posted by TyroneBiggums

First, you should probably be serious.

Second, check the zoning ordinance. More specifically, Article 10, section 10-104, section 3:

Except as may be qualified by Sect. 2-505, a fence or wall may be located as follows. Such regulations shall not be deemed to negate the screening requirements of Article 13.

A. In any yard on any lot containing not less than two (2) acres located in the R-A through R-1 Districts, a fence or wall not exceeding seven (7) feet in height is permitted.
B. In any front yard on any lot, a fence or wall not exceeding four (4) feet in height is permitted. However, in that portion of a front yard on a residential corner lot that abuts a major thoroughfare, a solid wood or masonry fence or wall not exceeding eight (8) feet in height, located flush to the ground, may be permitted, provided that:

1. the driveway entrance to the lot is from a street other than the major thoroughfare and the principal entrance of the dwelling faces a street other than the major thoroughfare, and
2. the lot is not contiguous to a lot which has its only driveway entrance from the major thoroughfare or service drive adjacent to the major thoroughfare.

The fence shall not extend into the front yard between the dwelling and the street other than the major thoroughfare and shall also be subject to the provisions of Sect. 2-505.

In addition, an increase in fence height in the front yard up to six (6) feet may be permitted with the approval of a special permit by the BZA in accordance with Part 9 of Article 8.

Does your situation fit in that description? If it does, then you may not even need an exception. If not, take a look at Article 8, section 8-923, paragraph 3 of the zoning ordinance:

The BZA shall determine that the proposed fence and/or wall height increase is warranted based upon such factors to include, but not limited to, the orientation and location of the principal structure on the lot, the orientation and location of nearby off-site structures, topography of the lot, presence of multiple front yards, and concerns related to safety and/or noise.

That should tell you what argument is going to be effective in getting an exception.

Thank you so much for searching for and posting that information.
I can't say that i understand 100% of what you posted....but here's the situation.....The garage door is on the main street and the only driveway to the garage is from the 'main' street. The house door is on the other street. (not much difference between the two streets as far as traffic....the main street is a bit wider though). The fence is along the main street for about half of the lot, and then closes into the house.

Given the above info, what do you think?

here's an image of the exact situation i found on google maps.

[TyroneBiggums]

Originally Posted by Thinking-man

Thank you so much for searching for and posting that information.
I can't say that i understand 100% of what you posted....but here's the situation.....The garage door is on the main street and the only driveway to the garage is from the 'main' street. The house door is on the other street. (not much difference between the two streets as far as traffic....the main street is a bit wider though). The fence is along the main street for about half of the lot, and then closes into the house.

Given the above info, what do you think?

I think you should call the county and ask about a zoning exception. Please don't ask how to frame an argument to successfully obtain one. You're going to have to talk to the folks at the county to get an idea of what they are looking for. Most likely the will refer you to the zoning ordinance.

If you don't want to look through all that, then call your district supervisor.

[Thinking-man]

Originally Posted by TyroneBiggums

I think you should call the county and ask about a zoning exception. Please don't ask how to frame an argument to successfully obtain one. You're going to have to talk to the folks at the county to get an idea of what they are looking for. Most likely the will refer you to the zoning ordinance.

If you don't want to look through all that, then call your district supervisor.

i feel like this applies to this situation though.
what do you think? am i reading it wrong?

ps. did you see the picture?


B. In any front yard on any lot, a fence or wall not exceeding four (4) feet in height is permitted. However, in that portion of a front yard on a residential corner lot that abuts a major thoroughfare, a solid wood or masonry fence or wall not exceeding eight (8) feet in height, located flush to the ground, may be permitted, provided that:

1. the driveway entrance to the lot is from a street other than the major thoroughfare and the principal entrance of the dwelling faces a street other than the major thoroughfare, and
2. the lot is not contiguous to a lot which has its only driveway entrance from the major thoroughfare or service drive adjacent to the major thoroughfare.

[vermonter16]

My parents used to have a corner lot and they had issues with putting in a fence that they never did wind up doing. THe reason being was that there was a visibility issue. The fence either had to be below a certain heighth or had to be set back further from the road. Maybe that is part of the issue?