§ 28-125. Standards for fences, walls, and landscape berms.
All fences, walls, and landscape berms of any nature, type or description located in the City of Jackson must conform to the following regulations:
(a)
Approval required. The erection, construction or alteration of any fence, wall or other type of protective barrier must be approved by the zoning administrator (or designee) as to conformance with the requirements of the zoning district and this section.
(b)
General fence, wall, and landscape berm standards.
(1)
Fence wall, or landscape berm height measurement. The height of a fence, wall, or landscape berm will be measured using the following method:
a.
The permitted height of all fences, walls, and landscape berms will be measured from the ground elevation adjacent to the fence, wall, or berm, as determined by the zoning administrator (or designee).
b.
Where elevations differ by more than four (4) feet within ten (10) feet of side or rear lot lines, the zoning administrator (or designee) may allow additional fence, wall, or landscape berm height for the property at the lower elevation.
c.
The permitted height of fences or walls will not be measured from an area of the ground that has been built-up or constructed in a manner that would have the effect of allowing a taller fence than permitted by this chapter (e.g. the height of fences erected on a berm will be measured from the finished grade adjacent to the edge of the berm).
(2)
Masonry walls. Masonry walls must be constructed of the same or complementary building material to that of the principal structure and must be un-pierced (except for pedestrian and vehicular connections) and have a decorative cap. Cement or slag blocks will not be permitted.
(3)
Visibility at intersections. All fences in the front yards must comply with the requirements of section 28-126 of this article, visibility at intersections.
(4)
Decorative fences, walls and landscape berms. Fences, walls, and landscape berms which are two and a one-half (2½) feet or less in height are considered decorative and do not require a permit.
(5)
Landscape berms. Where provided, landscape berms must conform to the following standards.
a.
Berms must comply with the height restrictions for fences and walls in subsections (c) and (d) of this section, but in no case may they be maintained at a continuous height. All berms must be undulating and include gaps where deemed necessary.
b.
Sides of the berm must be constructed with slopes no steeper than one (1) foot vertical for each three (3) feet horizontal.
c.
In measuring slope and height, grade elevation will be the average ground elevation adjacent to the proposed berm.
d.
Side slopes must be protected from erosion by sod, seed or other living ground cover. If slopes are seeded, they must be protected until the seed germinates and a permanent lawn is established.
(c)
Fences and walls in the residential districts and manufactured housing communities.
(1)
Ornamental fences and walls located in the required and addressed front yard meeting the definition of a non-privacy fence and not intended to restrain animals of any kind may be up to three (3) feet in height, unless otherwise approved by the zoning administrator (or designee), and must be set back at least one (1) foot from the sidewalk/right-of-way line.
(2)
Fences and walls located in the required and non-addressed (secondary) front yard of a corner or double frontage lot must be setback from the property line as follows, unless otherwise approved by the zoning administrator (or designee):
a.
No less than one (1) foot for ornamental fences and walls—meeting the definition of a non-privacy fence and not intended to restrain animals of any kind—up to three (3) feet in height;
b.
No less than four (4) feet for fences and walls up to four (4) feet in height with at least four (4) shrubs per each twenty (20) linear feet in the required setback.
c.
No less than six (6) feet for fences and walls up to six (6) feet in height with at least four (4) shrubs per each twenty (20) linear feet in the required setback.
(3)
Fences and walls located in the side and rear yards may have a maximum height of six (6) feet, unless otherwise approved by the zoning administrator (or designee), and may be located on the property line assuming the front yard fencing requirements are satisfied.
(4)
Residents are encouraged to utilize ornamental materials, including but not limited to materials such as wrought iron, brick, stone, and similar replications of these materials, such as vinyl fencing that has the appearance of one of these materials.
(5)
Fencing materials must be all weather and zero maintenance. If using treated wood (lattice design is prohibited) it must meet the American Wood Protection Association's UC4B standard for ground contact (heavy duty).
(6)
Chain link or similar fencing is permitted everywhere except within the front yard.
(7)
The finished side of a fence or wall must face outward toward any adjacent property or right-of-way.
(8)
No fences or walls are permitted within the required site clearance triangles (see section 28-126 of this article). The same site clearance triangle applies to solid fences abutting detached garages located on the non-addressed frontage of a corner lot (see section 28-126).
(d)
Fences and walls in commercial and industrial districts.
(1)
No fence or wall may exceed eight (8) feet in height, unless otherwise approved by the Zoning Administrator (or designee).
(2)
No fences or walls may be located in the required and addressed front yard unless it is part of a conditional use permit request for an automobile wrecking and salvage yard (see subsection 28-71 of this chapter), junkyard (see subsection 28-71 of this chapter), or similar use,
(3)
Fences located in the required non-addressed (secondary) front yard of a corner or double frontage lot, must be set back from the property line, unless otherwise approved by the zoning administrator (or designee), as follows:
a.
No less than one (1) foot for ornamental fences and walls meeting the definition of a non-privacy fence and not intended to restrain animals of any kind up to three (3) feet in height;
b.
No less than four (4) feet for fences up to four (4) feet in height with at least four (4) shrubs per each twenty (20) linear feet in the required setback;
c
No less than six (6) feet for fences up to six (6) feet in height with at least four (4) shrubs per each twenty (20) linear feet in the required setback; and
d.
No less than eight (8) feet for fences up to eight (8) feet in height with at least four (4) shrubs per each twenty (20) linear feet in the required setback.
(4)
All fences and walls must be ornamental in nature and should be made of wrought iron, wood (excluding lattice design), brick, stone, and similar replication of these materials. However, when abutting residentially zoned and/or used property, and when used to screen parking or outdoor storage areas, the fence must be constructed of an opaque weatherproof material.
(5)
Fencing materials must be all weather and zero maintenance. Treated wood must meet the American Wood Protection Association's UC4B standard for ground contact (heavy duty).
(6)
Chain link or similar fencing is permitted everywhere except within the front yard and when abutting residentially zoned and/or used property.
(7)
No fences or walls are permitted within the required site clearance triangles (see section 28-126 of this article).
(e)
Temporary protective fencing associated with construction projects. During construction, protective fencing must be placed around existing vegetation proposed for preservation and other site elements which cannot be easily removed or stored.
(1)
Proposed protective fencing must be clearly identified on the landscape plan. The zoning administrator (or designee) must also determine compliance with the standards contained in subsection 28-111(d)(4)b. of this chapter.
(2)
Protective fencing cannot be located closer that one (1) foot outside the perimeter of the following, as identified on the landscape plan:
a.
The drip lines of existing trees and shrubs; and
b.
Planting beds and other site element.
(f)
Prohibited fences. The following fences are prohibited:
(1)
A fence consisting in whole or part of coils of barbed wire, concertina wire or razor wire;
(2)
A fence with razored edges, broken glass, affixed spikes, projecting nails or other pointed instruments of any kind or description attached; fence gates cannot be constructed so as to create a hazard to the public by the projection of any pointed instrument or member when open or partially open;
(3)
A fence charged or connected with an electrical current, provided however, this provision cannot be construed to apply to electrical fences installed below ground as elements of an animal control or security system;
(4)
A standard barbed wire fence except upon essential service sites or industrial properties which do not abut property zoned or used for residential purposes; in such locations, standard barbed wire may be installed on the top of a fence on arms or cradles extending inward over the owner's property provided that the fence has a minimum height of six (6) feet above the adjacent grade and the combined height of the fence and barbed wire and arms does not exceed eight (8) feet above the adjacent grade;
(5)
A chain link or similar fencing, unless otherwise permitted in this section.
(6)
A fence which consists in whole or part of woven plastic or other similar materials utilized within a chain link fence; and
(7)
A fence with all metal opaque paneling (e.g. barn siding roof material, etc.) unless it is part of a conditional use permit request for an automobile wrecking and salvage yard (see subsection 28-71(14) of this chapter), junkyard (see subsection 28-71(80) of this chapter, or similar use. However, the zoning administrator may consider the use of these materials if deemed complementary to the primary structure.
(g)
Standards for construction. Fencing must also comply with pertinent standards located in the city building code (chapter 5).
(Ord. No. 2012.16, § 5, 7-17-12; Ord. No. 2012.19, § 3, 9-11-12; Ord. No. 2013.02, § 4, 3-12-13; Ord. No. 2016-29, § 3, 11-15-16)