§ 40-743.5. Regulations for fences.

(a)

In general .

(1)

In the event that the regulations in this section are in conflict with the regulations of the applicable zoning district, the more restrictive regulations, including 40-665, clear vision area, shall apply. Where elements in this section are not addressed in the regulations of an applicable zoning district, the regulations in this section shall apply.

(2)

Height . A fence not to exceed a height of eight (8) feet may be erected along lot lines, in each side yard or side area when placed in alignment approximately parallel to the front lot line and connecting the main building with a fence on or along a side lot line, or around a yard, except a fence within a front yard shall be subject to the provisions in the following subsection.

Fig. 40.743.5 - Fence Height and Measurement

(3)

Measurement . Fence height shall be measured from the lowest elevation of soil adjacent to the fence and shall include the height of chain, retaining or low masonry walls.

(4)

Orientation . Along street rights-of-way, except freeways and interstates as defined by the Jefferson Parish Thoroughfare Plan, all nondecorative posts, horizontal posts, cross-members, and similar unfinished components shall be oriented inward to the lot on which the fence is located.

Fig. 40.743.2 - Fence Orientation

(5)

Shy distance .

a.

Fences shall be setback a minimum of one (1) foot from sidewalks. In accordance with chapter 29, roads and bridges, fences shall not be constructed closer to the street or sidewalk than the lot line without approval from the department of public works.

b.

Gates, when fully open, may not extend into the sidewalk area or any other portions of the right-of-way without approval by the department of public works.

(6)

Drainage . No fence shall prevent the proper drainage of any lot.

(7)

For parking areas . Approval from the department of inspection and code enforcement shall be obtained prior to fencing parking areas in commercial districts or parking areas for commercial uses.

(b)

Fence in the front yard . A front yard shall not be fenced or otherwise enclosed unless a variance is granted by the board of zoning adjustments in accordance with Article XLII, Board of Zoning Adjustments (BZA), of this chapter, and the following criteria are met:

(1)

Portions above three (3) feet shall meet the definition of an open fence.

(2)

Fence columns shall be no more than eighteen (18) inches in width, depth, or diameter and shall be spaced no closer than five (5) feet on center.

(3)

Living fences shall not exceed a height of three (3) feet.

(4)

In granting or denying the request for a fence in the required front yard, the BZA may consider how the proposed fence conforms to the characteristics of existing fences in the immediate area and, except to maintain conformity with existing fences, a minimum setback of three (3) feet from the front lot line shall be provided. The immediate area is defined as consisting of one (1) street block on the same side of the street and not more than three hundred (300) feet from the subject property.

(c)

Fence on through lot, corner lot .

(1)

Lots which front a major or minor arterial, or collector street, as shown in the Jefferson Parish Thoroughfare Plan, and also front a second street may fence the front yard adjoining the major or minor arterial, or collector street, upon approval by the BZA; or

(2)

Lots which are part of an approved subdivision plan and have had access restricted to an interior street by ordinance shall be considered as single front lots with the rear yard adjoining the major or minor arterial, or collector street.

(d)

Exceptions to fence height .

(1)

Sloping grades . When a fence is to be built along a sloping grade, the maximum height may be averaged across stepped, six (6) foot segments to allow the fence to follow the natural rise and fall of the slope. For uniform height, fence height may be increased one (1) inch for every twenty (20) feet in fence length. No portion of the fence shall exceed nine (9) feet.

Fig. 40.743.5.3 - Height for Sloping Grades

(2)

Architectural features . When in combination with a fence, archways, gates, columns and posts, including caps and similar decorative elements shall not exceed eight and one half (8 ½) feet in height.

(3)

Recreational areas . Open chain link fences with a maximum height of twelve (12) feet may enclose recreational areas such as basketball courts, tennis courts, volleyball courts and other similar uses, when not located in the required front yard and have the setback required for accessory structures of the zoning district in which it is located.

(e)

Fence required for specific uses .

(1)

Generally . In the event that the regulations for a specific use within a zoning district conflict with the following, the regulations for the specific use shall apply.

(2)

Property which abuts residential property .

a.

Nonresidential development . The property owner obtaining a building permit for a nonresidential lot abutting a residential zoning district shall erect an opaque wood, brick, or masonry fence with a minimum height of seven (7) feet on the common lot line of the nonresidential lot abutting a residential zoning district in a manner that screens the area from view from public rights-of-way and adjacent properties. Nonresidential uses in residential zonings districts may fulfill this requirement with vegetative screening that shall be a minimum two (2) feet in height when planted and must be a minimum height of six (6) feet within two (2) years and create a continuous opaque barrier.

b.

Three-, four-, and multi-family residential development . The property owner obtaining a building permit for a three-, four-, or multi-family residential use shall erect an opaque wood, brick, or masonry fence with a minimum height of seven (7) feet on the common lot line of the three-, four-, or multi-family residential lot abutting a single- or two- family residential lot in a manner that screens the area from view from public rights-of-way and adjacent properties. This requirement may be fulfilled with vegetative screening that shall be a minimum two (2) feet in height when planted and must be a minimum height of six (6) feet within two (2) years and create a continuous opaque barrier.

(3)

Junkyards . A junkyard for the storage of wrecked automobiles, abandoned machinery, and other discarded items shall be enclosed by a feather-edge board fence, a solid masonry fence, or similar opaque fence, with a minimum height of eight (8) feet, to completely screen the area from view from public rights-of-way and adjacent properties.

(Ord. No. 24823 , § XXVIII, 9-17-14)