Chapter 4 Generally Applicable Development Standards Part 4 Accessory Uses and Miscellaneous Standards Page 2 of 5

4.4.3 FENCES, WALLS AND SIGNATURE ENTRANCES

NOTE: Refer to Chapter 5 Part 4 for design standards applicable to fences in

NOTE: If a fence is mandated by the Land Development Code, the finished side of the fence must face the lower intensity use. See Section 10.4.9 NOTE: It is important to check a property’s deed for restrictions on fences (location, materials and general permissibility).

NOTE: Retaining walls shall be subject to the height and setback requirements of this section.

Fences and Walls
1. Height and Location
  1. In the R-R, R-E, R-1, R-2, R-3, R-4, R-5, PRD, U-N, R-5A, R-5B, TNZD, R-6, R-7, R-8A, OR, OR-1, OR-2, OR-3, PD (residential use) and OTF Districts:
    1. Fences and walls, up to 48 inches in height in the suburban form districts and 42 inches in the traditional form districts, may be located within required front and street side yards except as provided in Figure 4.4.1.
    2. Fences and walls up to 8 feet in height and constructed of a solid material (masonry, wood) with an opacity of at least 80% may be located within required side and rear yards. Fences and walls with an opacity less than 80% (e.g. chain link fences) up to 6 feet in height may be located within required side and rear yards. Exception: Wrought iron fences up to 8 feet in height may be located within the required side and rear yards.
    3. The height of fences or walls located in a required side or rear yard shall be measured from the lowest grade within a distance of one foot on either side of the fence to the highest point of any portion of the fence.
    4. The total height of fences within 5 feet of a public sidewalk or roadway pavements shall be measured by adding the height of the fence and the height of the change of grade. The total height of fences more than 5 feet from a public sidewalk or roadway pavements shall be measured by measuring the height of the fence only. Refer to Figure 4.4.2 for an example of the correct method of measuring fence heights.
    5. On double frontage lots, where one of the required front yards adjoins a major arterial, minor arterial or collector roadway, and where access is prohibited, a fence or wall may be constructed within that yard up to a height of 8 feet.
  2. In all other zoning districts:
    1. Fences and walls in all other zoning districts shall be restricted by the maximum building height of that district except when abutting R-R, R-E, R-1, R-2, R-3, R-4, R-5, PRD, U-N, R-5A, R-6, R-7, R-8A, OR-1, OR-2, OR-3, PD (residential use) and OTF Districts in which case a. i), ii) and iii) above shall apply.
    2. Fences and walls not located within a required yard shall be restricted by the maximum building height of that zoning district.
    3. Fences and walls required for swimming pools shall be a minimum height of 4 feet above grade and have a self-closing, self-latching lockable gate.
    4. No person shall install, construct, maintain, or permit the installation, construction or maintenance of barbed wire fence or fence including barbed wire or razor wire components, partially or wholly upon property owned, occupied or controlled by such person, firm, corporation or other legal entity except in accordance with the following standards.
      1. Razor wire is permitted only if located at all points at least 8 feet above grade level.
      2. In residential form districts (TNFD, NFD, VFD), barbed wire fencing located less than six feet above grade level is permissible only when used to enclose livestock.
      3. In workplace form districts (TWFD, SWFD) barbed wire and razor wire fencing is permitted, provided that paragraphs a and d of this section are met.
      4. Fences that adjoin residentially used or zoned property in any form district may include barbed wire or razor wire only if reviewed and approved by the Planning Director or designee based on a finding of unique circumstances or exceptional security needs.
      5. Agricultural uses are exempt from items a through d above.

Signature Entrances

Definition:

Signature entrance: Any wall(s), fence(s), guard house, or similar structures exceeding 4 feet in height, constructed at an entrance to a major single family subdivision or to a multi-family complex of ten units or more.
Location:

The signature entrance shall not obstruct roadside drainage or through-drainage facilities and shall allow for adequate sight distance. The Public Works Department may require that the location of the proposed signature entrance be staked in the field and reviewed prior to construction plan approval.

Signature entrances shall not be permitted within utility or drainage easements without prior approval from the agency to whom the easement has been dedicated.

Signature entrances shall not be permitted within the right-of-way of major arterial, minor arterial or collector roadways except those collector roadways functioning as the primary entrance to the proposed development and provided that approval from the appropriate Public Works Department is obtained.

Signature entrances may be located within the right-of-way of a local or minor level street if approved by the Public Works Department.

Encroachment permits and License Agreement or other legally binding agreement must be received prior to construction plan approval for any signature entrance to be located within a right-of-way.

Any public agency responsible for maintenance of facilities within the right-of-way may require for any reason the removal of a signature entrance located within the right-of-way under the terms of the License Agreement or other legally binding agreement.
Height:

The height of a signature entrance shall be measured from the ground to the highest point including columns or other ornamentation. When signature entrances are constructed on man-made berms, the berm will be considered in the overall height.

The maximum height of a signature entrance shall be 14 feet depending on the setback (see Table 4.4.1). Light fixtures and guard houses may extend an additional 4 feet (see illustrations, below).
Length:

The maximum length of a Signature Entrance shall not exceed 150 feet on each side of the entrance roadway. Any structure extending beyond this length shall be considered a fence or wall and the requirements as stated in Section (B) of this regulation shall apply (see illustrations, below).
Proximity to Structure on Lot and Driveway:

Signature Entrances shall be constructed a minimum of 20 feet from dwellings and driveway entrances (see illustrations, below).
Signage on Signature Entrances

Two signs, not exceeding 15 square feet in area each, attached to the signature entrance may be provided at each entrance to the development. Refer to Chapter 8 (Sign Regulations) for specific information.

Setback Requirements

Any signature entrance exceeding 4 feet in height as allowed in this section shall be setback from the right-of-way on which it fronts a distance of not less than that prescribed in Table 4.4.1. Columns, light fixtures and similar ornamentation may extend a maximum of 24 inches into this setback area. Any portion of a signature entrance, wall or fence constructed with appropriate Public Works Department approval in the right-of-way shall be exempt from the setback requirement.

Table 4.4.1

Setback Distance from R.O.W	Maximum Height Allowed
10’	14’
9’	13’
8’	12’
7’	11’
6’	10’
5’	9’
4’	8’
3’	7’
2’	6’
1’	5’
0’	4’

In order to mitigate the visual impact of lengthy structures on adjacent vehicular corridors and land uses, any signature entrance, fence or wall greater than or equal to 8 feet in height as allowed in this section and 100 feet in length shall have plantings adjacent to at least 50% of its exterior facade. Such plantings shall conform to the standards of variety, size, spacing and quality set forth in Chapter 10 Part 4 of this regulation. In no such case shall fences or walls extend a distance greater than 100 feet without providing a visual break in the form of evergreen shrubs spaced one plant every 4 feet or evergreen trees spaced as indicated in Chapter 10 Part 4 of this regulation, which, at maturity, will equal or exceed one-half the height of the fence or wall.

NOTE: See Section 7.1.40 and Part 11.5B,relating to Planning Commission approval of variances in conjunction with subdivision review.

Dimensional Variances

Portions of this regulation that govern height or length or setback requirements may be modified by the Board of Zoning Adjustment. The Board may grant a dimensional variance after a public hearing if the requirements of KRS 100.243 are found to be met. A variance application filed simultaneous with a zoning change request or subdivision request for a given property may be granted by the Planning Commission.
Plan Approval Process

Signature Entrance plans shall be reviewed for compliance and approved by the Division of Planning and Design Services, as well as Public Works Department if the signature entrance is located in the public right-of-way. Signature entrance plans submitted shall bear the seal of a registered engineer, architect or landscape architect licensed to practice in the Commonwealth of Kentucky.

ILLUSTRATIONS

Figure 4.4.1

* For fences and walls constructed of solid materials or wrought iron only.
Fences and walls constructed of chain link material have a 6’ maximum height allowance.

Figure 4.4.2
A. Measure fence height within 5 feet of a sidewalk or roadway pavement like this;
Total Height = 6 feet
(4 feet fence + 2 feet change in grade).

B. Measure fence more than 5 feet from a sidewalk or roadway pavement like this:
Total Height = 4 feet (measure from existing grade only)