§ 4.11. Fences and walls.

Fences and walls which conform to the provisions stated herein shall be permitted by the Department of Environment and Community Development. Fences erected for agricultural purposes in the AG-1 District shall be exempt from permit requirements. (Amended 11/3/93, 2/7/01)

A.

Visibility triangle. Fences, walls and vegetative materials used in association therewith must not obstruct the minimum sight distance requirements which are specified in Fulton County Subdivision Regulations administered by the Director of the Department of Environment and Community Development. (Amended 2/7/01)

B.

Gates. No part of a gate shall be located within 20 feet of a public right-of-way, nor shall any gate or vehicle in any way obstruct a public right-of-way or the minimum sight distance specified in the Subdivision Regulations regardless of whether open, closed or in an intermediate position.

C.

Maintenance of required landscape areas. Landscape areas or strips required pursuant to this section shall be maintained in accordance with the requirements of the Tree Preservation Ordinance [See Code ch. 26, art. VI].

D.

Fence and wall materials. Where the Zoning Resolution or zoning conditions require fences and walls to be solid/opaque, the visual density of the fence shall be such that it can not be seen through. The following standards shall apply to fences and walls. (Amended 4/7/93, 11/3/93, 4/5/95)

1.

Adjoining right-of-way. In all zoning districts except AG-1, M-1, M-1A, and M-2, wire and plastic fencing materials, including chain-link fencing with plastic or wooden inserts shall not be used adjoining a street right-of-way. The architectural treatment of poured concrete, common aggregate block or concrete block walls shall be approved by the Director of the Department of Environment and Community Development. This provision shall not preclude the use of chain link fencing as a security fence around storm water facilities. (Amended 2/7/01)

2.

Fences along all property lines. Walls and fences constructed along all property lines shall be constructed with a finished side toward the neighboring property. (Amended 4/5/95)

3.

Barbed wire—Agricultural. Barbed wire may be used in the AG-1 District as long as its use is associated with a legitimate agricultural pursuit. Barbed wire use shall meet the following:

a.

Barbed wire shall not be allowed on any single-family dwelling lots including such lots which are located in the AG-1 District;

b.

Barbed wire use adjacent to the public right-of-way shall be installed in a straight strand manner, coiled/concertina style installation shall be prohibited; and

c.

Razor wire is prohibited.

4.

Barbed wire, razor wire, chain link—Commercial and industrial. Barbed wire/razor wire/chain link may be used in all Commercial and Industrial Districts as follows:

a.

All chain link fence shall be green or black vinyl coated;

b.

All chain link fences shall be constructed with a top rail to ensure fence stability;

c.

Barbed wire/razor wire use adjacent to the public right-of-way shall be installed in a straight strand manner, coiled/concertina style installation shall be prohibited.

5.

Use of fabric as fence or screen. The use of fabric as a fence or screen is prohibited except as a windscreen around recreational courts.

6.

Minimum landscape requirements. A minimum three-foot landscape strip shall be provided between a fence or wall and a public right-of-way.

E.

Height. Fences and walls shall not exceed a height of eight feet from grade in residential districts. Column and ornament heights are permitted to exceed the maximum fence/wall height up to three feet. (Amended 4/5/95)

F.

Setback. Fences and walls shall be set back a minimum of three feet from a public right-of-way. (Added 11/03/04)

G.

Retaining Walls. Retaining walls that are monolithically placed and structurally tied to a house or building foundation wall do not require a separate wall permit if said walls are shown on the plans for which a building permit was issued. All other retaining walls over 4 feet high require a permit if they were not shown and permitted on a Land Disturbance Permit. Walls 4 feet to 6 feet high can be permitted upon execution of an Owner Certification/Indemnification form for Retaining Walls 4 feet to 6 feet high. All walls over 6 feet high and any walls 4 feet to 6 feet high for which an owner is not prepared to execute the Owner Certification/Indemnification form shall require execution of the an Engineer Certification/Indemnification form for Retaining Walls permit. Please note that the latter form requires both an engineer's certification and an Owner's Certification/Indemnification. A Checklist for Retaining Wall Permit Drawing shall be completed by the applicant to verify the adequacy of the submittal for issuance of the permit. A separate permit form and fee is required for each wall.

(Amd. No. 11-0478, 6-1-11; Res. No. 12-0356, pt. 3, 5-16-12)