<strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong> 2010Fence Height requirements<strong>Zoning</strong> ordinances <strong>of</strong>ten require solid fencing and/or vegetationalong property lines between two different types <strong>of</strong> usesthat are located directly adjacent to each other. This is especiallycommon when a commercial activity occurs next door to a residentialuse. The thought behind the requirement is to shield theresidences from noise, lights, and other nuisances. <strong>Thibodaux</strong>has such language in the zoning ordinance requiring a bufferbetween parking areas and residential or related uses. Discussionswith the administrative staff revealed that a conflict existswithin the zoning ordinance regarding the height requirements<strong>of</strong> the required fence and the maximum height allowed alongthe perimeter <strong>of</strong> the 20 foot required front yard. This issue is<strong>of</strong> particular concern in R3 districts. The conflicting directionsare a safety concern as the required fence is protruding into theline <strong>of</strong> sight <strong>of</strong> adjacent property owners, not unlike the previousdiscussion on intersections.<strong>City</strong> <strong>of</strong> <strong>Thibodaux</strong>The definitions define “yards” and include stipulationsregarding the height <strong>of</strong> structures in a front yard. The ordinanceprohibits fences or walls in excess <strong>of</strong> 30 inches if it impedes visionacross the yard. The same is true <strong>of</strong> vegetation that is between 30inches and 10 feet, probably allowing for taller trees that do nothave low branches. On the other hand, property owners locatedin an R3 zone must provide a solid fence and screening that issix feet high if they have 10 or more parking spots within twenty(20) feet <strong>of</strong> a dwelling unit, school, hospital, or other institutionfor human care. The ordinance again prohibits any fencing,walls or hedges higher than two and one half feet (30 inches) tallalong the front yard.Article XVIII DefinitionsYard, Front: …In any required front yard, no fence or wallshall be permitted which materially impedes vision acrosssuch yard above the height <strong>of</strong> 30 inches, and no hedgeor other vegetation shall be permitted which materiallyimpedes vision across such yard between the heights <strong>of</strong> 30inches and 10 feet.…Section 602 Notwithstanding other provisions <strong>of</strong> this ordinance,fences, walls, and hedges may be permitted in anyrequired yard or along the edge <strong>of</strong> any yard, provided that n<strong>of</strong>ence, wall, or hedge along the sides or front edge <strong>of</strong> any frontyard shall be over two and one-half feet in height.Section 704.2 No part <strong>of</strong> any parking area for more than10 vehicles shall be closer than 20 feet to any dwelling unit,school, hospital, or other institution for human care locatedon an adjoining lot, unless separated by a wall or fence <strong>of</strong>solid appearance or a tight evergreen hedge having a height<strong>of</strong> not less than 6 feet.Comparable Cities – Fence Height Requirements<strong>City</strong> <strong>of</strong> HammondHammond’s ordinance details height limits for differenttypes <strong>of</strong> fences and within different zoning districts. When usedas a buffer between residential and commercial uses the fencemay be eight feet high. But overall it appears that no fence mayobstruct sight clearances and nothing may be higher than 36inches above grade if the object is within the sight triangle andfour feet elsewhere. The fences may not obstruct the sight clearanceat intersections.<strong>City</strong> <strong>of</strong> RustonRuston generally requires fencing or vegetation betweenresidential and most other uses. A good example is the foundin the B-4 Highway Business District. This one specificallystates the fencing or planting stops at the building line. SCPDCcontacted the <strong>City</strong> <strong>of</strong> Ruston <strong>Planning</strong> Department. The Rustonstaff members advised that fencing may be erected at the propertyline but it cannot exceed three (3) feet in height. However,property owners are allowed to erect fencing higher than three(3); if it is at least five (5) feet within the property line.<strong>City</strong> <strong>of</strong> PinevilleThe city’s commercial landscape ordinance requires a bufferalong commercial/residential boundaries and it must run theentire length <strong>of</strong> the abutting lot lines. However, no vegetationcan obstruct vision at vehicle intersections. The use <strong>of</strong> “vehicle”rather than “street” intersections is interesting because it mightbe interpreted to mean any point where vehicles intersect, notjust street intersections. This would then include private driveways,alleys, parking lots, etc.CommentsFencing or vegetative screens are ways to help reduce impacts<strong>of</strong> one kind <strong>of</strong> use upon another. Such requirements also helpto preserve the aesthetic quality <strong>of</strong> a neighborhood. However,extension <strong>of</strong> a buffer into a front yard is <strong>of</strong> concern from a publicsafety view if it blocks the view <strong>of</strong> vehicular traffic and pedestrians,too. The simple solution would be to add language toSection 704.2 <strong>of</strong> the <strong>Thibodaux</strong> zoning ordinance similar to thatfound in Ruston’s ordinance where the screening stops at thefront building line. Since <strong>Thibodaux</strong> has older neighborhoodswith zero lot lines (no front setbacks) such language would haveto be qualified. Wording to the effect that any fence or vegetativebuffer or screening must be installed “…so as not to block theview for public safety purposes” might be appropriate. Anothersuggestion is to provide a reduced height for screening in thefront yard areas.42
2010 <strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong>Excerpt from Hammond <strong>Zoning</strong> OrdinanceSECTION 3 REGULATION OF ACCESSORY BUILDINGS AND USES3.1 Fences, Shrubs and Buffer Zones(a) No fence, shrub, or plant material, more than three feet above grade at the centerline <strong>of</strong> the street may be located within 30feet <strong>of</strong> a street intersection.(c) Woven wire fence less than 4 feet in height may be placed on any part <strong>of</strong> a lot but shall not extend into a street right-<strong>of</strong>-wayand shall not obstruct, in whole or in part, the sight clearance needed at intersections as determined by the <strong>City</strong>, State, or anyapplicable governing authority. Other types <strong>of</strong> fences <strong>of</strong> less than 4 feet in height may be placed on any part <strong>of</strong> a lot but shallnot extend into a street right-<strong>of</strong>-way and shall not obstruct, in whole or in part, the sight clearance needed at intersections forsafety. Decorative wrought iron or simulated wrought iron fences <strong>of</strong> up to 6 feet in height may be placed in front yard areasadjacent to roadways.(d) Solid fences <strong>of</strong> stone, vinyl, stucco, wood, concrete or woven wire fences <strong>of</strong> up to 8 feet in height may be erected on thoseparts <strong>of</strong> a lot that are as far back or farther back than the required front building set back line (set back from adjacent streets),or the front point <strong>of</strong> any primary structure there<strong>of</strong>, whichever distance is greater. (residential or commercial)(e) Open wire fences for tennis or badminton courts may be erected to a height <strong>of</strong> ten feet if such courts are located inside <strong>of</strong> rearyards.(f ) Open wire fences in industrial and commercially zoned districts may be erected to a height <strong>of</strong> 10 feet. Barbed wire fencingmay not be used within residential district <strong>of</strong> the <strong>City</strong>.Fences next to parking lots must be protected by wheel bumper stops.(g) Solid fences may be erected up to 8 feet in height if such fences are being used as the buffer between commercial and residentialproperty.Wire fences shall have a minimum <strong>of</strong> 1&1/2 inches diameter galvanized pipe supports placed no more than 7 feet apart.Wood fencing material shall be <strong>of</strong> a weatherpro<strong>of</strong>ed wood.All fences shall be shown and described as part <strong>of</strong> any applicant’s building permit application.The property owner(s) will be responsible for maintaining the condition <strong>of</strong> the fence.Ruston <strong>Zoning</strong> OrdinanceSec. 29-43. B-4 highway business district(b) Development standards.(8) Screening shall be provided the length <strong>of</strong> rear lot lines adjacent to residentially zoned districts and along side lot lines adjacentto residentially zoned districts, extending from the rear <strong>of</strong> the property line to the front face <strong>of</strong> the building. Screening shallconsist <strong>of</strong> an opaque (nonmetal) fence with a minimum height <strong>of</strong> eight feet, unless varied by the zoning commission, or a plantmaterial screen with a minimum height, at planting, <strong>of</strong> four feet, and ultimate height <strong>of</strong> at least six feet, and expected to become70 percent visually opaque within 12 months <strong>of</strong> installation.43