Bradbury Municipal Code Ch. 100 Fences, Hedges, Walls and Courts

The purpose of this chapter is to provide minimum standards for the construction and installation of fences, hedges, walls and courts.

(Ord. No. 297, § 9.06.030.010, 3-20-2007)

From and after the effective date of the ordinance from which this chapter is derived, no court, fence, hedge, wall or retaining wall shall be built, erected, constructed, enlarged, relocated or structurally altered except in conformity with the provisions of this chapter.

(Ord. No. 297, § 9.06.030.020, 3-20-2007)

The following words and phrases, when used in the chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

Corner lot means a lot or parcel of land situated at the junction of and abutting on two intersecting streets.

Court means a tennis, handball, badminton, volleyball, racquetball and sport court.

Fence means an enclosing structure made of wire, wood, metal, masonry or other materials, having uniformly spaced openings in its vertical surface with a total area of openings equal to 40 percent or more of the total vertical area of the structures. Typical fences are wire fences, ornamental iron fences, wood picket fences, wood lattice fences, wood rail fences and masonry block or brick fences.

Finished ground surface means the ground surface within a yard which has been surfaced with concrete, brick, stones, bituminous materials, crushed rock, gravel, sand or similar materials, or on which grass, flowers, shrubbery or trees have been planted, or which has been graded in preparation for surfacing or planting.

Front yard means a yard between the front line of the lot and the front line of the main building and which extends across the entire width of the lot; provided, however, that upon vacant property the front yard shall be the yard between the front line of the lot and the front yard setback line ascribed to such lot, and which extends across the entire width of the lot.

Lot means a parcel of land recorded as a lot or otherwise approved by the City Council as a building site for the construction of one main building.

Rear yard means a yard between the rear line of the lot and the rear line of the main building which extends across the entire width of the lot. Where a public alley exists at the rear lot line, one-half, but not to exceed ten feet, of such alley may be considered to be a portion of such rear yard; provided, however, that upon vacant property the rear yard shall be the yard between the rear line of the lot and the rear yard setback line ascribed to such lot, and which extends across the entire width of the lot.

Required yards means those portions of a lot or building site upon which no portion of a main building is permitted to be constructed by the provisions of this title, relating to zoning.

Retaining wall means a structure made of wood, metal, masonry or other materials designed to withstand pressure exerted by earth or by water or by both.

Side street line of a corner lot means the side line of a corner lot along the side of the lot abutting on a street.

Side yard means a yard between the side line of the lot and the side line of the main building and which extends from the front yard to the rear yard; provided, however, that upon vacant property the side yard shall be the yard between the side line of the lot and the side yard setback line ascribed to such lot, and which extends across the entire width of the lot.

Yard means that portion of the same lot or building site upon which a building is situated, which remains open and unoccupied except by stairways, porches, landing places, cornices, canopies, eaves, chimneys, fireplaces, detached accessory buildings and garages.

Yard wall means an enclosing structure made of wood, metal, masonry or other material, having openings in its vertical surface with a total area of openings equal to less than 40 percent of the total vertical area of the structure. Typical yard walls are wood panel walls, grapestake walls, plastic-screen walls, monolithic concrete walls and masonry block or brick walls. Any fence covered or partially covered with any view-obscuring material shall be considered a wall for the purpose of this chapter.

(Ord. No. 297, § 9.06.030.030, 3-20-2007)

Except as otherwise provided herein, no court fence, hedge, yard wall or retaining wall shall be erected, constructed or maintained, or permitted to be erected, constructed or maintained, unless it conforms with the following regulations:

(1) Height abutting public or private street. Hedges, yard walls and retaining walls within the yard abutting public or private streets shall not exceed three feet in height. Fences within the yard abutting public or private streets shall not exceed six feet in height. Fences may be located on top of yard walls or retaining walls within the yards abutting public or private street areas, provided the height of the yard wall or retaining wall does not exceed three feet and the total combined height thereof does not exceed six feet.

(2) Height not abutting street. Fences, hedges, yard walls and retaining walls within the required rear yard shall not exceed six feet in height.

(3) Court fences. Notwithstanding any other provisions hereof, a tennis, handball, badminton, volleyball, racquetball and sport court may be enclosed by a wire fence not exceeding 12 feet in height; provided that no part of such court fence shall be constructed within the required side yard or within 25 feet of any street or alley.

(4) Windscreens. Windscreens of plastic, canvas or similar material may be attached to the fence enclosing a tennis court, provided such windscreens do not extend to a height greater than six feet above the finished surface of the court. However, where the entire tennis court is located 25 feet or more from all property lines, the windscreens may extend to the height of the court fence.

(5) Entrance gate height. Within the agricultural/residential zones open iron type gates may be installed, provided that the height of such gates does not exceed seven feet and provided that such gates are located at least 20 feet from the closest property line or street easement line. For properties within the A-5 zone, open iron type gates and the columns to which they are attached may be installed up to a height that does not exceed two feet higher than the adjacent fence provided that such gates and columns are located at least 25 feet from the closest property line or street easement line.

(6) Fence height modification. The Planning Commission may modify the maximum height of fences and gates in the A-1, A-2 and A-5 zones which do not entirely conform to the standards and criteria for fences and gates provided that it makes all of the findings set forth in Section 9.97.130.

(7) Fence height exceptions. Fence heights in the following locations may exceed six feet, but shall not exceed eight feet in height:

a. Rear yards on the south side of Gardi Street; and

b. Properties within the A-5 zone.

(Ord. No. 297, § 9.06.030.040, 3-20-2007; Ord. No. 391, § 1, 4-16-2024; Ord. No. 394, § 1, 6-17-2025)

(a) Height. The height of any retaining wall shall be defined as the height of its exposed vertical surface. The maximum height of a retaining wall shall not exceed that which is specified in Section 9.100.040.

(b) Structural design. The structural design of retaining walls shall conform to the requirements of the applicable provisions of the building code.

(Ord. No. 297, § 9.06.030.050, 3-20-2007)

The height of any fence, hedge or yard wall at any point shall be defined as the difference in elevation measured between the top of the fence, hedge or yard wall and the finished ground surface at a point one foot from the fence, hedge or yard wall measured at right angles from the lot side (i.e., the side with the greatest exposed surface).

(Ord. No. 297, § 9.06.030.060, 3-20-2007)

(a) Weep holes or openings. All fences, yard walls and retaining walls shall have weep holes or similar type openings of not less than three square inches each at intervals not more than ten feet apart, so located as to permit the natural flow of surface drainage water.

(b) Indentations. Any fence or yard wall exceeding a length of 60 feet along any single public or private street shall remain permanently covered with continuous vegetation, or in the alternative shall have indentions in its structure of a width of 48 inches and a depth from the edge of public right-of-way or private road easement of not less than 48 inches, commencing every 50 feet from the start of the structure or the nearest edge of the preceding indention.

(c) Smooth and barbed wire fences. No smooth wire shall be used for fencing in the City other than as a topping for a permitted fence, wall or structure five feet or more in height above ground level. No barbed wire shall be used for fencing within the City except where a conditional use permit is obtained therefor in accordance with the procedures established in Chapter 49 of this title.

(d) Electrically charged wire fences. No electrically charge fence shall be erected, constructed or maintained in the City except where located four feet or more from any property line; said electrically charge fence must be located totally within another fence and set back at least two feet within said fence. Warning signs shall be conspicuously posted and maintained on any side of the property where electrically charged fencing is used.

(e) Wrought iron fences. Only wrought iron type fences without points, sharp finials, spikes or sharp edges on the top or end of any vertical bar, shall be permitted. The spacing between vertical bars shall not exceed six inches. Points, finials, spikes and sharp edges means any end of a vertical bar that is capable of causing or is likely to cause injury to persons, pets or undomesticated animals.

(f) Vision clearance, corners and intersections. All corners and intersections of streets, roadways, driveways, sidewalks, trails, and any other paths-of-travel shall maintain, for safety vision purposes, triangular areas at the intersection formed by the lines of the intersection extending 20 feet in length, measured from the aforementioned intersection, with the third sides that form the triangles being straight lines connecting the intersection lines at the points which are distant 20 feet from the points of intersection. Within the area comprising said triangles, any tree, fence, wall, shrub, hedge, building, or other physical obstruction that may be installed shall be and shall be maintained at heights no higher than three feet above the lowest adjacent grade or roadway/path-of-travel level, whichever is the lower. At sloped areas, grading may be necessary to provide the required vision clearance.

(g) Effect of chapter on other ordinances. No provision of this chapter shall be deemed to mitigate any of the provisions of the building code nor to conflict with any other applicable requirements of this title.

(h) Building permit required.

(1) Permit required. No person shall build, erect, construct, enlarge, relocate or structurally alter any fence, yard wall or retaining wall in the City, or cause or direct such work, without first having obtained a permit therefor from the Building Department.

(2) Application; fee. Written application for the permit required by Subsection (h)(1) of this section shall be made to the Building Department on a printed form supplied by the Department and shall be accompanied by the payment of a permit fee as specified in the building permit fee schedule for the City currently in effect.

(3) Issuance or denial of permit. Upon receipt of the application and the required fee, the Building Inspector shall examine the application and if the Building Inspector finds therefrom that the proposed fence or wall conforms with the requirements of this chapter, the Building Inspector shall issue a permit. If, on the other hand, the Building Inspector finds that it does not so conform, the Building Inspector shall deny the permit.

(Ord. No. 297, § 9.06.030.070, 3-20-2007; Ord. No. 366, § 4, 10-15-2019)

Any nonconforming fence, hedge, yard wall or retaining wall lawfully erected, constructed or maintained prior to the effective date of the ordinance from which this chapter is derived shall be classified as nonconforming and shall be subject to all applicable provisions concerning nonconforming uses as same are contained in this title; provided that all nonconforming fences, hedges, yard walls and retaining walls must immediately be brought into compliance with any safety requirements of this chapter on the effective date of the ordinance from which this chapter is derived.

(Ord. No. 297, § 9.06.030.080, 3-20-2007)

(a) Not in front yard. No tennis, handball, badminton, volleyball, racquetball, or similar sports court shall be constructed or maintained in a front yard.

(b) Landscape plan. A landscape plan shall be submitted and approved by the Planning Department for the areas between the court and adjacent properties.

(Ord. No. 297, § 9.06.030.090, 3-20-2007)

(a) Exterior lighting.

(1) Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall be a maximum of 15 feet in height and exterior light fixtures may be mounted a maximum of 15 feet above grade on any wall or structure.

(2) The installation of exterior lighting may not, at any given to those who reside, work and travel in the City safety and welfare or economic, aesthetic and safety acts inconsistent with the health, safety and general welfare of the community.

(b) Court lighting.

(1) Height. Light standards shall not exceed 15 feet in height, me the finished surface of the court.

(2) Type. Lamp shall be LED type. Lamps shall be horizontally mounted, down toward the ground, rectilinear type with sharp cutoff fixtures.

(3) Number. Tennis courts may be lighted by a maximum of eight lamps mounted on not more than six light standards. Paddle tennis courts shall be lighted by a maximum of four lamps mounted on not more than four light standards.

(4) Hours of illumination. No person shall turn on, leave on, or allow to be left on or turned on, court lighting during the following times: Sunday through Thursday between 10:00 p.m. and 6:00 a.m. of the following day; and Friday and Saturday between 12:00 midnight and 6:00 a.m. of the following day.

(5) Lighting regulations. Lighting shall be hooded and arranged to reflect away from adjoining properties and streets.

(Ord. No. 297, § 9.06.030.100, 3-20-2007; Ord. No. 391, § 2, 4-16-2024)