2008-21
ORDINANCE NO. 2008-21
AN ORDINANCE AlVI:ENDING CHAPTER 110, ZONING, OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, SPECIFICALLY ARTICLE I, SECTION 110-4 AND
ARTICLE II, DIVISION I, SECTION 110-37, TO REVISE THE REGULATIONS
~ITH RESPECT TO FENCES ON RESIDENTIALLY ZONED PROPERTIES.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that the
defini'tioIl. DC ~":f'encen "",i'thin Art:icle I, Sect:ion 1. 10-4 DC t:he Code DC t:he Cit:y oC Faireax, is
hereby added as '-0110,,",,5:
Fence, means an artificially constructed barrier" set in the ground" fully or partially
eI1closing a property" used to provide privacy or security" to control access, or to mark a
boundary. A fence may be constructed of -vvood, metal, brick, masonry, or other similar
material or materials.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax,
Virginia, 'that: Art:icle II, Division 1, Sec1:ion 110-37(a) of'" "the Code DC "'the Cit:y of" FairCax.,
is hereby amended., and replaced in it:s ent:iret:y., as Collo'V'Vs:
(a) Fences. Building restriction lines and setback requiremen.ts shall not: apply to fences,.
V\Tal1s, trees, hedges and shrubbery. On any propert.y in the R-l , R-2, or R-3 residential
districts, the follovving standards shall apply:
(I) Except as may be qualified elsevvhere in this ordinan.ce, a fence on an.y property in.. the
R-l, R-2 or R-3 residential district.s may be located as follovvs:
a. In any front yard, a fence not exceeding four (4) feet in height. is permit.t.ed.
b. In any side or rear yard, a fence not exceeding seven (7) feet in height is permitt.ed,
except t.hat in any side yard, a fence locat.ed bet.vv-een a front. property line and t.he nearest.
VV"all of the principal structure shall not exceed four (4) feet in height.
c. On any comer lot, a fence located betvveen a front property line a.n.d t.he nearest. """all of
t.he principal st.ruct.ure shall not. exceed four (4) feet in height:, as measured parallel vvith
the appurtenant property line.
d. The follovving regulat.ions apply only t.o lots """here t.he rear of the primary st.ructure
faces a right-of-vv-ay:
1. For the purposes oft.his subsection only, a lOT lNhere The rear of The primary
sTrUCTure faces a righT-oFlNay is defined as a single-family residential lot. in t.he R-I , R-2
or R-3 zoning dist.rict. that has a primary st.ructure, the rear vv-all ofvv-hich parallels or
nearly parallels a right.-of-vvay. Such lot.s are deemed t.o cont.ain primary front yards and
secondary front. yards for t.he purpose of defining areas for permitted fences. These
t.erms refer to t.he follovving:
a. Prirnar:y Fronr Yard: The primary front. yard shall be the front yard of a lot
meeting t.he definition of subsect.ion 1 above that faces t.he primary structure's main
entrance. On lots on vv-hich the primary front yard cannot be det.ermined by the
location of the primary st.ructure's main entrance,. t.he primary front. yard shall be t.he
yard that cont.ains the main drivevv-ay serving the lot. A lot shall contain only one
primary front. yard.
b. Secondar:y Front" Yard: A secondary front. yard shall be any front yard ot.her than
t.hat meet.ing t.he crit.erion described above in subsection a. A lot. may cont.ain one or
more secondary front. yards.
2. A fence not exceeding four (4) feet in height is permitted in any yard, including any
primary front yard or secondary front yard.
3. A fence not exceeding seven (7) feet in height is permitted in any side or rear yard
so long as the fence is no closer to the primary front yard property line than the front
wall of the principal structure.
4. A fence not exceeding seven (7) feet in height is permitted in any secondary front
yard.
Illustrations of areas of maximum fence height for interior lots, corner lots, and lots where
the rear of the primary structure faces a right-of-way are provided below:
Figure 1. Interior Lot Fencing Areas Figure 2. Comer Lot Fencing Areas
RIGHT-OF-WA Y RIGHT-OF-WA Y
Visual Cles,.~
Pri$m
MAX 4 FT. FENCE
MAX 4 FT. FENCE
w >-
.... 0 oq;
.... I- z ~
0 9 0 W
lL
""l ""l ~
lL ~
..
~
:IE ~
LOT LOT
Figure 3. Diagonal House Fencing Areas
Figure 4. Triangle Lot Fencing Areas
RIGHT-OF-WA Y
RIGHT-OF-WA Y
Vi$tJal Clearance
Prism
MAX 4 FT. FENCE
w ).
.... 0 ~
Z ~
0 w
""l lL
~ I.i. f<';'
lL ~
.. t:-P
~
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LOT
Figure 5. Lot with Rear of House Facing Street
FRONT RIGHT-OF-WA Y
MAX 4 FT. FENCE
(Primary Front Yani)
....
o
""l
I-
o
..J
OTHER RIGHT-OF-WA Y
(2) For all fences in the R-l, R-2 or R-3 residential districts, the following standards shall
apply:
a. Where a fence parallels or nearly parallels a street or right-of-way, the finished side of
the fence shall face outwards, towards the street or right-of-way.
b. No barbed wire, electric al security elements (other than underground electrical
security elements), or other hazardous materials shall be used as part of a fence.
(3) For the purposes of this subsection, the height of a fence shall be measured as follows:
a. The height of a fence shall be measured vertically from the ground directly beneath
the fence to the highest point of the fence. The highest point of the fence is considered to
be that part of the fence highest from the ground (including pickets, rails, cross-members
and similar elements), but not including fence posts, finials, or other vertical supports as
described in subsection b.
1. When a fence is installed at or near the top of a retaining wall, the fence height
measurement shall include only the fence in cases where the fence is installed into the
ground at some point behind the top of the retaining wall. In instances where the fence
is mounted directly on the retaining wall, both the retaining wall and the fence shall be
included in the height measurement for the purposes of this subsection.
b. Fence posts, lighting, finials, or other vertical supports or decorative features as
defined by the zoning administrator may exceed the maximum height of any fence by not
more than twelve (12) inches, provided that such features are spaced at least four (4) feet
apart, except for such posts or other features surrounding gates or other entryways.
c. The height regulations set forth in this subsection shall not apply to pergolas, arbors,
or similar decorative entranceway or landscaping features.
d. The zoning administrator may approve as lawful, a fence that exceeds the maximum
height requirement where a constructed or partially completed fence does not comply with
the provisions contained in section 110-37(a), provided that the height increase does not
exceed ten percent of the maximum permitted height, and further provided that such
height increase shall not be detrimental to the use and enjoyment of other properties in the
immediate vicinity.
Upon the issuance of written approval for an increase in the maximum height of a fence in
accordance with the provisions of this section, the same shall be deemed to be a lawful
fence.
(4) Any fence used in conjunction with a governmental use may exceed the height
restrictions set forth in this section.
(5) Any fence must fully comply with the visual clearance requirements set forth in
section 110-38. Notwithstanding the provisions of section 110-38, there shall be no
additional requirements for visual clearance.
(6) The board of zoning appeals may, by special exception, modify the height regulations
as detailed in this subsection in accordance with the relevant provisions in section 110-369.
The board may use as criteria elements such as the following:
a. Unusual site topography, and the relation of the proposed fence to that topography;
b. Unusual lot configuration (e.g., placement of the house on the lot, heavy traffic
volume, existence of a vacant lot);
c. The presence of neighboring properties that contain uses other than single-family
residences; and
d. Fence design (e.g., opacity, materials), and variations offence materials.
The board may require, as appropriate, alternative locations or designs.
(7) The requirements of this subsection shall not be deemed to prohibit any necessary
retaining wall, terrace wall, or similar feature, nor shall this section be deemed to prohibit
any safety railing installed adj acent to a retaining wall.
(8) The requirements of this subsection shall not be deemed to prohibit any fence as
required in City Code chapter 10, article IX, section 10-621, regarding required protective
fencing surrounding swimming and wading pools. Further, the requirements of this
subsection shall not be deemed to prohibit any fence immediately surrounding a tennis
court.
(9) The requirements of this subsection shall not be deemed to prohibit any fence as
required in section 10-240 of this ordinance, establishing standards for child care uses.
(10) The requirements of this section shall not apply to temporary security fences erected
on or around construction sites during such time a valid building permit is in effect.
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: September 8, 2008
City Council Public Hearing: October 28, 2008
ADOPTED: October 28, 2008
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Attest:
'-I1lJ~:&444#i2f
City Clerk
VOTE:
Councilwoman Cross
Councilman Drummond
Councilman Greenfield
Councilman Meyer
Councilman Rasmussen
Councilman Stombres
Aye
Absent
Aye
Aye
Aye
Aye