Apex UDO Section 8.2.7 establishes the core fence requirements: 7-foot freestanding limit (4 feet in front yards), the finished side must face the right-of-way or neighbor, fences may not be installed around detention/retention basins (Sec. 6.1.13.B.10), and Sec. 8.2.7.F (Maintenance) requires owners to keep fences plumb, in good repair, with no more than 20% of surface disfigured, cracked, ripped, or peeling. Non-residential fences abutting a public right-of-way must be set back at least 4 feet with a minimum of 3 small evergreen shrubs every 20 feet (Sec. 8.2.7.C.1).
Sec. 8.2.7 of the Apex UDO opens: 'Fences, walls, and berms are permitted as elements of site design and in some locations, may be used to conceal storage or other unsightly or conflicting land uses. Fences are not allowed around detention and retention basins per Sec. 6.1.13.B.10. All fences, walls, and berms shall meet the following requirements...' Sec. 8.2.7.C.1 reads: 'Where non-residential fencing or walls will abut a public right-of-way, it shall be set back at least 4 feet from the right-of-way, and a minimum of 3 small evergreen shrubs spaced every 20 feet shall be planted on the side of the fence or wall facing the surrounding rights-of-way, walks, parks, trails, or other public use properties. Plantings shall not be planted within the public right-of-way. Fencing or walls must provide visual interest through the use of different materials, decorative posts and finials.' Sec. 8.2.7.F (Maintenance) requires that the owner 'is required to maintain the fence or wall in a safe and attractive condition,' meaning: (1) 'No fence or wall shall have more that [sic] 20% of its surface area with disfigured, cracked, ripped or peeling paint or other material'; (2) 'A fence or wall shall not stand with bent or broken supports, including loose or missing appendages'; (3) 'Fences and walls shall be plumb (vertical) to the ground'; and (4) 'Replacement of non-conforming fences, walls and berms shall comply with all the requirements of this Section.'
A fence around a detention or retention basin violates Sec. 6.1.13.B.10. A non-residential fence less than 4 feet from a public right-of-way, or one missing the required evergreen shrub plantings every 20 feet, violates Sec. 8.2.7.C.1. A fence with more than 20% disfigured, cracked, ripped, or peeling surface, or that leans (not plumb), violates Sec. 8.2.7.F and can be ordered repaired by Apex Code Enforcement.
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