General Birmingham fence requirements prohibit any fence, wall, or planting that obstructs traffic visibility and creates a 'line of sight' problem as determined by the Traffic Engineering Department, and require the finished side of a fence to face the adjacent property and thoroughfare. Fences must be kept upright and well-maintained.
Section 5 (Walls and Fences) of the City of Birmingham Zoning Ordinance sets citywide fence standards beyond simple height. Under Subsection 5 (Visibility), no fence, wall, or planting may be erected, placed, or constructed so that it obstructs visibility of traffic and creates a 'line of sight' problem as determined by review of the Traffic Engineering Department; the fence or wall must be reconfigured or repositioned in compliance with that department's recommendation. Under Subsection 7 (Construction, Materials, and Maintenance), the finished side of a fence must face the adjacent property and thoroughfare, fences in front yards must not be opaque (except for certain uses such as junk yards), and all fences must be well-maintained, in upright condition, and free of missing and broken parts, with salvaged materials such as pallets prohibited. On non-residentially zoned property within the same block face as, or abutting, residentially zoned property, the residential height restrictions apply (Subsection 4); otherwise non-residential fence height is set by administrative staff review.
Enforced under Title 1, Chapter 9, Article II, Section 11 of the Zoning Ordinance (General Code Section 1-1-6 penalty): up to a $500 fine or up to 6 months imprisonment, or both, with each day a separate offense. The Traffic Engineering Department can require relocation of a sight-obstructing fence.
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