On D, E-1, or R zoned property in Birmingham, a fence or wall in the complete front yard cannot exceed 4 feet (5 feet including supports and features), while side and rear yard fences may reach 8 feet (9 feet with supports), provided any adjacent residential structure is set back at least 5 feet from that lot line.
Section 5 (Walls and Fences), Subsection 3 of the City of Birmingham Zoning Ordinance (Title 1, Chapter 4) governs residential fence height. For the Complete Front Yard, no wall or fence may exceed 4 feet, and the overall height including supports and features may not exceed 5 feet total (except for wireless communication installations). Within a side or rear yard, a wall or fence may reach 8 feet, and supports and other features may reach 9 feet, provided any structure allowing residential occupancy on an adjacent property is set back a minimum of 5 feet from the side and/or rear lot line. Height is measured from the ground directly adjacent to the fence perpendicular upward to the utmost part of the fence, wall, supports, gates, or features (Subsection 1). A 'feature' (ornamental or accessory item added to the top of a fence) counts toward overall height; ordinary fencing material such as lattice does not.
Violation of the Zoning Ordinance is punishable under Title 1, Chapter 9, Article II, Section 11, which applies the General Code penalty (Section 1-1-6): not more than a $500 fine or imprisonment of not more than 6 months, or both. Each day a violation exists constitutes a separate offense.
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