Albany requires a building permit before constructing a new fence or replacing an existing one. Under USDO Β§375-98 ("Location of Fences and Walls"), fences in a front yard or any yard with street frontage may not exceed 4 feet in height and must not be more than 60% solid (opaque). Fences in side and rear yards (including corner side yards) may not exceed 6 feet in height. In the I-1 and I-2 industrial districts, the side- and rear-yard maximum rises to 8 feet. A fence application is submitted to the Department of Planning and Development with a $25 application fee per lot, and any request to exceed these standards requires a letter of denial and a variance application.
Fences in the City of Albany are regulated by Section 375-98 of the Unified Sustainable Development Ordinance, titled "Location of Fences and Walls." The City requires a building permit before a new fence is constructed or an existing fence is replaced, with a $25 application fee per lot submitted to the Department of Planning and Development as a check or money order made out to the City of Albany Treasurer. Section 375-98 sets three baseline height tiers. Fences not exceeding 4 feet in height and no more than 60% solid (i.e., at least 40% open/visually transparent) may be located in any front yard or in any yard that has street frontage β the open-design standard is intended to preserve sightlines along the public way and the character of Albany's historic residential streets. Fences in any side or rear yard, including corner-side yards, may rise to a maximum of 6 feet. The single major land-use exception is in the I-1 (Light Industrial) and I-2 (General Industrial) districts, where side- and rear-yard fences may go up to 8 feet to provide perimeter security. Applicants who need to exceed any of these limits must first obtain a written letter of denial from the Department of Planning and Development explaining why the proposal does not comply with the USDO, and then file the appropriate variance or special-use application with the Board of Zoning Appeals. Specific design rules (such as which side of a stockade fence must face out and which materials are prohibited) are detailed in the Department's Fence Information Sheet that accompanies Β§375-98.
Building a fence without a permit, or installing a fence that exceeds the height/opacity standards of Β§375-98, is a USDO violation enforceable by the Department of Buildings & Regulatory Compliance. The Department typically issues a notice of violation directing the owner to obtain a permit, lower the fence, or remove it. Continued non-compliance can result in appearance tickets and per-day fines under Chapter 133 of the Albany City Code, and the owner may be required to apply for a variance from the Board of Zoning Appeals before the fence can remain in place.
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