Where a fence sits on top of a retaining wall in Philadelphia, the combined height of the exposed retaining wall plus the fence may not exceed the maximum height permitted for a fence in that location.
Zoning Code 14-706 addresses fences placed on retaining walls so that owners cannot use grade changes to circumvent the height limits. Any portion of a retaining wall that exists above the higher-level grade is treated as a fence and must comply with the fence requirements. Where a fence is located on top of a retaining wall, the combined height of the retaining wall above the higher-level grade plus the fence shall not exceed the maximum height permitted for a fence (4 feet in the front/street-side area subject to the 50% opacity rule, or 6 feet elsewhere on a residential lot). A building permit is required for masonry walls/fences that exceed two feet in height. This provision works together with the front-setback and sight-triangle limits so that a tall masonry retaining wall topped by a fence cannot exceed the effective fence height cap in a given yard.
A retaining-wall-plus-fence combination that exceeds the applicable fence height is a zoning violation requiring a ZBA variance; L&I can issue a refusal. Masonry retaining walls over two feet built without a building permit are subject to L&I enforcement.
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