Zoning board recommends denying proposed code change to allow front-yard fences inside subdivisions
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Summary
The board recommended denial of AM2501, an applicant-proposed amendment to the Unified Land Development Code that would allow residential front-yard fences inside subdivisions. Staff opposed the change, citing subdivision character concerns; a supporting speaker said selective enforcement prompted the application.
The Henry County Zoning Advisory Board recommended denial on July 10 of an applicant-initiated amendment (AM2501) that would have allowed front-yard fences on residential lots inside subdivisions.
Planning staff presented the proposed change to Chapter 7 of the Unified Land Development Code, explaining that current rules allow administrative approval for front-yard fences in certain RA zoning areas outside subdivisions but prohibit front-yard fences inside subdivisions for most residential zones. Staff recommended denial, saying the change would allow a mix of fence types that could "drastically damage the character and quality" of established subdivision streetscapes.
The applicant's attorney, Sam Levine, and property owner Peter Nwazuzu argued the current code lacked a grandfather clause and said enforcement appeared inconsistent; they asked the county to allow property owners to request front-yard fences and for staff to retain review authority. Mr. Levine said enforcement on similar existing fences has been selective and that allowing requests would address fairness concerns.
Opponents, including residents who identified themselves as living on subdivision streets, said permitting front-yard fences would fragment uniform streetscapes and produce a patchwork of fence materials and heights. Some cited privacy and safety concerns raised by homeowners but argued those should not alter the shared visual character of neighborhoods.
After questions by board members about whether any existing front-yard fences were grandfathered and how building-permit review would apply, the board voted to recommend denial of the UHDC amendment; the motion passed unanimously. Staff noted the ULDC update planned for later in the year would reexamine fence language countywide.