Residential Fence Standards in the City of Bentonville
In the City of Bentonville, fences are permitted to be constructed up to the property line and may encroach into required setbacks. While the City of Bentonville Zoning Code defers general residential fence height limits to the Land Development Code, specific residential types such as Cottage Courts are restricted to a maximum height of 4 feet for fences located between the unit and a public street or trail.
Fence Definitions and General Placement
Under the City of Bentonville Zoning Code, a fence is defined as an artificially constructed barrier or enclosure made of wood, masonry, stone, wire, metal, or other manufactured materials used for boundaries, protection, privacy screening, or confinement [Section 201.02]. This definition specifically excludes natural growth such as hedges, shrubs, and trees.
Regarding placement, fences and walls are considered allowable encroachments into required setbacks. In all City of Bentonville districts, these structures may be built up to the property line, provided they comply with Section 1100.06 of the Land Development Code [Section 401.04].
Specific Fence Height Standards
While the general maximum height for standard residential dwellings in Residential (R) Districts is regulated by separate chapters of the municipal code, the City of Bentonville Zoning Code establishes clear height mandates for specific residential uses and specialized housing types.
Residential Fence Height Requirements
| Property or Facility Type | Fence Height Standard |
|---|---|
| General Residential (R or DN Districts) | Subject to Land Development Code Section 1100.06 |
| Cottage Court (Street, Trail, or Open Space facing) | 4 feet maximum |
| Cottage Court (Private Open Space) | 6 feet maximum |
| Licensed Child Care Family Home (Outdoor Play Area) | 6 feet minimum (Must be opaque) |
| Wireless Communication Facility (Security Fencing) | 6 feet minimum |
| Salvage Yards (Adjacent to R Districts) | 8 feet minimum |
Safety and Visibility Regulations
Regardless of the district, no fence in the City of Bentonville may be located where it creates an obstruction to traffic safety.
Sight Distance Requirements
The City of Bentonville prohibits any structure, including fences, from being located in a manner that obstructs sightlines in areas required to be kept clear for traffic safety [Section 401.04]. These areas are defined in the City of Bentonville Subdivision Code, Article 1100.01.
Prohibited Conduct for Fences
In nonresidential districts and specific residential contexts, the City of Bentonville community development director or code enforcement officers have the authority to remove or relocate fences if they are placed improperly and cause:
- Vehicle or pedestrian safety issues.
- ADA accessibility issues.
- Other critical safety obstructions [Section 801.06].
Specialized Residential Applications
For specific types of residential developments, the City of Bentonville applies stricter design standards:
- Cottage Courts: For this building type, the City of Bentonville requires that any fence located in the "front" area—specifically between the dwelling unit and the public street, trail, or common open space—must not exceed 4 feet in height to maintain the character and connectivity of the development [Section 601.35].
- Child Care Facilities: When a City of Bentonville residential property is used for a Licensed Child Care Family Home, the outdoor play area is required to be enclosed by an opaque fence at least 6 feet in height to ensure the safety and privacy of the children [Section 601.07].
Sections Cited
- Section 201.02 - Definitions Of Terms And Uses
- Section 401.04 - Application Of Zoning District Regulations
- Section 601.07 - Child Care
- Section 601.27 - Wireless Communication Facilities (WCF)
- Section 601.35 - Cottage Courts
- Section 801.06 - Enforcement