§ 106.30.050. Fences and Walls

A.

Applicability. The requirements of this Section apply to all fences and walls unless otherwise stated.

1.

Fences or wall in flood hazard area. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) or as otherwise known to the City shall comply with all requirements of Section 106.30.040 (Creekside Development and Flood Hazard Mitigation), and the City's Drainage and Development Policy, in addition to this Section.

2.

Exemptions. This Section does not apply to fences or walls required by regulations of a local, State or Federal agency.

B.

Design Review.

1.

When required. Design Review in compliance with Section 106.62.040 (Design Review) shall be required for a fence or wall that is visible from a public right-of-way and:

a.

Has a height greater than six feet and a length greater than 100 feet; and

b.

Regardless of height, has a length greater than 200 feet.

2.

Findings required for approval. Design Review approval of a fence or wall identified in Subsection B.1 above shall require that the review authority first find that the fence or wall:

a.

Complies with all applicable requirements of this Section; and

b.

Complies with the design guidelines for fences and walls in Section 106.31.070G (Fences and walls).

C.

Height limitations. Each fence, wall, and hedge shall comply with the height limitations shown in Table 3-1.

TABLE 3-1 MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES

Location	Maximum Height
Within required front yard setback	3 ft (2)
Within required side and rear yard setbacks	8 ft as the fence appears from a parcel or right-of-way abutting the site, 10 ft as the fence appears on the site. See Figure 3-2. (1)
Within required street side setback	3 ft. See also Section 106.30.060.E (Height Limit at Street Corners). Fencing exceeding a height of 3 ft shall be set back a minimum of 3 ft from the property line or sidewalk to allow for the planting of landscaping to mitigate the visual impact of the fence mass; provided that this requirement shall not apply to a fence that was lawfully constructed prior to November 6, 2006, which may be replaced in the same location. (1)
At intersections of alleys, streets, and driveways within sight visibility areas. See 106.30.060.E (Height Limit at Street Corners).	2' 6"
Outside of a required setback	As determined by the height limit for structures within the applicable zoning district. A fence higher than 6 ft requires a Building Permit. (1)
Within a zone where no setback is required, and not adjacent to a street	8 ft (1)

 

Notes:

(1)

Additional height to a maximum of 10 ft (higher than 6 ft requires a Building Permit) may be authorized through Design Review approval (Section 106.62.040).

(2)

In the RD-5—RD-15 zoning districts, the front yard fence setback shall be a minimum of 20 feet.

D.

Measurement of fence and wall height.

1.

Fence and wall height shall be measured from the top of the fence or wall to the level of the finished grade.

2.

The height of fencing placed on top of a retaining wall shall be measured from the base of the wall, except as provided in Subsection D.3.

3.

In cases where elevation of the finished grade within six feet of the base of the fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the lowest natural grade. See Figure 3-2.

E.

Specific fence and wall requirements.

1.

Fencing between different land uses. Fencing between different land uses shall be provided in compliance with Section 106.30.090 (Screening).

2.

Swimming pools, spas, and similar features. Swimming pools/spas and other similar water features shall be fenced in compliance with Building Code requirements, regardless of the other requirements of this Section.

3.

Outdoor equipment, storage, and work areas. Screening of nonresidential outdoor uses and equipment adjacent to a residential use shall be provided in compliance with Section 106.30.090 (Screening).

4.

Temporary fencing during construction. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. This fencing shall be approved by the Director.

5.

Temporary security fencing. Temporary Security Fencing (including chain link) with a maximum height of six feet may be installed around the property lines of vacant property with the approval of the Director. The vacant property shall be maintained in a condition free from weeds and litter.

6.

Retaining walls. Embankments to be retained that are over 48 inches in height shall be benched so that no individual retaining wall exceeds a height of 36 inches, and each bench is a minimum width of 36 inches. Wood shall not be used for a retaining wall that is more than two feet in height.

F.

Prohibited materials. Sheet or corrugated iron, steel, aluminum, bamboo, or asbestos are prohibited, with the exception of ornamental fences approved by the Director. Barbed wire, concertina or razor wire, or electrified or similar fence types are not permitted.

G.

Graffiti resistance. Each fence and wall adjacent to a public right-of-way in a nonresidential zone, or a zone that allows multi-unit residential development, shall be provided with a permanently maintained, graffiti resistant coating.

(Ord. No. 2008-15, § 1, 12-11-2008; Ord. No. 2013-011, § 3, 11-14-2013)