Section 4-4-040

4-4-040 FENCES AND HEDGES:

A. PURPOSE:

These regulations are intended to regulate the material and height of fences and hedges, particularly in front yards and in yards abutting public rights-of-way, in order to promote traffic and public safety and to maintain aesthetically pleasing neighborhoods. The following regulations are intended to provide and maintain adequate sight distance along public rights-of-way at intersections and to encourage safe ingress and egress from individual properties. These regulations also encourage the feeling of spaciousness along neighborhood streets and minimize the closed city atmosphere which tall fences along public rights-of-way can create.

B. APPLICABILITY:

The provisions and conditions of this Section regulating height are not applicable to fences or barriers required by State law or by the zoning provisions of this Code to surround and enclose public safety installations, school grounds, public playgrounds, private or public swimming pools and similar installations and improvements.

Fences and hedges within the urban separator overlay are also subject to requirements of the Urban Separator Overlay regulations (see RMC 4-3-110). (Ord. 5132, 4-4-2005)

C. GENERAL FENCE AND HEDGE REQUIREMENTS:

1. Fence Height – Method of Measurement: The height shall be measured from the top elevation of the top board rail or wire to the ground. In cases where a wall is used instead of a fence, height shall be measured from the top surface of the wall to the ground on the high side of the wall.

2. Berms: A berm may not be constructed with a fence on it unless the total height of the berm plus the fence is less than the maximum height allowable for the fence if the berm were not present.

3. Grade Differences: Where the finished grade is a different elevation on either side of a fence the height may be measured from the side having the highest elevation.

4. City May Require Modification: Where a traffic vision hazard is created, the City may require a modification to the height limitations and location of fences, hedges or walls to the degree necessary to eliminate the hazard.

D. STANDARDS FOR RESIDENTIAL USES:

1. Height Limitations for Interior Lots:

a. Front Yard Setbacks: Fences, walls or hedges a maximum of forty eight inches (48") in height may be allowed within the required front yard subject to these provisions, except that in the R-10 or R-14 zone, fences in the front yard shall be a maximum of thirty six inches (36"). (Ord. 5518, 12-14-2009)

b. Side Lot Lines: Fences, walls or hedges on interior lot lines of required front yards shall not exceed forty eight inches (48") in height. Fences, walls or hedges on interior side lot lines not within required front yards may be a maximum of seventy two inches (72") in height.

c. Rear Lot Line: A fence or hedge a maximum of seventy two inches (72") may be located on the rear lot line.

2. Height Limitations for Corner Lots:

a. Front Yard Setbacks: Fences, walls or hedges a maximum of forty two inches (42") in height may be allowed on any part of the clear vision area. Fences, walls, or hedges a maximum of forty eight inches (48") in height may be allowed within any part of the front yard setback when located outside of any clear vision area on said lot, except that in the R-10 or R-14 zone, fences in the front yard shall be a maximum of thirty six inches (36").

b. Interior Side Lot Line: Fences, walls or hedges a maximum of seventy two inches (72") in height may be located on interior side lot lines to the point where they intersect the required front yard setback, in which case they shall be governed by subsection D2a of this Section.

c. Side Lot Line Abutting Street: Fences, walls or hedges a maximum of forty two inches (42") in height within any clear vision area and forty eight inches (48") in height elsewhere, except that in the R-10 and R-14 zones, the maximum height of the first fifteen feet (15') of the fencing as measured from the front facade shall be a maximum thirty six inches (36”) in height. The remainder of the fence or hedge shall be a maximum seventy two inches (72”) in height.

d. Rear Lot Line: Fences, walls, or hedges a maximum of seventy two inches (72") in height may be located along the rear lot line except the fence shall be limited to forty eight inches (48") in height where they intersect the width of the required side yard setback of the side street and where the fence abuts the front yard of an interior lot.

(Ord. 5518, 12-14-2009)

3. Gate Required: Residential fences, walls or hedges along rear lot lines of interior lots abutting alleys shall contain an access gate to the alley.

4. Electric and Barbed Wire Fences: Electric and/or barbed wire fences may be permitted by special administrative fence permit in all residential zones in cases where large domestic animals are being kept, provided additional fencing or other barrier acceptable to the Administrator is erected along the property lines. (Ord. 5578, 11-15-2010)

5. Location of Fences in the R-10 and R-14 Zones: Fences shall be located a minimum of one foot (1') from the parcel line to allow for plantings. (Ord. 5518, 12-14-2009)

6. Fencing Material in the R-10 and R-14 Zones: Fences shall be constructed of wood, simulated wood, iron, or masonry. Solid fences and chain link are prohibited. (Ord. 5518, 12-14-2009)

7. Special Design Features for Front Yard Fences in the R-10 and R-14 Zones: Front yard fences shall be decorative and help define the semi-private area in the front of the home. The fence shall provide a balance of solid surfaces and voids, such as picket fences or Kentucky rail style fences. (Ord. 5518, 12-14-2009)

E. STANDARDS FOR COMMERCIAL, INDUSTRIAL AND OTHER USES:

1. Location and Maximum Height: A maximum of eight feet (8') anywhere on the lot provided the fence does not stand in or in front of any required landscaping or pose a traffic vision hazard.

2. Electric Fences: All electric fences shall be posted with permanent signs a minimum of thirty six (36) square inches in area at intervals of fifteen feet (15') stating that the fence is electrified.

Electric fences and any related equipment and appliances must be installed in accordance with the manufacturer’s specifications and in compliance with the National Electrical Code.

3. Barbed Wire Fences: Barbed wire may only be used on top of fences at least six feet (6') high for commercial, industrial, utility and public uses.

4. Bulk Storage Fences: See RMC 4-4-110.

5. Special Provisions: Fences for mobile home parks, subdivisions or planned urban development and for sites which are mined, graded or excavated may vary from these regulations as provided in the respective code sections. (Ord. 5153, 9-26-2005)

F. ADMINISTRATIVE REVIEW OF VARIATION FROM HEIGHT RESTRICTIONS:

A property owner wishing to vary the height restrictions or placement of a fence or hedge on a lot may make written application to the Planning Division for an administrative review of the situation. The Department’s staff shall review the application and prepare a written determination based upon criteria listed in these regulations. (Ord. 5450, 3-2-2009)

G. SPECIAL ADMINISTRATIVE FENCE PERMITS:

1. Fences Eligible for Administrative Review Process: Persons wishing to have one of the following types of fences may submit a letter of justification, site plan and typical elevation together with the permit fee to the Department of Community and Economic Development:

a. Fences exceeding forty eight inches (48") within front yard or side yards along a street setback but not within a clear vision area.

b. Electric fences.

c. Barbed wire fences. (Ord. 5450, 3-2-2009; Ord. 5578, 11-15-2010)

2. Evaluation Criteria: The Development Services Division may approve the issuance of special fence permits provided that the following objectives can be met:

•	The proposed fence improves the privacy and security of the adjoining yard space;

•	The proposed fence does not detract from the quality of the residential environment by being out of scale or creating vast blank walls along public roadways;

•	The proposed fence compliments the environment it serves in an aesthetically pleasing manner; and

•	The proposed fence does not present a hazard to vehicular or pedestrian traffic.

a. Acceptable Measures to Meet Criteria: Fences located within the front or side and/or rear yard along a street setback may be a maximum of seventy two inches (72") in height, provided the evaluation criteria are met. Acceptable measures to achieve these criteria include, but are not limited to the following:

•	Permanent landscaping along the front of the fence;

•	Quality fence material, such as cedar fencing;

•	Modulation of the fence;

•	Similar design and material as other fences in the surrounding neighborhood;

•	Increased setbacks from the adjacent sidewalk;

•	Ornamental materials or construction treatment, such as wrought iron;

•	Orientation of the finished face of the fence toward the street; and

•	Other comparable construction or design methods.

b. Clear Vision Area: The fence proposed for special permits must have no portion in the clear vision area over forty two inches (42") in height. The location and height of the fence must not obstruct views of oncoming traffic, or views from driveways. (Amd. Ord. 5008, 4-28-2003)

H. COMPLIANCE:

Fences which do not comply with these regulations must be brought into compliance within six (6) months from the date of notice of fence violation from the City. (Ord. 4056, 4-13-1987)