Chapter 18.117
FENCES*
Sections:
18.117.010 Purpose.
18.117.020 Definitions.
18.117.030 Standard fences—Height, regulation and exceptions in Residential Zoning Districts.
18.117.040 Special fences—Height and regulations.
18.117.050 Prohibited fences.
18.117.060 Fencing in Commercial Zoning Districts.
18.117.070 Fencing within the public right-of-way.
18.117.080 Building permit and staff approval requirements.
* Prior ordinance history: Ords. 1143 and 1200.
18.117.010 Purpose.
To provide residents with greater security and protected outdoor living space through fencing of property while allowing light, views, access and visibility for the health, safety and welfare of the citizenry. Limitations on fencing also serve to maintain the aesthetic value of the City. (Ord. 1278 § 1 (part), 2000)
18.117.020 Definitions.
“Fences” are horizontal and vertical structures described in Section 18.08.770 of this title that are intended to separate properties, retain soil materials and provide security; or as defined by the Building Official. Fences may also be walls, hedges and screen planting.
“Front-most wall” means the facade of the residence (exclusive of accessory and appurtenant structures such as decks, stairwells, etc.) which is located closest to the front property line.
“Front property line” means the public right-of-way line closest to the front of the property, as determined by the City Engineer.
Height Measurement. Except as otherwise provided in this chapter, height of fences or walls between the setback line and lot line shall be measured from highest finished grade adjacent to the structure to the top of the structure as determined by the Planning Director.
“Irregular lot” means any lot which does not conform to the definition of a corner lot or an interior lot including, but not limited to, through lots, pie and reverse pie shaped lots, flag lots, triangular lots with double street frontages, multisided lots and other lots in the opinion of the Planning Director which are irregular.
“Lattice” means a patterned, crossed material (excluding chain link fencing) that is arranged to allow at least fifty percent of light and air through the crossed material. Arrangements allowing less than fifty percent will be considered solid.
Lot Lines. Rear and side lot lines shall be those defined in Section 18.08.540 of this Code, or as required by the special setback requirements of specified zoning districts. Front lot lines shall be those defined in this section. However, a property owner of a corner lot may designate which property line abutting a public right-of-way is his/her front and side property line, for purposes of this chapter only, regardless of the definition outlined in Section 18.08.540. No more than one property line abutting a public right-of-way may be designated as a front property line and no more than one property line abutting a public right-of-way may be designated a side property line.
“Replacement” is defined in this chapter as the replacement of any post or rail. Posts or rails cannot be “paired” or reinforced to avoid replacement to current code. Board repair or substitution does not constitute replacement.
“Sight distance triangle” means a minimum area of unobstructed view that occurs at street intersections, as outlined in Section 18.117.030(C) and (D).
“Statuary structures” include decorative objects such as birdbaths, fountains, wells and figures. (Ord. 1311 § 1(A), 2002; Ord. 1278 § 1 (part), 2000)
18.117.030 Standard fences—Height, regulation and exceptions in Residential Zoning Districts.
A. Front Yards. No fence, wall, hedge or screen planting of any kind located between the front property line and the front-most wall of a residence establishing an existing front setback (or the required front setback, whichever is less) shall be constructed, grown or maintained to exceed four feet in height. However, front yard fences within the sight distance triangular area on a corner lot as provided in subsection (C) of this section shall not exceed three feet in height unless an exception is obtained pursuant to Section 18.117.040(N).
1. Exceptions. This provision shall not apply to the following items provided that such amenities do not significantly obstruct vehicular or pedestrian visibility or significantly obscure light and views to adjacent properties:
a. Specimen trees or shrubs that do not form a continuous barrier;
b. Light poles, pillars or pilasters (not to exceed six feet in height and eighteen inches in width);
c. Front yard fence posts with attached lights (not more than two permitted; posts not to exceed four feet in height and eighteen inches in width and depth plus a two-foot-high light fixture);
d. Gates no higher than four feet in height and four feet in width for pedestrian gates; fourteen feet in width for driveway gates;
e. Trellises used for pedestrian purposes (not to exceed eight feet in height, five feet in width and five feet in depth);
f. One mailbox structure not to exceed six feet in height;
g. Up to three statuary structures not to exceed four feet in height, two feet in width and two feet in depth each;
h. Other structures which in the opinion of the Planning Director are of a similar nature.
B. Rear and Side Yards. Fences, as described in Section 18.117.020, located between the front-most wall establishing an existing front setback (or the required front setback, whichever is less) and the side or rear property line, shall not be constructed, grown or maintained to exceed six feet in height plus one foot of lattice. If the fence falls within a corner lot or driveway area, the fence must also meet the requirements of subsection (C) of this section.
C. Corner Lots. Fences, as defined in Section 18.117.020, shall be maximum of three feet in height within the sight distance triangular area formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a distance of forty feet along both lines from their intersection, unless an exception is obtained from the Building Official as outlined in Section 18.117.040 (N). Trees, or any portions thereof, that are located within this sight distance triangle shall have a clearance of seven feet high minimum between the lowest portion of the canopy and the sidewalk, and thirteen feet high minimum between the lowest portion of the canopy and street. (Ord. 1311 § 1(B), (C), 2002; Ord. 1278 § 1 (part), 2000)
18.117.040 Special fences—Height and regulations.
Special fences are subject to review and approval by the Planning Department. Staff may impose reasonable conditions or restrictions including, but not limited to, neighbor notification, setbacks and landscape screening as staff deems necessary to secure the purpose of this title and to assure compatibility of the special fence with adjoining properties and those in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with. Special fences include, but are not limited to the following:
A. Recreation Area Fence. Fences not to exceed twelve feet in height may be located around tennis courts, badminton courts, basketball or volleyball courts and similar play areas, providing that all parts of the fence over six feet are made of open-wire construction or other corrosion-resistant material;
B. Security Fences. Fences not to exceed eight feet in height may be located around industrial, manufacturing or research uses where required for security purposes, screening, or containing and protecting hazardous materials;
C. Swimming Pool Fences. Fences required for swimming pools are governed by Chapter 15.40 of this Code. Swimming pool fences are not subject to Planning Department approval unless they exceed the standard fence height regulations stated in Section 18.117.030;
D. Abutting Nonresidential Fences. Where residential properties abut industrial or commercial areas, or public property other than a public street, fences may be constructed to a height not to exceed eight feet, and meeting minimum sight distance triangle requirements;
E. Trellises used for pedestrian purposes exceeding eight feet in height, five feet in width and five feet in depth;
F. Statuary structures exceeding the exemption limit of three structures and/or exceeding four feet in height and two feet in depth;
G. Fence posts greater than eighteen inches in width or depth;
H. Front yard fence posts with more than two attached lights. In no event shall such posts exceed four feet in height plus a two-foot-high light fixture;
I. Chain link fencing in residential areas is permitted in the side and rear yards with vinyl-coating and landscape screening. Chain link fencing shall not exceed six feet in height in these areas. Chain link fencing in front yards in residential areas is not permitted;
J. Fences not to exceed six feet in height with an additional one foot of lattice for any portion of an irregular lot between the house and property line adjacent to the public right-of-way;
K. Fences not to exceed six feet in height with an additional one foot of lattice for any portion of a lot two hundred feet in depth or greater between the house and property line adjacent to the public right-of-way. Such fences shall not be located closer than fifteen feet to the front property line;
L. Fences not to exceed six feet in height with an additional one foot of lattice within front yards when not located in front of a primary residence and not closer than fifteen feet to a front property line;
M. Gates exceeding four feet in width for pedestrian use or fourteen feet in width for driveway use;
N. Exceptions to sight distance triangles if the necessity for the fence outweighs concerns for public safety as determined by the Building Official;
O. Other structures which in the opinion of the Planning Director are of a similar nature. (Ord. 1278 § 1 (part), 2000)
18.117.050 Prohibited fences.
The following types of fences are prohibited:
A. Barbed wire or razor wire; except as follows:
1. The use of barbed wire fencing may be permitted (in Industrial Zoning Districts only) at the top portion of a fence which is at least six feet in height upon securing a conditional use permit from the Planning Commission, after demonstrating a need for security purposes;
B. Electrically charged fences;
C. All wire, twine or rope fences consisting of one or more strands;
D. Fences constructed or maintained in the public right-of-way without an encroachment permit;
E. Fences constructed or maintained closer than three feet to any fire hydrant;
F. Fences constructed or maintained so as to sag or lean;
G. Dilapidated fences;
H. Fences creating a safety hazard to motorists and/or pedestrians;
I. Construction fencing where no active building permit exists or where not required by the Building Official;
J. Chain link fencing in front yards in Residential Zoning Districts. (Ord. 1278 § 1 (part), 2000)
18.117.060 Fencing in Commercial Zoning Districts.
All fencing over six feet in height within commercially zoned districts shall be subject to review and approval by the Planning Department. In no case shall fencing exceed eight feet in height. (Ord. 1278 § 1 (part), 2000)
18.117.070 Fencing within the public right-of-way.
All fencing within the public right-of-way requires an encroachment permit from the City Engineer and shall be subject to all requirements of this chapter, in addition to those of the Public Works Department. (Ord. 1278 § 1 (part), 2000)
18.117.080 Building permit and staff approval requirements.
A. No person shall erect, construct or maintain any solid fence or wall exceeding six feet in height (exclusive of lattice) without first obtaining a permit from the Building Division.
B. No person shall erect, construct or maintain fences in combination with retaining walls of any height without first obtaining a permit from the Building Division.
C. No person shall erect, construct or maintain pressure treated wood retaining walls over three feet tall without first obtaining a permit from the Building Division. Walls three feet and under must have backfill no steeper than 2:1.
D. No person shall erect, construct or maintain concrete or masonry retaining walls over four feet tall, measured from the bottom of the footing to the top of the wall without first obtaining a permit from the Building Division. (Ord. 1278 § 1 (part), 2000)