Chapter 3.2
LANDSCAPING, STREET TREES, FENCES AND WALLS

Sections:

3.2.100    Purpose.

3.2.200    Landscape Conservation.

3.2.300    New Landscaping.

3.2.400    Street Trees.

3.2.500    Fences and Retaining Walls.

3.2.100 Purpose.

The purpose of this chapter is to promote community health, safety and welfare by protecting natural vegetation, and setting development standards for landscaping, street trees, fences and walls. Together, these elements of the natural and built environment contribute to the visual quality, environmental health and character of the community. Trees provide climate control through shading during summer months and wind screening during winter. Trees reduce stormwater runoff and are a valuable component of the City’s infrastructure. Trees and other plants also buffer pedestrians from traffic. Walls, fences, trees and other landscape materials provide vital screening and buffering between land uses. Landscaped areas help to control surface water drainage by capturing rainwater within their canopies and can improve air and water quality. [Ord. NS-2016, 2006]

3.2.200 Landscape Conservation.

Landscape Conservation prevents the indiscriminate removal of significant trees and other vegetation, including vegetation associated with streams, wetlands and other protected natural resource areas. This section cross-references BDC 2.7.600 and 2.7.700, which regulate development of areas of special interest.

The purpose of this section is to incorporate significant native vegetation into the landscapes of development. The use of existing mature, native vegetation within developments is a preferred alternative to removal of vegetation and re-planting. Mature landscaping provides summer shade and wind breaks, allows for water conservation due to larger plants having established root systems, and assists with erosion control within disturbed construction sites.

A.    Applicability. The standards in this section shall apply to all development sites containing significant vegetation, as defined below, except for residential development on Residential District lots that were created through a subdivision or partition plat filed with Deschutes County prior to the effective date of the ordinance codified in this code.

B.    Significant Vegetation. Significant vegetation means individual trees with a specific trunk diameter as measured four feet above the ground (known as DBH, “diameter at breast height”); shall be inventoried during the site design process and protected during construction unless otherwise approved for removal through the site plan review process. For the purpose of this section, deciduous trees measuring six inches or greater and coniferous trees measuring 10 inches or greater shall be considered significant vegetation.

C.    Mapping and Protection Required. A Tree Protection Plan shall be prepared and submitted with the development application. Significant vegetation shall be inventoried and mapped as required by BDC Chapter 4.2, Site Plan Review and Design Review, BDC 2.7.600, Waterway Overlay Zone (WOZ), and 2.7.700, Upland Areas of Special Interest Overlay Zone. Trees shall be mapped individually and identified by species and size (DBH). A protection area shall be defined around the edge of all branches (drip-line) of each tree (drip-lines may overlap between trees) or stand of trees. The City also may require an inventory, survey, or assessment prepared by a qualified professional when necessary to determine tree health, vegetation boundaries, building setbacks, and other protection or mitigation requirements.

D.    Protection Standards. Significant trees identified as meeting the criteria in subsection (B) of this section shall be retained unless approved by the City to be removed for development. Preservation shall be considered impracticable when it would prevent development of public streets, public utilities, needed housing or land uses permitted by the applicable land use district. The term prevent in this standard means that the development cannot be designed to avoid the significant tree(s). An inability to achieve maximum permitted density by complying with this subsection shall not in itself be considered to prevent development. Building envelopes commensurate with the lot coverage standard of the zone shall be depicted on the Tree Protection Plan. Trees outside the envelope shall be protected unless they prevent development. In instances where applying exceptions to certain development standards would make tree preservation practical, the City may allow one or more of the following exceptions to the development standards when individual trees with a DBH of 24 inches or larger or stands of trees that are in good health as determined by a qualified professional, are preserved by a proposed development with an approved tree preservation plan:

•    Reductions of setbacks up to 25 percent.

•    Reduction of required on-site parking up to 10 percent.

•    Increased lot coverage up to 15 percent.

•    Reduced landscape coverage up to five percent.

1.    Protection of Significant Trees. The applicant must submit a Tree Protection Plan on a site plan map, drawn to scale, that includes the following provisions where appropriate:

a.    Inventory of Significant Vegetation. Depict all significant vegetation by DBH and species, showing property lines, two-foot contours and rock outcroppings.

b.    Building Envelopes. The developer shall depict the buildable area of a lot that is consistent with the lot coverage area of the zone.

c.    Barriers. The developer shall depict protection barriers on the site plan and locate and mark with flagging and/or signs all construction roads, parking places for workers, and areas for the storage of building materials, gravel and soil; stake out the exact locations of all utility trenches; erect physical barriers around all trees to be retained or groups of trees around the work site. Barriers that extend beyond the drip-line of the tree are preferred.

d.    Soil Compaction. The Tree Protection Plan shall depict typical details of methods for protecting the critical root zone. If barriers are not feasible to keep away vehicles and foot traffic, use six to eight inches of wood chips spread over the root zone or bridge root area overlaid by plates of steel or other suitable material.

e.    Grade Changes. If a grade change is unavoidable, retaining walls shall be used to protect the root system.

f.    Severing Roots. Avoid cutting anchoring roots if possible. Tunneling for smaller household utility lines may be an option for tree preservation. When root cuts are unavoidable, the cuts shall be made with a pruning saw.

g.    Above-Ground Injuries to Trees. Do not use trees for posting signs, electrical wires and pulleys. Keep trees free of nails, screws, and other fastening devices. Prevent trunk injuries by surrounding trunk with one-inch by four-inch wooden slats and securing in place with gauge wire around slats.

h.    Soil Contamination. Altering the soil chemistry can result in weakened trees, making them more susceptible to insects and disease. Prevent adverse effects on soil chemistry by spreading heavy plastic tarping where concrete is to be mixed or sheet rock cut; do not clean paintbrushes and tools over tree roots; dispose of chemical wastes properly and do not drain onto soil.

i.    Altering the Natural Drainage Course. When the natural drainage of a site is altered, watering for existing trees must be augmented by an irrigation system. Prior to site grading, prepare a site drainage plan. Sometimes surface water containment can sustain existing stands of trees without artificial irrigation.

2.    The City may approve the provision for substituting the retention of smaller trees in lieu of significant trees if it can be determined by a qualified professional that the small trees have equal or greater measurable benefits as specified in the purpose of this section and/or that the significant trees will not survive.

3.    All existing trees in good health, as determined by a qualified professional, which are located within the front yard setback or within an undeveloped public right-of-way shall be conserved whenever practical.

4.    When the removal of significant trees cannot be avoided, the City may require, as part of the required landscaping plan for the development site, the replacement of trees in size and number equivalent to the square inch measurement at DBH.

E.    Construction. All areas of significant vegetation shall be protected prior to, during, and after construction. Grading, operation of vehicles and heavy equipment, and storage of supplies and construction materials are prohibited within significant vegetation areas, except as approved in writing by the City for installation of utilities or streets. Such approval shall only be granted after the City concludes in writing that there is no other reasonable alternative to avoid the protected area, and any required mitigation is provided in conformance with BDC 1.3.300(C), Mitigation for the Removal of Vegetation. The written approval shall include the specific facts that support the conclusion.

F.    Performance Bond. To ensure that the significant trees identified through the development review process will be retained and protected, the Review Authority may require the developer to post a performance bond in an amount determined by the size of the trees being preserved as shown below:

Tree Size

Bond Amount

4 – 6 inches DBH

$1,000

6 – 10 inches DBH

$1,500

10 – 16 inches DBH

$3,000

Greater than 16 inches DBH

$5,000

The amount of the required performance bond shall be determined by totaling the number of trees being preserved based on size and bonding value in the above table. The developer may utilize one of the following methods to assure full and faithful performance:

1.    A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Attorney.

2.    A cash deposit in a City account at an approved lending institution.

3.    An irrevocable standby letter of credit from a federally insured banking institution or savings and loan operating in Oregon that unconditionally promises to pay the funds pledged upon demand by the City. Such obligation must be unaffected by the financial status of the person who has obtained the letter of credit.

4.    An “assurance provider” arrangement between the developer, the City and a federally insured financial institution which assures the City that funds to mitigate the loss or damage of significant trees identified through the development review process for preservation and protection will be provided by the federally insured financial institution to the City in the event the developer does not perform in conformance with the Land Use Development Agreement, and the federally insured financial institution must be satisfactory to the City.

5.    The City may place a second position lien on the subject property. The lien shall accrue interest at the rate of six percent until such time the lien amount has been collected. The lien amount shall be paid to the City in full prior to the final occupancy of a building or final plat recordation of a subdivision or partition plat.

G.    Termination of Bond. If the developer fails to carry out the provisions of the agreement, the City shall call upon the bond, or letter of credit or cash deposit or property lien or assurance provider arrangement, to finance any cost or expenses resulting from said failure. If the amount of the deposit, letter of credit, bond, or property lien or assurance provider arrangement exceeds the cost and expense incurred by mitigating the loss or damage of the significant trees, the City shall deposit the remainder into a City account for the purpose of tree preservation education, tree planting and maintenance. If the amount of the deposit, letter of credit, bond or assurance provider arrangement is less than the cost and expense incurred by the City for the improvements and repairs, the developer shall be liable to the City for the difference.

H.    Exemptions. The mitigation standards in BDC 1.3.300(C) shall not apply in the following situations:

1.    Dead, Diseased, and/or Hazardous Trees. Trees that are dead or diseased, or pose a hazard to personal safety, property or the health of other trees, may be removed if the Planning Director approves a report and recommendation from a certified arborist or other qualified professional. Prior to tree removal, the applicant shall provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection (H)(2) of this section.

2.    Emergencies. Significant vegetation may be removed in the event of an emergency without land use approval pursuant to BDC Title 4, when the vegetation poses an immediate threat to life or safety, as determined by the Planning Director based on a certified arborist’s report submitted to the City. [Ord. NS-2016, 2006]

3.2.300 New Landscaping.

This section sets standards for and requires landscaping of all development sites that require Site Development Review. This section also requires landscape buffering for parking and maneuvering areas, and buffering between different land use districts. Note: Other landscaping standards are provided within the individual land use districts and in BDC Chapter 3.6, Special Standards for Certain Uses, for specific types of development.

A.    Applicability. This section shall apply to all new development in all zones requiring Site Development Review.

B.    Landscaping Plan Required. A landscape plan is required. All landscape plans shall conform to the requirements in BDC 4.2.300(A)(7), Landscape Plan.

C.    Landscape Area Standards. A minimum percentage landscape coverage is required. Coverage is measured based on the size of plants at maturity or after two years of growth, whichever comes sooner. The minimum required landscaping shall equal 15 percent of the gross lot area for the following uses:

1.    Residential – duplex and triplex units and multiple-family developments.

2.    Commercial and office developments.

3.    Industrial developments. Seventy-five percent of the required 15 percent site landscaping shall be located within the front yard setbacks and parking areas or other areas visible to the public, unless otherwise required as a condition of approval.

4.    Mixed-use developments.

5.    Special landscape standards may be required in accordance with the special standards for certain uses in BDC Chapter 3.6 or as specified in BDC Chapter 2.7, Special Planned Districts.

D.    Landscape Materials. Landscape materials include live trees, shrubs, ground cover plants, nonplant ground covers, and outdoor hardscape features, as described below:

1.    Plant Selection. Native vegetation shall be preserved or planted where practical. A combination of live deciduous and evergreen trees, shrubs and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions. Fire resistive plants should be planted in forested areas or on slopes where necessary to reduce the risk of fire spreading to structures. As necessary, soils shall be amended to allow for healthy plant growth.

2.    Hardscape Features. Ground-level areas for passive use, such as patios, decks, plazas, paved dining areas, etc., may cover up to 15 percent of the required 15 percent landscape area; swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.

3.    Nonplant Ground Covers. Bark dust, chips, aggregate or other nonplant ground covers may be used, but must be confined to areas underneath plants and is not considered a substitute for ground cover plants. Measures shall be taken to prevent erosion of nonplant ground covers onto adjacent properties or rights-of-way.

4.    Tree Size. Required deciduous trees shall have a minimum caliper size of two inches or larger at time of planting, including trees planted adjacent to a public right-of-way.

5.    Shrub Size. Shrubs shall be planted from two-gallon containers or larger.

6.    Ground Cover Location and Size. All of the landscaped area that is not planted with trees and shrubs or covered by allowable hardscape features must be planted in ground cover plants, including grasses. Ground cover plants shall be sized and spaced in the following manner: planted at a rate of at least one plant per 18 inches on center, in triangular spacing based on plant habitat (growth rate) with an expected coverage of 80 percent within five years of the time of planting.

7.    Significant Vegetation. Significant vegetation preserved in accordance with BDC 3.2.200 may be credited toward meeting the minimum landscape area standards in subsection (C) of this section. Credit shall be granted based on the total square footage of the preserved canopy. The street tree standards of BDC 3.2.400 may be waived when trees preserved within the front yard setbacks provide the same or better shading and visual quality as would otherwise be provided by street trees between the street and sidewalk.

8.    Stormwater Facilities. Stormwater facilities (e.g., detention/retention ponds and swales) shall be landscaped. Landscaped bio-swales are encouraged and can be counted in the required amount of landscaped area on the site. Planting of broad leaf canopy trees is encouraged as effective surface water interceptors.

E.    Landscape Design Standards. All yards, parking lots and required street tree planter strips shall be landscaped at the time of site development in accordance with the provisions of this chapter. All required landscaping and related improvements shall be completed prior to the issuance of a Certificate of Occupancy. Only during winter months when the ground is frozen shall the required landscape improvements be eligible for financial guarantee prior to occupancy. Landscaping shall provide erosion control, visual interest, buffering, privacy, open space and pathway identification, shading and wind buffering, based on the following standards:

1.    Yard Setback Landscaping. Landscaping in yard setbacks shall satisfy the following criteria:

a.    Based on the proposed use of the site, provide visual screening and privacy within side and rear yards, while leaving front yards and building entrances mostly visible for security purposes; and observing the clear vision requirements of BDC Chapter 3.1;

b.    Use shrubs and trees as windbreaks or solar shading, where needed;

c.    Retain natural vegetation, as practicable;

d.    Define pedestrian pathways and open space areas with landscape materials;

e.    Provide focal points within a development, such as signature trees (i.e., large or unique trees), hedges and flowering plants;

f.    Use trees to provide summer shading within common open space areas and parking lots, and within front yards when street trees cannot be provided;

g.    Use a combination of plants for year-long foliage, color and interest; and

h.    Use landscaping to screen outdoor storage and mechanical equipment areas, and to enhance graded areas such as berms, swales and detention/retention ponds.

2.    Parking Areas. A minimum of 10 percent of the total paved area of all parking lot(s), as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of an evenly distributed mix of broad-canopied deciduous shade trees with shrubs and/or ground cover plants. Evenly distributed means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per eight parking spaces total shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 50 spaces shall include landscape islands with trees to break up the parking area into rows.

All landscaped areas for trees shall have minimum dimensions of four feet by four feet to ensure adequate soil, water, and space for healthy plant growth. Where practical, landscape areas within parking lots shall be designed at a lower grade than the parking surface to allow surface water drainage to collect in the planter areas.

3.    Landscape Buffering and Screening Required. Landscape buffering and screening are required under the following conditions:

a.    Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or maneuvering area for more than 10 vehicles is adjacent and parallel to a public or private street, a landscape buffer consisting of a variety of trees and/or shrubs shall be provided. The width of the landscape buffer shall be the same width as the front yard setback or a minimum of three feet, whichever is greater. The required screening shall provide breaks, as necessary, to allow for access to the site and sidewalk by pedestrians via pathways.

The design of the screening shall also allow for visual surveillance of the site for security. Any areas between the parking and maneuvering area and the street/driveway line shall be landscaped with plants or other ground cover. All walls and hedges shall be maintained in good condition, or otherwise replaced by the owner.

b.    Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering area, or driveway, is adjacent to a building, the area shall be separated from the building by a raised walkway, plaza, or landscaped buffer no less than two feet in width. Raised curbs, bollards, wheel stops, or other design features shall be used to protect buildings from being damaged by vehicles. The use of sidewalks adjacent to a building shall comply with ADA standards.

When parking areas are located adjacent to residential ground-floor living space, a landscape buffer with a minimum width of five feet is required.

c.    Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, and Automobile-Oriented Uses. All mechanical equipment, outdoor storage, manufacturing, and service and delivery areas shall be screened to the greatest extent practical from all public streets, Residential Districts, and housing units on the same site. Screening shall be provided by one or more of the following: decorative wall (i.e., masonry or similar quality material as the building), evergreen hedge, non-see-through fence, or a similar feature that provides a non-see-through barrier. Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation. (See BDC 3.2.500 for other standards related to fences and walls.)

F.    Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged. Water efficient irrigation shall be provided for new plants. If the plantings fail to survive, the property owner shall immediately replace them with an equivalent specimen (i.e., evergreen shrub replaces evergreen shrub, deciduous tree replaces deciduous tree, etc.). All other landscape features required by this code shall be maintained in good condition, or otherwise replaced by the owner.

G.    Additional Requirements. Additional buffering and screening may be required for specific land uses, as identified within the individual land use districts. In addition, the City may require additional landscaping through the Conditional Use Permit process. [Ord. NS-2016, 2006]

3.2.400 Street Trees.

This section sets standards and requirements for planting trees along all streets for shading, comfort, safety and aesthetic purposes. Street trees must be planted for developments subject to BDC 3.6.200(H), Duplex and Triplex Development, BDC 4.2.500, Site Plan Review, and BDC Chapter 4.3, Subdivisions, Partitions, Replats and Property Line Adjustments, for residential land divisions. Where sidewalks are being constructed with a development the street trees must not be planted until the sidewalks are completed. Street trees must conform to the following standards and guidelines:

A.    City of Bend Approved Tree List. The City has developed a list of desirable trees for planting along streets in three size classes: low, medium and tall. Choices of trees are limited to the following list. Exceptions may be granted by the Planning Director.

Street trees must be those species suitable for the location in which they are placed. Typically, trees with a hardiness rating for zones 1 through 5 will survive in Central Oregon as long as irrigation is provided. Approved tree species include:

1.

Trees with Low Mature Tree Height (25 feet or less), for use in areas under power lines or in small planting areas less than four feet width:

 

Amur Maple/Acer ginnala

Hawthorn/Crataegus ‘variety’

 

Canada Red Cherry/Prunus virginiana ‘Shubert’

Japanese Lilac Tree/Syringa reticulata

 

Eastern Redbud/Cercis canadensis

Serviceberry/Amelanchier

 

Flowering Crabapple/Malus ‘variety’ (choose fruitless varieties)

 

2.

Trees with Medium Mature Tree Height (30 to 45 feet):

 

American Hornbeam/Carpinus caroliniana

Hedge Maple/Acer campestre

 

Callery Pear/Pyrus calleryana

Mountain Ash/Sorbus acuparia ‘variety’

 

Hackberry/Celtis occidentalis ‘variety’

 

3.

Tall Mature Tree Height (50 feet or larger) to be used along collector and arterial streets to create a canopy over the roadway:

 

Green Ash/Fraxinus pennsylvanica

Pin Oak/Quercus palustris

 

Honey Locust/Gleditsia tricanthos ‘variety’

Red Maple/Acer rubrum ‘variety’

 

Littleleaf Linden/Tilia cordata

Red Oak/Quercus rubra

 

Norway Maple/Acer platanoides ‘variety’

Pin Oak/Quercus palustris

 

Green Beech/Fagus sylvatica

 

4.

Other Tree Species: Multi-trunk and weeping varieties are not appropriate as street trees. The Review Authority may approve other tree species as necessary to achieve the purposes of this code.

5.

Where the City has adopted a Street Tree Master Plan, those trees identified in the master plan must be used.

B.    Growth Characteristics. Trees must be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection:

1.    Provide a broad canopy tree variety unless limited by overhead clearance.

2.    Use lower-growing or open-branched trees for spaces under utility wires.

3.    Select trees that can be “limbed-up” where vision clearance is a concern.

4.    Use narrow or “columnar” trees where awnings, other building features, or narrow sidewalks limit growth, or where greater visibility is desired between buildings and the street.

5.    Avoid using trees that are susceptible to insect damage, and avoid using trees that produce excessive seeds or fruit.

6.    Select trees that are well adapted to the local environment, considering soil, wind, sun exposure, and exhaust. Drought-resistant trees should be used in areas with sandy or rocky soil.

7.    Select trees for their seasonal color, as desired.

8.    Use deciduous trees for summer shade and winter sun.

C.    Caliper Size. The minimum caliper size at planting must be two inches measured at four feet above ground. If the required caliper is not available as demonstrated by letters submitted by three different local nurseries, the Planning Director/Review Authority may accept a smaller caliper tree no less than one and one-half inches.

D.    Spacing and Location. Street trees must be planted within existing and proposed planting strips or in City-approved sidewalk tree wells on streets without planting strips. Where the landscape strip and/or sidewalk is not wide enough to accommodate street trees the Planning Director may allow the street trees to be planted within five feet from the back of the sidewalk. Where practical, small stature trees must be planted no closer to the curb or sidewalk than three feet, medium trees – three feet and large trees – four feet. Root barriers may be required with street tree planting to protect the City’s curb and sidewalk. Street tree spacing must be based upon the type of tree(s) selected and the canopy size at maturity. Small canopy trees and columnar shaped trees must be planted no further than 25 feet apart; medium and large canopy trees must be planted no further than 35 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers. A random spacing of street trees may be approved for the equivalent number of trees required for the length of the frontage. Street trees must be planted no closer than 35 feet from a stop sign.

E.    Sidewalk Tree Wells. Street trees planted within sidewalk tree wells must be installed with a City-approved tree grate.

F.    Soil Preparation, Planting and Care. The developer is responsible for planting street trees, including, but not limited to, soil preparation, ground cover material, staking, and irrigation. The developer is also responsible for tree care (pruning, watering, fertilization, and replacement as necessary) for a minimum of one full growing season after planting unless an extended maintenance time is required.

G.    Assurances. If the street trees are not otherwise covered by a maintenance bond for public infrastructure, then the Planning Director may require the owner/developer to provide a performance and maintenance bond in an amount equal to 120 percent of the actual cost to purchase, plant and maintain for a minimum of one full growing season, to ensure the planting of the tree(s) and care during the first year after planting.

H.    Utility Easements. All street trees must be placed outside utility easements unless the utilities can be placed in a conduit for maintenance. If the existing parking/planter strip contains such easements and is not wide enough to also accommodate street trees, the street tree location requirement in subsection (D) of this section may be adjusted as approved by the Planning Director. [Ord. NS-2303, 2018; Ord. NS-2016, 2006]

3.2.500 Fences and Retaining Walls.

This section sets standards for new fences and retaining walls, including maximum allowable height and materials, to promote security, personal safety, and privacy. The following standards apply to all fences and retaining walls:

A.    The City may require installation of fences and retaining walls as a condition of development approval.

B.    All fences and retaining walls, regardless of district or location, shall comply with the following requirements:

1.    The allowable height must be measured from the lowest grade at the base of the fence or retaining wall unless stated otherwise. Posts, trellises, lattice and any other material placed on top of the fence is considered to be part of the fence when measuring the overall height. As illustrated in Figure 3.2.500.A, when a fence is placed atop a retaining wall, the height of the fence is determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade.

Figure 3.2.500.A

2.    Fences to be built as required buffers shall comply with BDC 3.2.300.

3.    Fences and retaining walls shall comply with the clear vision area standards of BDC 3.1.500.

4.    Retaining walls may require a building permit and/or approved engineered plans.

5.    Fences over seven feet in height require a building permit and/or approved engineered plans.

6.    Fences and retaining walls may be placed on property lines.

C.    Fences.

1.    Residential Districts.

a.    Fences located in the front setback must not exceed three and one-half feet in height, except decorative arbors, gates, and similar features which must not exceed six feet in length.

b.    On corner lots, as illustrated in Figure 3.2.500.B, only one front setback area restriction applies relative to the three and one-half feet fence height restriction. The fence along the nonfront designated area must not exceed six feet in height from the area subject to the front setback to the rear property line.

Figure 3.2.500.B Fence Example

c.    Fences must not exceed six feet in height in the side and rear setbacks. If there is a grade difference between two sites which would make a six-foot-high fence inadequate to provide for privacy, such fence must be no higher than six feet above the highest grade within five feet of the common boundary line, as illustrated in Figure 3.2.500.C.

Figure 3.2.500.C

d.    Barbed wire and razor wire fencing is prohibited.

2.    In all other districts fences shall not exceed eight feet in height.

3.    The following fences are exempt from these standards, except for the requirement to comply with the clear vision area standards in BDC 3.1.500 and any applicable building code requirements:

a.    Any security fencing around a public or quasi-public utility facility.

b.    Fences related to a park or approved recreational facility or a school athletic use including (but not necessarily limited to) tennis courts, driving ranges and ball fields.

c.    Any fence exempted under subsections (C)(3)(a) and (b) of this section that is in excess of 20 feet in height requires a Conditional Use Permit.

D.    Retaining Walls.

1.    The maximum allowable height of retaining walls is six feet, with the following exceptions:

a.    Retaining walls and terraced walls may exceed six feet when permitted as part of a Site Plan Review or land division approval. [Ord. NS-2303, 2018; Ord. NS-2251, 2015; Ord. NS-2016, 2006]