Chapter 18.155
FENCES

Sections:

18.155.010    Title.

18.155.020    Purpose.

18.155.030    Definitions.

18.155.040    Residential fencing.

18.155.050    Corner lot.

18.155.060    Exceptions for lots fronting on major streets.

18.155.070    Fencing material permitted/not permitted.

18.155.080    Fencing between noncompatible zones/uses.

18.155.090    Fences surrounding development.

18.155.100    Fences for recreational use.

18.155.110    Fence within a fence.

18.155.120    Elevation differential.

18.155.130    Retaining walls.

18.155.140    Fences on public rights-of-way.

18.155.150    Fences required in specific areas.

18.155.160    Modification of required fences on major roadways.

18.155.170    Fences not otherwise identified.

18.155.180    Violation – Fines.

18.155.190    Figures.

18.155.010 Title.

This chapter shall be known as the Riverton City fencing ordinance, and may be so cited and pleaded. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-005.]

18.155.020 Purpose.

(1) Promote property security, privacy and architectural compatibility.

(2) Promote vehicular and pedestrian safety through safe fence placement and height to allow proper visibility standards. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-010.]

18.155.030 Definitions.

The term “fence” shall include any sight-obscuring, tangible barrier, an obstruction of any material, which creates a solid line and serves as an obstacle, a line of obstacles, lattice work, screening material, or wall, hedge, or continuous growth of vegetative material installed with the purpose of or having the effect of preventing passage or view across the fence line. The term “fence” shall not include a hedge row or other continuous growth of vegetative material. A fence which is not sight-obscuring but uses vegetative material to create a sight-obscuring fence shall not meet the definition of a fence under the Riverton City Municipal Code. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-015.]

18.155.040 Residential fencing.

(1) Rear and/or Side Yard Setback. It shall be prohibited to construct, maintain or cause a fence to be constructed along a rear and/or side yard(s) exceeding eight feet in height except in front of schools and public and quasi-public buildings when needed for the safety restraint of the occupants thereof as approved by city council.

(2) Front Yard Setback. Fencing shall not be permitted greater than three feet high within the first 20 feet inside any front property line subject to the following exception:

(a) Fencing of a height greater than three feet may be installed in front of schools, public, and quasi-public buildings when necessary for the safety restraint of the occupants thereof, provided said fencing does not interfere with the line of sight necessary for vehicles to safely enter or exit the property where fencing may be installed, or any neighboring property. Approval of fencing at a greater height under this subsection (2)(a) requires a finding by the planning commission that the safety restraint of the occupants of the subject building is necessary because the building site is adjacent to an arterial street. [Amended during 4/15 supplement; Ord. 15-02 § 1 (Exh. A); Ord. 09-14 § 1(A); Ord. 12-7-04-1 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-020.]

18.155.050 Corner lot.

(1) Corner Lot Setbacks. Fencing on corner lots shall not exceed three feet in height within a triangular area formed by street curb lines (or where curb lines would exist) and a line connecting them at points 40 feet from intersection of street curb lines (or where curb lines would exist).

(2) Obstructions. No plant material, monument signs, nor any other obstruction will be permitted above three feet within the triangular area formed by street curb lines (or where curb lines would exist) and a line connecting them at points 40 feet from intersection of street curb lines (or where curb lines would exist).

(3) Corner Lot Exceptions. The maximum fence height shall not exceed three feet to a minimum 10-foot setback where a fence is located adjacent to an existing driveway on an adjoining lot if the adjoining driveway is within 15 feet of the fence. Fence height shall not exceed three feet to a minimum 20-foot setback where a driveway accesses a garage or other parking area from the street side yard. [Ord. 15-02 § 1 (Exh. A); Ord. 10-11 § 1; Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-025.]

18.155.060 Exceptions for lots fronting on major streets.

For purposes of this chapter, “major streets” shall be defined as:

Redwood Road

12600 South

13400 South

11800 South

3600 West

2700 West

1300 West

(1) Major Streets. Fences, walls, hedges or screening material adjacent to major streets may be eight feet high to provide additional privacy and reduce the noise from the street. This includes fencing within the front setback for lots with frontage on major streets. No fence, wall, etc., shall be allowed to exceed three feet in height within 10 feet of any driveway or property access point. Fencing must comply with all applicable requirements of this chapter, including RCC 18.155.070(7), which requires all fencing taller than six feet to be engineered and meet Riverton City engineering department approval.

(2) Bangerter Highway. Property owners abutting Bangerter Highway may erect a fence to a height not exceeding 10 feet on the property line adjacent to the highway right-of-way. All fences along the highway must meet collector street fencing standards and shall be approved by the planning commission. [Ord. 15-02 § 1 (Exh. A); Ord. 09-14 § 1(B); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-030.]

18.155.070 Fencing material permitted/not permitted.

Barbed wire, razor ribbon and similar fencing material shall be prohibited in all zones except agricultural, manufacturing and certain commercial zones which must be approved by the city council. The use of barbed wire, razor ribbon and similar fencing material shall conform to the following restrictions:

(1) Standards for Barbed Wire or Similar Material. Barbed wire, razor ribbon or similar material shall be pulled straight and not rolled or coiled.

(2) Standards for Barbed Wire or Similar Material. When straight strands of barbed wire and similar material are used on top of fences or walls, the total fence height shall not exceed seven feet. The barbed wire or similar material shall not be less than six feet from the ground and shall not consist of more than three strands.

(3) Setback. In nonresidential commercial zones, barbed wire, razor ribbon or similar material shall not be used within the 20-foot front setback, nor along any common lot line with a residential zone or a residential development.

(4) Electrically Charged Fences. It shall be unlawful for any person to erect or cause to be erected or to maintain any device on a fence with an electrical charge except in zones with animal rights where large or medium animals (as defined in RCC 18.20.110) are currently on the property. Electrically charged fences must be removed within 30 days of the time when animals no longer live on the property. No electrically charged fences will be permitted between noncompatible uses, nor along any public rights-of-way.

(5) Prohibited Materials. Materials prohibited in all zones: grape stakes (or similar), plastic materials other than vinyl. Chain link fencing with slats will not be permitted within the front setback nor along any street.

(6) Construction Sites. Temporary construction fencing shall be installed along boundaries or where required, to contain blowing refuse prior to the start of building construction as recommended by the city engineering department. The construction fence shall remain in place until the final bond release or until 90 percent of the lots are built on (see Chapter 17.15 RCC). Temporary fences for uses other than construction shall be subject to city planning staff approval.

(7) Engineering Fencing. All fences taller than six feet must be engineered and meet Riverton City engineering department approval. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-035.]

18.155.080 Fencing between noncompatible zones/uses.

(1) Noncompatible Zones. A solid core decorative precast concrete or integrally colored and textured block, brick, or other masonry fence with a minimum height of six feet shall be required between noncompatible zones. Both sides of the fence shall receive equal treatment with respect to pattern, color, etc. Hollow, foam core, fiberglass/concrete mix, or other alternative fence types are not permitted, except as noted below.

(2) Fencing Height. Fencing shall be a minimum of eight feet in height between commercial/industrial zones and residential zoning of any type, and between multifamily development and single-family residential zones.

(3) Conditional Use. The planning commission may allow by conditional use permit alternative fence types and heights based on the following criteria:

(a) Hollow and foam core concrete or fiberglass/concrete mix fencing, or other alternative fencing in keeping with the purpose of this title, and/or reduced height, may be allowed where:

(i) Adjacent property is designated in the Riverton City general plan for a land use that is determined by the commission to be compatible; or

(ii) Anticipated development patterns in the surrounding area are such that required fencing would create an illogical or detrimental barrier between properties; or

(iii) A parallel fence has been approved by conditional use which will provide additional safety or screening in keeping with the purpose of this title.

(b) Alternative fencing types may be allowed adjacent to properties with animals/animal rights and irrigation canals or other waterways provided the commission finds the proposed fence type is not detrimental to the safety and general welfare of the public.

(c) Fencing adjacent to major roadways, as required herein or by approval, shall not be altered or amended by conditional use.

(d) A conditional use application shall include proposed fence type and dimensions, color and pattern, and information demonstrating how the above criteria are met.

(e) The planning commission may allow via conditional use permit existing fencing to remain in place, or waive the fencing requirement, for all or a portion of required perimeter fencing on residential projects of two acres or less. A written, notarized acknowledgement from each adjacent affected property owner stating their consent for the proposed fencing is required as part of the conditional use permit application. [Ord. 18-04 § 1 (Exh. A); amended 11/13/15 to reflect council motion; Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-040.]

18.155.090 Fences surrounding development.

(1) Developments Adjacent to Compatible Zones. New development adjacent to compatible zones shall have a solid fence or wall at a minimum height of six feet. Fencing shall be consistent in color and design with area fencing, and shall be reviewed as part of development approvals. The planning commission and city council may require fence type and design based on surrounding fencing. Fencing for all subdivisions shall meet all ordinances as outlined in Chapter 17.15 RCC. [Ord. 15-02 § 1 (Exh. A); amended during 2011 recodification; Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-045.]

18.155.100 Fences for recreational use.

(1) Height Restrictions. On interior, side and rear property lines, fence type uses such as tennis court enclosures, sport courts, covered jacuzzis, ball diamond backstops, etc., may be erected to a height greater than six feet, but shall not exceed a height of 18 feet and must meet accessory structure setback requirements. All fences taller than eight feet shall require a conditional use permit.

(2) Approval. All pools, jacuzzis and fencing around pools and jacuzzis must be approved by city planning staff.

(3) Swimming Pools and Uncovered Jacuzzis.

(a) Pool Location. Swimming pools shall not occupy any front yard, nor shall the edge of the pool be located any closer than five feet from any fence.

(b) Fencing around Pool. A fence six feet in height shall be required to enclose all pools but shall not be within five feet of the pool edge. Fencing must meet city planning staff approval.

(c) Fences Previously Built. Fences constructed and approved by the city prior to the adoption of the ordinance codified in this chapter shall be considered a nominal six-foot fence; provided, that the measured fence height is not less than five feet six inches and that such conditions are not dangerous to life or safety.

(d) Hand- and Footholds. Fences around swimming pools and jacuzzis shall not be constructed in a manner as to provide hand- or footholds for climbing.

(e) Gates. Self-locking gates and/or entrances shall be used if openings are provided in pool walls or fences. All pedestrian gates will be self-closing and self-latching and open outwards from the pool if no interior barrier is installed. Gate latches shall not be less than 54 inches above finished grade, and shall not require a key to exit from inside the enclosure. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-050.]

18.155.110 Fence within a fence.

(1) Parallel Fencing. Parallel fences may be permitted as a conditional use in any zone. The land use authority may, in considering an application for such fencing, include the following requirements:

(a) That the second fence be constructed wholly on the applicant’s property, verified if required by a survey.

(b) That the second fence not lean against or otherwise utilize the existing fence for support or stability.

(c) That the applicant be responsible for the placement of permanent weed control measures in space between the fences.

(d) That the applicant, and any and all future owners of the property, be responsible for maintenance of any space remaining between the two fences.

(e) That the second fence not obstruct or impair visibility at any corner or adjacent to existing driveways, as defined in this title.

(f) That the fencing comply with any and all applicable sections of this title.

(2) Existing Fencing. Private property owners of residential lots whose backyards are adjacent to roads with existing wrought iron fencing, where wrought iron fencing is not permitted to be removed, may install a fence parallel to the existing fence within 10 feet after receiving staff approval, but shall be responsible for maintenance of any space created between the fences.

(3) Vegetation. A hedge or other plantings will be permitted adjacent to a fence for screening if consistent with all aspects of this chapter. [Ord. 16-32 § 1 (Exh. A); Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-055.]

18.155.120 Elevation differential.

(1) Change in Elevation. Fences, walls, or hedges located along a property line separating two lots where there is a difference in the grade of two feet or greater shall be approved by the planning manager prior to installation, and may require engineering department review and approval.

(2) Fence Height. Fence height shall be measured on the exterior side of the enclosure from the top of the foundation to a line five feet from the fence.

(3) Varying Grade. In varying grade situations, the average height of the majority of the fence shall be deemed the overall fence height.

(4) Berms. For residential development, all fencing on berms must remain in accordance to all ordinances with the height measurement being taken from original elevations. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-060.]

18.155.130 Retaining walls.

(1) Engineer Approval. Retaining walls greater than four feet in height must have a stamped approval from a Utah-registered and licensed engineer. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-065.]

18.155.140 Fences on public rights-of-way.

No fence approved under this chapter shall be erected which extends beyond the property line without the issuance of a permit by the city planning department.

Approval of a fence on the public right-of-way shall be subject to the following conditions:

(1) Sidewalks and Fire Hydrants. No fence shall be erected, maintained or caused to be erected within one foot of an existing or future sidewalk or within a three-foot radius of a fire hydrant.

(2) Public Rights-of-Way. The city shall retain the right to remove any fence on the public right-of-way for any purpose it deems necessary. Removal and replacement shall be at the sole expense of the property owner.

(3) Maintenance. Maintenance of the area between the sidewalk and the property line shall be the sole responsibility of the property owner.

(4) Mow Strips. All new developments required by the city council to install fencing along major arterials must have a concrete mow strip installed beneath the fence, no less than four inches in width. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-075.]

18.155.150 Fences required in specific areas.

(1) Fences Required by the State. Fences required by state law to surround or enclose public utility installations, public schools or other public buildings shall be exempt from these height restrictions but shall meet other pertinent state and local requirements.

(2) Collector/Arterial Street Fencing. Fencing along collector and arterial streets as defined by Riverton City shall consist of a minimum six-foot-high decorative solid core precast concrete or integrally colored and textured block, brick, or other masonry fencing. Hollow, foam core, fiberglass/concrete mix, or other alternative fence types are not permitted. Both sides of the fence shall receive equal treatment with respect to pattern, color, etc.

(3) Irrigation Access. No fence shall be permitted to obstruct a weir or irrigation access unless permitted by the water master of the respective ditch or canal.

(4) Irrigation Fencing. Fencing along ditches, canals or other irrigation lines shall consist of a minimum six-foot-high decorative solid core precast concrete or integrally colored and textured block, brick, or other masonry fencing. Hollow, foam core, fiberglass/concrete mix, or other alternative fence types are not permitted. Both sides of the fence shall receive equal treatment with respect to pattern, color, etc. [Amended 11/13/15 to reflect council motion; Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-080.]

18.155.160 Modification of required fences on major roadways.

It shall be prohibited to remove, replace, or physically alter any existing fence along a collector or arterial roadway as categorized by the city which the city has required and/or specified by location, height, type or material, either by ordinance or as a condition of approval of a development, except as follows:

(1) Fences required by the city are classified by category:

(a) Category III. Solid masonry (brick, stone, etc.), stucco, precast concrete, cinder block, and similar materials.

(b) Category II. Solid vinyl, vinyl with masonry columns, precast vinyl panels, and similar materials.

(c) Category I. Wood, chain link, chain link with slats, wrought iron, etc.

(2) A fence required by the city may be repaired or replaced as it was approved, or it may be replaced with a fence type from a higher category. For example, a wood fence (Category I) may be rebuilt as a wood fence, or it may be replaced with a fence type from either Category II or III. A precast concrete panel fence (Category III) may only be rebuilt as approved, as it is in the highest category.

(3) A request to replace or rebuild a fence required by the city must be submitted in writing to and approved by the planning manager. The planning manager may, at his discretion, submit the request to the city council for approval.

(4) Approval is not required for minor or emergency repairs, provided they do not alter the character or material of the fence. [Ord. 15-02 § 1 (Exh. A); Ord. 2-13-07-1 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-085.]

18.155.170 Fences not otherwise identified.

The planning commission shall review all requests for any type of fence not specifically identified in this chapter and may approve said fence if, in the opinion of the commission, the fence does not impair the intent and purpose of this chapter. [Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-090.]

18.155.180 Violation – Fines.

Violations of this chapter shall be punishable as a class C misdemeanor. [Ord. 15-02 § 1 (Exh. A); amended during 2011 recodification; Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-095.]

18.155.190 Figures.

Figure A

Figure B

[Ord. 15-02 § 1 (Exh. A); Ord. 10-3-00-1 § 1 (Exh. A). Code 1997 § 12-360-095.]