Chapter 17.40 — FENCES

Fences are permissible for all residential districts under conditions and restrictions as stated in this chapter and require a fence permit. Fence permit fees shall be based on the current Uniform Administrative Code building permit fee schedule. Fences are mandatory for specific uses and shall be erected as required. For those uses already existing which do not have the required fencing, they shall be considered nonconforming and may continue in operation for an indefinite period of time as prescribed by the section on nonconforming uses. When such uses are proposed for remodeling, enlargement or extension of use, then they shall be required to conform to this section. For the purposes of definitions, "fence" means a structure made of wire, wood, metal, masonry or other materials, and includes a hedge which is further defined as a barrier formed by branches, shrubs or small trees growing close together in a line with interwoven branches. (Prior code § 30-800; Ord. 629 Exh. A, 1988)

Regulations for fences in residential districts shall include the following:

• A. Front yards, maximum height above grade not to exceed thirty-sixty inches except that the fence may be erected to a maximum height of forty-eight inches; provided, that any fence which exceeds thirty-six inches is uniformly open to the extent of thirty-three and one-third percent. "Uniformly open" means that the interstices between the solid material of the fence are evenly spaced so as to make vision through the fence possible;

• B. Rear yards, maximum height six feet above grade;

• C. Side yards, maximum height six feet above grade;

• D. On a corner lot in any residential district, no fence shall be erected or plants permitted to grow in such a manner as to materially impede vision between the height of three and ten feet above the centerline grades of the intersecting streets in the area bounded by the lot lines of such corner lots in a line joining points along such lot lines thirty-five feet from the point of intersection.

• (Prior code § 30-800.1; Ord. 629 Exh. A, 1988)

• A. Corner Lots. On corner lots, for a distance of twenty feet from the side street curb, no fence or hedge shall exceed a maximum height above grade of thirty-six inches except that the fence may be erected to a maximum height of forty-eight inches; provided, that any fence which exceeds thirty-six inches is uniformly open to the extent of thirty-three and one-third percent. "Uniformly open" means that the interstices between the solid material of the fence are evenly spaced so as to make vision through the fence possible.

• B. Key Lots. In the front yard of a key lot on the side which abuts the rear yard of a reversed corner lot, a fence may be erected or a hedge permitted to grow to a maximum height of six feet upon a point twenty feet from the curb.

• C. Street Right-of-Way Encroachment Permits. Fences may be built within the street right-of-way if a street right-of-way encroachment permit is obtained from the director of public works.

This would allow fences to be built up to the sidewalk line, or five feet from the curb where there is no sidewalk. (Ord. 695 § 2, 2003)

• A. Parking Lots. A solid fence of six feet shall be maintained on the rear and side lot lines where said parking lot abuts or rears on property which is used or zoned for residential purposes and said parking lot is in an ownership separate from the adjacent properties. Fencing or screening for the street side property lines shall be in accordance with the development standards for parking lots under Section 17.42.120 .

• B. Nonresidential Development. The development of any property of a nonresidential nature shall include a minimum six-foot solid fence along the rear and side property lines when such property abuts or rears on property zoned or used for residential purposes.

• (Prior code § 30-800.3; Ord. 629 Exh. A, 1988)

• A. No electricity charged fences shall be permitted in the city.

• B. No barbed wire or other sharp pointed material shall be used in the construction of a fence unless said material is over six feet above grade.

• C. Fences which enclosed school grounds, public playgrounds, tennis courts, public swimming pools or other public areas which are used for athletic purposes may be erected to a height in excess of six feet.

• D. Corner lots must maintain the present requirements for visibility at intersections. (See subsection G of Section 17.08.080 ). (Prior code § 30-800.4; Ord. 629 Exh. A, 1988)

Any person aggrieved by the provisions of this chapter may appeal to the planning commission for a variance. The procedure for said variance shall be described in Chapter 17.56 .

(Prior code § 30-800.5; Ord. 629 Exh. A, 1988)