Hillsborough Municipal Code Ch. 12.12 Outdoor Fixtures (fences, Walls, Gates, Etc.)

A. As used in this chapter, the following terms are defined in this section:

1. "Modifying" an outdoor fixture shall not include repairing an existing outdoor fixture so as to return it to its original specifications; provided that the outdoor fixture conformed to the provisions of this code applicable at the time the outdoor fixture was originally installed. (This definition shall be applicable to any form of the verb "to modify.")

2. "Outdoor fixture" means any wall (excluding any retaining wall eighteen inches or less in height), utility box, fence, gate, column, pillar, post, flag pole, light post or similar lighting fixture (excluding any standard mail box, as defined in this section), either freestanding or incorporated into a fence or wall. "Outdoor fixtures" is the plural of "outdoor fixture."

3. "Right-of-way" means, for purposes of this chapter, any portion of a dedicated right-of-way that is not covered by a traveled street.

4. "Right-of-way fixture approval" means approval or conditional approval by the city council of the installation or modification of an outdoor fixture in the right-of-way as set forth in Section 12.12.030 of this chapter.

5. "Standard mail box" means a mail box whose maximum dimensions are twenty-four inches wide, twenty-four inches deep, and sixty inches high and which is located five feet or more behind the back of the curb or rolled gutter. "Standard mail boxes" is the plural of "standard mail box."

6. "Utility box" means, for purposes of this chapter, any transformer, switch box, telephone, cable television box, service panel, meter or similar device.

(Ord. 661 §§ 2—4, 2005; Ord. 639 § 6 (part), 2003; Ord. 614 § 4 (part), 2000)

(Ord. No. 715, § 6, 6-9-2014)

A. Except as set forth in Section 12.12.050(G), prior to installing or modifying any outdoor fixture, any individual or entity seeking to do so shall:

1. Obtain a right-of-way fixture approval from the city council, as set forth in Section 12.12.030, if any portion of the planned outdoor fixture is or will be located within the right-of-way;

2. Complete design review as set forth in Section 12.12.040;

3. Comply with the requirements of Section 12.12.050 and any other applicable requirements; and

4. Obtain the necessary permits (for example, building permit, electrical permit, encroachment permit) from the town's building department. (No building permit shall be required for an outdoor fixture not within the right-of-way and of a height of three feet or less.)

B. No outdoor fixture shall be installed or modified without complying with the provisions of this chapter.

(Ord. 639 § 6 (part), 2003; Ord. 614 § 4 (part), 2000)

A. Except as authorized by the city council pursuant to this section, no portion of any outdoor fixture shall be located within the right-of-way.

B. Any individual or entity wishing to construct or modify any outdoor fixture that will or does encroach in any fashion upon the right-of-way shall first file with the city engineer on the prescribed form an application for a right-of-way fixture approval. The application shall be accompanied by a fee in such amount as shall be set from time to time by the city council by resolution.

C. The city engineer or the city engineer's designee shall set the application for public hearing before the city council and shall give notice of the hearing under the Type B notice procedure set forth in Chapter 1.20. The city council shall approve, conditionally approve or deny the application based on public health, safety and welfare needs and taking into account in that regard, the number and location of any other outdoor fixtures located within the right-of-way in the vicinity of the proposed outdoor fixture, the likelihood of the town's need for access to the affected portion of the right-of-way, the effect that allowing the outdoor fixture within the right-of-way would have on parking and on traffic safety (traffic meaning motor vehicles, self-propelled vehicles and pedestrians), and any other factors that the council deems relevant to a determination of the public health, safety, and welfare needs.

D. In the event that the city council approves or conditionally approves the application, the applicant shall execute and record an agreement regarding revocable permit (if one has not previously been recorded for the outdoor fixture) setting forth the circumstances under which the applicant shall be required to remove the outdoor fixture from the right-of-way.

(Ord. 639 § 6 (part), 2003; Ord. 614 § 4 (part), 2000)

Except for utility boxes, which do not require design review (but are subject to the provisions of Section 12.12.050 of this chapter), the following outdoor fixtures (whether new or existing/to be modified) are subject to the design review process set forth in Section 2.12.070 of this code:

A. Any outdoor fixture located or to be located within the right-of-way;

B. Any outdoor fixture located or to be located within a setback which abuts a public street;

C. Any outdoor fixture over six feet in height (except flag poles) regardless of location.

(Ord. 661 § 5, 2005; Ord. 639 § 6 (part), 2003; Ord. 614 § 4 (part), 2000)

A. In addition to complying with the provisions of this chapter, all outdoor fixtures are also subject to the provisions of Chapter 12.08 of this code regarding visibility at street intersections, Section 17.24.010(B)(3) of this code regarding certain outdoor fixtures within setback areas, and to the administrative guidelines prepared by the planning office pursuant to the authority of Section 2.12.060(C) of this code.

B. The maximum height limit of any outdoor fixture (whether new or existing/to be modified) located within the right-of-way or within the setback area which abuts a public street is eight feet above existing grade at the property line or the pavement grade of the street, whichever is higher; provided, however, that (1) the maximum allowable retaining wall height, measured from finished grade at the base of the wall to the top of the wall (exposed face surface), shall be six feet, or, if located in the interior setback area, four and one-half feet, as set forth in Section 17.24.010(B)(1) of this code and (2) the vertical distance of any fence measured from finished grade at the base of the fence to the highest point of the fence shall be eight feet on either side of the fence. For purposes of this subsection, a pillar, post or column shall include a light post or similar lighting fixture, whether freestanding or incorporated into a wall or fence, and the height of such pillar, post, column, light post or similar lighting fixture shall be determined by including the light fixture itself.

C. Nothing in this section shall be deemed to abrogate the provisions of Section 8.16.030(H) of this code establishing that certain barbed wire fences and similar fences and walls are public nuisances affecting the peace and safety and subject to abatement.

D. In order to allow a vehicle to pull safely off the street in front of a gate, driveway gates shall be set back at least fifteen feet from the edge of the pavement of the street, or set back at such lesser distance as approved by the city engineer based on the circumstances of the particular case.

E. The minimum distance between gate posts, light posts, other posts, pillars, columns, walls or fences located on either side of a driveway shall be fourteen feet, unless otherwise approved by the Central County Fire for emergency vehicle access and other safety-related purposes.

F. Any standard mail box, although not constituting an outdoor fixture and therefore not subject to the rules of this chapter applicable to outdoor fixtures, requires an encroachment permit, if the standard mail box is to be located within the right-of-way, and requires a building permit, and is subject to any other related requirements of the city engineer.

G. Any outdoor fixture constructed by the town or by another governmental entity on public property shall not be required to meet the requirements of this chapter but shall be designed, constructed and located as the director of public works or the director's designee, in consultation with the town's planning, engineering, public works and public safety staff, determines is appropriate in order to safeguard the health, safety and welfare of the residents of the town.

H. A flag pole shall be no higher than twelve feet and shall not be located within any setback area. The maximum size of a flag flown from a flag pole shall be three feet by five feet. Permitted flags shall be flags of national, state, or local governments or nationally recognized religious, fraternal, or public service agencies or other flags as allowed by overriding state or federal law. Every person or entity desiring to erect a flag pole shall first obtain approval from the building department of the engineering plans for the footing of the flagpole and shall obtain a building permit for the flagpole from the building department.

I. Utility boxes are subject to location and screening requirements as specified and approved by the city council by resolution in order to safeguard the health, safety and welfare of the residents of the town, aesthetics and local values.

(Ord. 661 §§ 6, 9 (part), 2005; Ord. 639 § 6 (part), 2003; Ord. 614 § 4 (part), 2000)

(Ord. No. 751, § 4, 1-14-2019; Ord. No. 754, § 3, 2-11-2019)