Ione Municipal Code § 17.36.030 Location and height restrictions

This chapter provides regulations for the installation, construction, and placement of fences on private property. For the purposes of this zoning code, the term "fence" includes fences or walls. It is the intent of this chapter to regulate the height and location of fences to provide light, air, and privacy without obstructing views, to establish buffers between different land uses, and to safeguard against visual obstructions at the intersections of streets and/or driveways.

(Ord. No. 528, 2-15-2022)

Unless otherwise listed as exempt below, site plan review approval shall be required for fences and walls. The following fences and walls are exempt from site plan review approval, or land use or development permit approval.

A. Retaining walls. Retaining walls less than 36 inches in height, provided that they are designed and constructed with an appearance similar to the buildings and other structures on the site, with compatible colors, finishes, and materials.

B. Residential fences. Fences located on residential property constructed in compliance with the provisions of this chapter.

C. Required fences. The provisions of this chapter shall not apply to a fence or wall required by any law or regulation of the city (including temporary construction site fencing), state, or any agency thereof (including the board of education).

(Ord. No. 528, 2-15-2022)

A. Maximum allowed heights. Fences and walls in the agricultural and residential zoning districts and for residential uses in the commercial transition zoning district shall not exceed the maximum heights in the corresponding required yard area as shown Table 17.36.030-1 (Maximum height of fences and walls in required yard area) and Figure 17.36.030-1 (Front and street side setback areas).

Table 17.36.030-1: Maximum Height of Fences and Walls in Required Yard Area

Notes:

1. As part of site plan review or other discretionary entitlement, the decision-making authority may grant additional height to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation.

2. The agricultural zoning district may have fences within the required front yard area to a maximum height of six feet, provided the fencing is open-view type.

3. Setback area for street side yard is measured from back of sidewalk to the fence. In the event that no sidewalk has been constructed, the setback area shall be measured from five feet from the edge of right-of-way to the fence.

4. See definition of clear vision triangle in Section 17.300.020 (General definitions).

5. For all other areas of the lot, see applicable standards of Chapter 17.38 (Accessory structures).

6. Where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot (i.e., a "key lot" situation), the maximum fence height shall be six feet. (See Figure 17.36.030-1 Front and Side Street Setback Areas.)

Figure 17.36.030-1 Front and Side Street Setback Areas

[Figure]

B. Height measurement. Fence height shall be measured from the finished grade at the base of the fence to the uppermost part of the fence, except when there is a difference in the ground level between two adjoining parcels of two feet or more, the fence height shall be measured on the side with the highest finish grade. See Figure 17.36.030-2 (Measurement of fence height on parcels with different elevations).

Figure 17.36.030-2: Measurement of fence height on parcels with different elevations

[Figure]

C. Location. Fence location on any lot shall be in conformance with these standards, unless a more restrictive standard has been adopted as a development standard for the subdivision in which the lot is located.

(Ord. No. 528, 2-15-2022)

A. Open view fencing. Where fencing is proposed along public frontages of non-residential and multifamily projects, such fencing shall be open view unless otherwise required to be solid for noise attenuation. Open view fencing shall also be required when located adjacent to open space areas. However, open view fencing for side yards of corner lots abutting open space areas may be designed with privacy fencing.

B. Fencing materials. Fences and walls shall be constructed of attractive, long-lasting materials (e.g., masonry, wood, tubular steel, or stone).

C. Prohibited fencing materials. Unless approved as a condition of approval or in conjunction with another entitlement, walls or fences of sheet or corrugated iron, sheet steel, concertina wire or sheer aluminum, are prohibited. Barbed wire fencing shall not be constructed or placed on top of a fence except where properly used for agricultural, open space, or industrial uses.

D. Graffiti-resistant surface. Graffiti-resistant aesthetic surface treatment, where deemed appropriate to the location, shall be required for all masonry walls.

(Ord. No. 528, 2-15-2022)

A. Screening of outdoor storage. Outdoor storage within commercial and industrial zoning districts (including all dumpsters, commercial items, commercial construction or industrial related materials and equipment within commercial zones) shall be fenced or screened from view in a manner that is attractive and complementary to the principal use and/or structure that it serves. Such screening shall utilize enclosures including, but not limited to, fences, walls, landscaping, or earthen berms, so that no outdoor storage is visible from any public right-of-way, parks, public trails, and adjacent properties.

B. Special fencing for company vehicles in industrial zones. In industrial zones, company vehicles less than one ton do not require screening and may be parked behind the required landscape area with or without security fencing, as set forth in this article. Company vehicles exceeding one ton that are permitted on the public highways and used in the daily operation of the company may be parked within the buildable portion of the lot without screen fencing. All company vehicles that exceed one ton and are either not permitted on the public highways or not used in the daily operation of the company shall be fenced or screened from view in a manner that is attractive and complementary to the structure it serves. The method of screening or fencing shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style.

C. Special fencing for agricultural land uses. All fences which enclose livestock shall be constructed of an adequate height and shall be designed so as to control and contain such livestock at all times.

D. Fencing for pools, spas, and similar features. Swimming pools, spas, and other similar water features shall be fenced in compliance with city-adopted building code requirements.

E. Special screening for commercial and industrial uses adjacent to residential and agricultural zones. Commercial and industrial uses shall be screened from adjacent residential and agricultural zones or when necessary as determined by the decision-making authority as follows below, provided that screening between mixed-uses that consist of residential and non-residential uses need not be screened from adjacent commercial uses, unless otherwise required by the decision-making authority. The city encourages the integration and connection of compatible uses and to that end, this requirement is not intended to preclude the development of pedestrian/bicycle access points between commercial and residential zones.

1. The screening wall shall be a solid masonry wall with a minimum height of six feet and shall also consist of plant materials (e.g., vines or other living plant cover on the wall).

2. A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall on the commercial or industrial side.

3. The decision-making authority may waive or approve a substitute for the requirements above if it is determined that:

a. The relationship of the proposed uses makes screening unnecessary or undesirable;

b. The intent of this section is successfully met by alternative screening methods; and/or

c. Physical characteristics and/or constraints on the site make required screening infeasible or unnecessary.

F. Screening of commercial loading docks and refuse areas. Loading docks and refuse storage areas shall be screened from public view, adjoining public streets and rights-of-way and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style. Exceptions may be permitted through site plan review for sites with unique characteristics (e.g., shallow lot depth, adjacency to single family residential).

G. Temporary fences. Nothing in this chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the building code and other applicable provisions of the City Municipal Code.

H. Maintenance. Fences and walls shall be continuously maintained in an orderly and good condition, at no more than their maximum allowed height.

(Ord. No. 528, 2-15-2022)