Chapter 21.44 — FENCES, WALLS, AND HEDGES

The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, and overall character of neighborhoods. These regulations apply to any type of visible or tangible obstruction that has the effect of forming a physical or visual barrier between properties or between property lines and the public right-of-way, including, but not limited to, any type of artificially constructed barriers of wood, metal, or concrete posts connected by boards, rails, panels, wire, or mesh, and any type of natural growth such as hedges and screen plantings.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The provisions of Table 21.15.030-1 (Review Authority for Development Review) in Chapter 21.15 (Development Review) of this title shall apply.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. Fences (including masonry walls, hedges, and screen plantings) shall be subject to the following regulations:

Front Yard. Fences in the front yard (between the front property line and the nearest line of a primary building) shall not exceed three feet in height except in the following cases:

a.

Modifications—Residential and Office Professional Uses. Modification to the front yard fence height requirement for residential and office professional uses may be modified through a site plan modification (Section 21.17.020) to allow for a fence in the front yard up to four feet in height, provided that the fence shall be constructed in a manner to allow reasonable visibility through it. In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)).

b.

Modifications—Commercial and Industrial Uses.

i.

Six Feet. Modification to the front yard fence height requirement for commercial and industrial uses may be allowed through a site plan modification (Section 21.17.020) to allow for a fence in the front yard up to six feet in height.

ii.

Eight Feet. Modification to the front yard fence height requirement for commercial and industrial uses may be allowed through a development plan modification (Section 21.16.020) to allow for a fence up to eight feet high.

iii.

Findings. In approving such a request, the review authority shall make the applicable findings required for a site plan modification (Subsection 21.17.020(C)) or development plan modification (21.16.020(D)) as well as the following:

(a)

The fence is constructed in a manner to allow reasonable visibility through it; and

(b)

The fence is constructed with decorative material, such as ornamental metal, masonry wall with a stucco finish, or similar.

Side and Rear Yard. Fences located in the side yard (between a primary building and side property line not including the front yard) and rear yard (between a primary building and the rear property line) shall not exceed six feet in height except in the following cases:

a.

Residential and Office Professional Uses. Modification to the side and/or rear yard fence height requirement for residential and office professional uses may be allowed through a development plan modification (Section 21.16.020) for a fence up to eight feet high in those side and rear setbacks that abut commercial and/or industrial uses.

b.

Commercial and Industrial Uses. Modification to the side and/or rear yard fence height requirement for commercial and industrial uses may be allowed through a development plan modification (Section 21.16.020) for a fence up to eight feet in height in a side and/or rear yard.

c.

Findings. In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)).

Outdoor Storage Areas. Refer to Subsection 21.69.170(C) (Outdoor Storage Areas).

Fences Atop Retaining Walls. Where a fence is placed on top of, or is an integral part of, a retaining wall, the height of a fence shall be measured from the higher of the finished grades on either side of the retaining wall.

Fence Material Limitations. In residential zoning districts, barbed wire and electric fences may only be used on properties zoned for single-family use (for example, R-1 or R-A) that are at least one-half acre in area or larger. In residential zoning districts, razor wire may not be used for fencing.

Retaining Wall Heights. See Section 21.81.040 (Hillside Development Standards) for additional restrictions on retaining wall heights.

Driver's Visibility. Fences shall be constructed so as to not interfere with traffic safety sight areas or public safety consistent with Chapter 21.55 (Visibility at Intersections).

B.

Fence Restrictions in R-1 Zoning District: Reverse Corner Lots.

Fence Height. Where the street side yard of a reversed corner lot fronts onto a local street, no fence higher than three feet shall be placed in the street side yard.

Figure 21.44.030-1 Fence Restrictions in R-1 Zoning District

Modification. Modification to the fence height requirement may be allowed through a site plan modification (Section 21.17.020) for a fence height not to exceed four feet. In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)) and find that it can be demonstrated that such a height will not impair the sight distance of vehicles on the street or on the driveway of the lot to the rear of a reversed corner lot.

C.

Nonconforming Fences. See Section 21.78.020 (Nonconformities Regarding Fences).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)