Chapter 17.24

FENCE VARIANCES FOR RESIDENTIAL LOTS

Sections:

17.24.030 Conditions for permitted fences.

• 17.24.040 Prohibited fences.

• 17.24.050 Seven-foot fence height limit.

• 17.24.060 Variance applications.

• 17.24.070 Hearing notice.

• 17.24.080 Director's hearing.

• 17.24.090 Director's decision.

• 17.24.100 Appeal.

• T17:195

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§ 17.24.010

This chapter shall regulate fences constructed and maintained upon any parcel of property in the city that is used for residential purposes and is not subject to a development permit requirement pursuant to Chapter 20.100 of Title 20 of the code. (Ord. 23405.)

As used in this chapter:

• A. "Buildable area" is the area of a lot exclusive of the required setback areas.

• B. "Corner lot" is a lot which abuts two or more streets or street segments, forming an interior angle not greater than 135 degrees.

• C. "Corner triangle" is the triangular area formed by the two street lot lines of a corner lot and their projection and a line connecting them at points forty-five feet measured at the outer edge of the curb L from the intersection of the projected lot lines measured at the outer edge of the curb.

• D. "Director" means the director of neighborhood preservation.

• E. "Fence" is any hedge, wall, or other structure in the nature of a fence.

• F. "Flag lot" is an interior lot accessed by a corridor having a street frontage of less than twenty-seven feet.

• G. "Front setback area"

  1. For an interior lot, the "front setback area" is the area which extends across the full width of the lot and from the front lot line along the street to a line defined by the front

setback, excluding frontage area which is used primarily for ingress or egress to a flag lot; or

2. For a residentially zoned corner lot, the "front setback area" is the area which extends across the full width of the lot and from the narrower lot line along a public street to a parallel line defined by the front setback line.

• H. "Interior lot" is any lot other than a "corner lot."

• I. "Key lot" is the first interior lot abutting the rear of a corner lot. The front lot line of the key lot is a continuation of the side lot line of the corner lot, excluding any lot which is separated from a corner lot by an alley.

• J. "Lot line" is defined to include:

  1. "Front lot line" is the boundary line of a lot which abuts a public street.

  2. "Front lot line of a residentially zoned corner lot" is the narrower lot line abutting a public street.

  3. "Side lot line" is the boundary line of a lot which intersects the front lot line.

  4. "Side corner lot line" is the boundary line of a residentially zoned corner lot which is the longer of the two boundary lines abutting a public street.

  5. "Rear lot line" is the boundary line of a lot which is opposite, and does not intersect, the front lot line.

• K. "Rear setback area"

  1. For an interior lot, the "rear setback area" is the area which extends across the full width of the lot and from the rear lot line to a parallel line defined by the rear setback distance; or

  2. For a residentially zoned corner lot, the "rear setback area" is the area which extends across the full width

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§ 17.24.030

of the lot and from the lot line opposite the narrower lot line along a street to a parallel line defined by the rear setback line.

• L. "Setback" is the minimum distance by which buildings, structures, and parking must be separated from any lot line.

  1. "Front setback" is measured from the front lot line.

  2. "Rear setback" is measured from the rear lot line.

  3. "Side setback" is measured from the side lot line.

• M. "Side setback area"

1. For an interior lot, is that area which is neither a front setback area nor rear setback area; or

   2. For a corner lot,

      • a. "Interior side setback area" is that area which extends from the lot line opposite the wider (larger) street frontage defined as the interior side lot line to a parallel line defined by the side setback; and

• b. "Corner side setback area" is that area which extends from the lot line along the wider street frontage to a parallel line defined by the side setback.

• (Prior code § 8801; 17.24.010; Ord. 23405.)

The following fences may be constructed and maintained upon any parcel of property in the city that is used for residential purposes and is not subject to a development permit requirement pursuant to Chapter 20.100 of Title 20 of the code.

• A. Interior Lots.

  1. Front setback area: Fences not over three feet in height in the front setback area.

  2. Rear setback area: Fences not over seven feet in height in the rear setback area.

  3. Side setback area: Fences not over seven feet in height in the side setback area.

  4. Buildable area: Fences not over six feet in height in the buildable area between the front setback and the front of any existing or proposed residence.

• B. Corner Lots.

  1. Front setback area: Fences not over three feet in height in the front setback area.

  2. Rear setback area: Fences not over seven feet in height in the rear setback area. In the case of a rear setback area that backs up onto a side setback area of an adjacent key lot or corner lot, such fences shall not exceed three feet in height for a distance of twelve and one-half feet measured from the street property line and fifteen feet as measured from the rear lot line; nor shall any fence exceed six feet in height in any rear setback area adjacent to a street so long as such fence is at least five feet from the lot line inside the sidewalk. No fence shall exceed three feet in height in any rear setback area adjacent to a street between the lot line inside the sidewalk and five feet from the lot line inside the sidewalk.

  3. Side setback area: Fences not over six feet in height in any side setback area adjacent to a street so long as such fence is at least five feet away from the lot line inside the sidewalk. No fence shall exceed three feet in height in any side setback area adjacent to a street between the lot line inside the sidewalk and five feet from the lot line inside the sidewalk.

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§ 17.24.030

• C. Fences at Intersections. A fence located at the intersection of any two streets shall not exceed three feet in height within the corner triangle; provided however, that single-stem plants or trees without foliage with a height between three feet and eight feet may be planted and maintained within the corner triangle on any corner lot.

• D. Exceptions for Posts and Gates. Support posts or columns, not exceeding four feet in height and eighteen inches in width, and gates and trellises used for pedestrian purposes, not exceeding eight feet in height and five feet in length shall be permitted, provided such entry is at least fifteen feet away from an intersection.

• (Prior code § 8800; 17.24.020; Ord. 23405.)

• A. Barbed wire, razor wire and electric fences are prohibited from use on any parcel of property in the city that is used for residential purposes and is not subject to a development permit requirement pursuant to Chapter 20.100 of Title 20 of the code.

• B. No glass or other sharp materials may be embedded on the surface of a fence constructed and maintained on any parcel of property in the city that is used for residential purposes and is not subject to a development permit requirement pursuant to Chapter 20.100 of Title 20 of the code.

• (Ord. 23405.)

No fence may be erected or constructed which exceeds seven feet in height except as specifically allowed by Sections 17.24.030, and 17.24.060 through 17.24.150 inclusive, or by a development permit pursuant to Chapter 20.100 of Title 20 of the code.

(Ord. 23405.)

• A. An application for a variance from the fence height requirements of this chapter shall be

filed with the director of neighborhood preservation. The form and content of the application shall be prescribed by the director.

• B. The director shall not accept any application for a fence variance unless all information is set forth as required by the form, all documents and other material required by the form are filed with the director, and the filing fee required by Section 17.24.150 has been paid.

• (Prior code § 8802; 17.24.030; Ords. 20636, 21033, 21049, 21295, 23405.)

• A. The director shall investigate and conduct a public hearing on each fence variance application accepted for filing. The date of such hearing shall be not less than ten nor more than sixty days from the date such application is accepted as complete.

• B. Notice of the time, date and place of the hearing shall be furnished by the director by mail, postage prepaid, at least five days before the date set for hearing, to the applicant and to all property owners within three hundred feet of the property which is the subject of the application, at the addresses shown on the last equalized assessment roll.

• C. In addition, notice of the hearing shall be conspicuously posted on the property which is the subject of the application. The form of this notice shall be provided by the director and shall be posted on the property at least five days before the date set for hearing.

• (Ord. 23405.)

At the director's hearing, the applicant, any person with objections to the fence variance application and any other person with relevant evidence, shall be allowed to testify and present relevant evidence to the director. Strict rules of evidence shall not apply. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(Ord. 23405.)

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§ 17.24.130

• A. At the conclusion of the hearing, the director may take the matter under submission for a reasonable time.

• B. The findings and decision of the director on each application shall be in writing.

• C. The director shall mail a copy of the findings and decision to the applicant at the address shown for such purpose on the application. In addition, the director shall mail a copy of the decision to any person who requests one in writing.

• D. The date of the decision shall be the date that the director's decision is placed in the mail to the applicant. Each decision shall become final and effective on the eleventh day from the date of decision unless a written notice of appeal is received by the director within ten days of the date of decision.

• E. If a notice of appeal is received within the ten-day period, the decision of the director shall be of no force or effect.

• (Ord. 23405.)

• A. The applicant, or any property owner or any tenant of property (including tenants at will or tenants with month-to-month occupancy) within three hundred feet of the subject property may file a written notice of appeal from the director's decision to the planning commission within ten days after the director's decision was placed in the mail.

• B. If a notice of appeal is received, the director shall set a date for a public hearing on the appeal. The date of the hearing shall not be less than ten nor more than sixty days from the date the notice of appeal was received.

• C. Notice of the hearing shall be mailed to the party seeking appeal and to all other persons who were given notice of the director's hearing pursuant to Section 17.24.070.

• (Ord. 23405.)

Notwithstanding the provisions in Sections 17.24.070, 17.24.090 and 17.24.100, the failure of any person to receive any prescribed notice, shall not affect, in any way whatsoever, the validity of any proceedings taken under this chapter, nor any action taken or decision made by the director or commission in any proceedings, nor prevent the director or commission from proceeding with any hearing at the time and place set forth in the notice of hearing.

(Ord. 23405.)

• A. The director shall file with the planning commission at its hearing on appeal the application for fence variance, the notice of appeal and all other papers, documents and physical exhibits filed at the hearing before the director.

• B. The hearing before the planning commission shall be a hearing de novo.

• C. Within a reasonable time after the hearing has been concluded and the matter submitted for decision, the commission shall, by a written resolution, set forth its findings and decision on the matter.

• D. The decision of the planning commission shall be final.

• E. The director of planning shall mail a certified copy of the decision of the planning commission to the applicant and to the appellant at the addresses shown for such purpose on the application and notice of appeal, respectively. The director shall also mail a copy of the decision to any person who requests one in writing.

• (Ord. 23405.)

• A. Neither the director nor the planning commission on appeal shall grant a fence variance unless it is found that:

  1. Because of special circumstances uniquely applicable to the subject property, the strict application of the requirements and

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§ 17.24.130

regulations prescribed in Sections 17.24.030 and 17.24.050 of this chapter deprives such property of privileges enjoyed by other property in the vicinity of and in the same zoning district as the subject property; and

2. The fence variance, subject to such conditions as may be imposed thereon,

   • a. Will not substantially impair the utility or value of adjacent property or the general welfare of the neighborhood; and

   • b. Will not substantially impair the integrity and character of the zoning district in which the subject property is situated.

• B. The special circumstances to be considered in the above Subsection A include, but are not limited to, size, shape, topography, location or surroundings of the subject property.

  1. In the case of a corner lot, special circumstances to be considered under Subsection A above include the fact that the legal front lot line of the corner lot does not serve as the actual front entry into the residence.

  2. The fence variance for a side corner lot shall not be granted unless it is found that the fence variance will not result in an adverse impact upon the neighboring properties any differently than if the side corner lot line were the actual front lot line.

• (Ord. 23405.)

The director or the planning commission, in granting any fence variance, may make any such variance subject to such conditions as the director or the planning commission may deem reasonably necessary to meet the requirements of Section 17.24.130 of this chapter and to secure the general purposes of this chapter. Without limiting the gen-

erality of the preceding sentence, such conditions may include specifications on materials to be used in construction of the fence. (Ord. 23405.)

No variance application or appeal shall be accepted for filing unless accompanied by the fee as set forth in the schedule of fees established by resolution of the city council. (Ord. 23405.)