Part 7 — CONDITIONAL FENCE PERMIT

The purpose of this permit is to regulate the installation of fences exceeding normal height limits set forth in Section 24.08.610 herein. For the purposes of this title, the term “fence” shall include fences or structures in the nature of a fence.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

grade, except as provided in Section 24.12.160(a)(3). (Ord. 2006-02 § 2 (part), 2006: Ord. 95-33 § 1, 1995: Ord. 85-05 § 1 (part), 1985).

The zoning administrator may approve a conditional fence permit without a hearing, unless the conditional fence permit is accompanied by an application which must be heard by a higher body (zoning board or city council), if it is consistent with the findings in Section 24.08.630 and the fence does not exceed a height of three feet six inches in the front or exterior side yard, or exceed a height of eight feet in the rear or interior side yards.

1. A conditional fence permit shall be required and a public hearing shall be held by the zoning administrator for any conditional fence permit that exceeds the height limits established in Section 24.08.620.

(Ord. 2006-02 § 2 (part), 2006: Ord. 94-34 § 10, 1994: Ord. 85-05 § 1 (part), 1985).

A conditional fence permit shall be granted when the following findings can be made:

1. The issuance of such a permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to

A conditional fence permit shall be required when the proposed fence is:

1. On that portion of any private property in the area between the street and the front or the exterior side yard setback line established by the Zoning Ordinance, the building code or other ordinances of the city and exceeds a height of three feet six inches from finished grade, except as provided in Section 24.12.160(a)(3).

2. On that portion of the property back of the setback lines described in subsection (1), and exceeds a height of six feet from finished

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24.08.720

the property, for the preservation of valuable property rights or full use and enjoyment of the property;

2. The fence will not create a safety hazard for pedestrians or vehicular traffic;

3. The appearance of the fence is compatible with the design and appearance of existing buildings and structures within the neighborhood;

4. The fence or hedge is a planned architectural feature which avoids dominating the site or overwhelming the adjacent properties and structures;

5. The orientation and location of the fence or hedge is in proper relation to the physical characteristics of the site and the surrounding neighborhood and does not impede reasonable solar access of any adjacent property; and

6. The fence will be of sound construction and located so as not to create a safety hazard. (Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).