Chapter 17.26

This chapter establishes requirements for fences, walls, and hedges to ensure that these elements minimize screening of scenic views and sunlight, provide adequate buffering between different land uses and screening of outdoor uses and equipment, are attractively designed, are positioned in a manner that discourages crime and supports safety, and are consistent with Town's CPTED strategies. [CPTED] [Source: 17.26.010]

The provisions of this chapter apply to all fences, walls, and hedges except as provided by this section. [Source: 17.26.020]

• A. Exemptions. The following fences and walls are exempt from this chapter: [Source: 17.26.020.A]

  1. Required Fences or Walls. Fences or walls required by the Town for reasons

of public safety, or by the regulations of a State or Federal agency; or [Source: 17.26.020.A.1]

2. Retaining Walls. Retaining walls that are regulated by Section 17.22.040 (Setback Measurement and Exceptions). [Source: 17.26.020.A.2]

• B. Waiver or Modification of Requirements. The requirements of this chapter may be waived or modified by the Director in compliance with Chapter 17.56 (Site Plan and Design Review). [Source: 17.26.020.B]

• A. Maximum Allowed Heights. Fences, walls, and hedges shall not exceed the maximum heights shown in Table 17.26-01 (Maximum Height of Fences, Walls, and Hedges), and in Section 17.20.050 (Traffic Safety Visibility Area). [Source: 17.26.030.A]

• B. Height Measurement. Fence height shall be measured from 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 (2) feet or more, the maximum allowed height of a fence or wall shall be determined by the Director. [Source: 17.26.030.B]

• C. Residential Fence Location. Fences shall comply with the requirements included in Table 17.26-01 (Maximum Height of Fences, Walls, and Hedges) [Source: 17.26.030.C, modified].

Table 17.26-01

Maximum Height of Fences, Walls, and Hedges

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Notes

• [(1) ] In granting the Site Plan and Design Review, in compliance with Chapter 17.56, the Director may approve additional height to enclose or screen specific areas or uses. [Source: Table 3-5 Notes (1)]

• [(2) ] Two-foot tall lattice that is a minimum of fifty (50) percent open may be allowed on top of a six-foot tall fence on rear and interior side setbacks only, with approval of the Director, and with a Building Permit when required. [Source: Table 3-5 Notes (2)]

• [(3) ] Fences exceeding three (3) feet in height shall be located a minimum of two (2) feet behind the front facade of the residence, excluding the portion of the residence dedicated to the garage. [Source: Table 3-5 Notes (4)]

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• A. Pedestrian Access. To ensure the most direct and safe access routes for pedestrians walking between public facilities (e.g., parks, trails, etc.), neighborhood-serving commercial development, and neighboring dwelling units, an appropriate number of openings in the fences or walls shall be provided subject to the approval of the Director. [Source: 17.26.040.A]

• B. Allowable Fence and Wall Materials. Fences and walls shall comply with the following material standards.

  1. Residential Zones. Fences and walls in zones which allow residential uses shall be constructed of attractive, long-lasting materials. Unless otherwise approved by the Director, fences and walls in residential zones shall be constructed of masonry, wood, vinyl, tubular steel, or wrought iron. Masonry walls shall not consist exclusively of smooth-surfaced concrete masonry units (CMUs). Textured or splitface CMUs are required for a minimum of fifty (50) percent of the wall surface. Walls shall be of a solid masonry construction and be of a decorative design when visible from public rights-of-way. The use of corrugated metal sheeting, barbed wire and similar materials as fencing is prohibited. [Source: 17.26.040.B, modified]

  2. Nonresidential Zones. Fences and walls in nonresidential zones shall be constructed

of long-lasting materials and architecturally integrated with the structure design and with existing fences/walls on the parcel. Unless otherwise approved by the Director, fences and walls in nonresidential zones shall be constructed of masonry, wood, vinyl, tubular steel, or wrought iron. [Source: NEW]

• C. Fire Safe Fencing. To prevent the spread of fire between parcels and structures, fences and walls attached to a structure or deck shall be made of noncombustible materials within six (6) feet of the connection to the structure. [Source: NEW]

  1. Fire Safe Fencing Materials. For the purpose of this section, fire safe fencing materials include any of the following materials: [Source: NEW]

     • a. Steel privacy fencing;

     • b. Hogwire;

     • c. Hardiboard; and/or

     • d. Fire resistant wood grain vinyl.

  2. Exemption. Subject to approval by the Director, combustible fencing materials may be allowed within six (6) feet of a structure or deck if the portion of the structure or deck adjoining the combustible fence material is constructed with ignition-resistant building materials sufficient

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to reduce the spread of fire from the combustible fencing materials. For the purpose of this section, ignition-resistant building materials include any of the following: [Source: NEW]

• a. Masonry products;

• b. Stucco;

• c. Plaster; and/or

• d. Fiber cement board.

• A. General. Walls shall be provided and maintained between different zones as follows:

  1. Nonresidential Zones. Where a nonresidential zone abuts a residential zone or zone that allows residential land uses, a solid masonry wall or heavy timber solid wood fence with overlapping fence boards seven (7) feet in height shall be constructed on the zone boundary line. [Source: NEW]

  2. Multi-Unit and Single-Unit Dwelling Zones. Where a multi-unit dwelling zone abuts a single-unit dwelling zone, a solid masonry wall or heavy timber solid wood fence with overlapping fence boards six (6) feet in height shall be constructed on the zone boundary line. [Source: NEW]

  3. Industrial Zones. Where an industrial zone abuts a nonresidential zone, a solid masonry or heavy timber solid wood fence with overlapping fence boards wall seven (7) feet in height shall be constructed on the zone boundary line. [Source: NEW]

  4. Director Approved Modifications. The Director may waive or modify the requirements for new walls between different abutting zones if one (1) of the following findings can be made:

     • a. The proposed modification or waiver is in compliance with the standards

established in Section 17.26.080 (Screening and Buffering); or [Source: NEW]

• b. A solid masonry wall or heavy timber solid wood fence with overlapping fence boards already exists on the abutting property subject to the following:

  • i. The existing wall or fence meets or can be modified to conform to the intent of this section; [Source: NEW]

  • ii. Landscaping can be installed adjacent to the existing wall or fence to supplement and enhance the desired physical separation; and [Source: NEW]

  • iii. Concurrence of the abutting property owner can be obtained, to modify the existing wall or fence to satisfy the requirements of this section. [Source: NEW]

Swimming pools/spas and other similar water features shall be fenced or otherwise secured in compliance with the Town's adopted Uniform Building Code. [Source: 17.26.060]

This section provides standards for the installation and maintenance of security fencing which shall be subject to the following criteria and standards. [Source: 17.26.070]

• A. General Standards. All security fencing shall comply with the following general standards:

  1. Warning Sign. A warning sign shall be posted whenever security fencing is used. [Source: 17.26.070.A.1]

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17.26.080

2. Maintenance. Security fencing shall be properly maintained at all times by the property owner to ensure the public health, safety, and welfare of the community. The property owner shall repair the security fencing within twentyfour (24) hours from the time the Town issues the property owner a notice of correction. [Source: 17.26.070.A.2]

3. Time for Compliance for Existing Fencing. Security fencing existing on arterial or major collector streets that is not in compliance with the provisions of this section shall have a period of twelve (12) months from the date of adoption of this Zoning Code to comply with this section. [Source: 17.26.070.A.3]

4. Prohibition in Residential Zones. Barbed wire, concertina wire, razor wire, or similar security fencing products are prohibited in any residential zone or parcel containing residential uses, including mixed-use developments [Source: 17.26.070.A.4, modified]

• B. Security Fencing in Nonresidential Zones. Security fencing in nonresidential zones shall comply with all the following standards:

  1. Height. Security fencing in nonresidential zoning districts shall be a minimum of six (6) feet in height before the installation of the barbed wire, and shall not exceed eight (8) feet in height, including the barbed wire. [Source: 17.26.080.B.1]

  2. Prohibited Fencing Materials. The following fencing materials are prohibited:

     • a. Concertina wire;

  • b. Razor wire; or

  • c. Other similar security fencing products as deemed by the Director. [Source: 17.26.080.B.2, modified]

3. Review and Approval. Security fencing is allowed with Director approval, where the fence below the barbed wire is at least six (6) feet in height. Plans for the use of security fencing shall be approved by the Director, and a Building Permit, as necessary, shall be obtained before installation. [Source: 17.26.080.B.3, modified]

4. Installation of Security Fencing in Nonresidential Zones. The security portion of fencing shall be installed and maintained at a forty-five-degree or a ninety-degree angle into the property, measured from the vertical axis representing the fence. Fencing shall not extend over adjoining public or private property. [Source: 17.26.080.C]

• A. Purpose and Applicability. This section establishes standards for the screening, separating, and buffering of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas. [Source: 17.26.080.A]

• B. General Guidelines. Screens and buffers shall comply with the following general guidelines:

  1. Project design shall incorporate sound principles of land planning to ensure the highest level of compatibility between adjoining land uses and zones, to minimize the need for screening and buffering. [Source: 17.26.080.B.1, modified]

  2. The use of appropriately enhanced setbacks, fencing, landscape plantings, and other opportunities and techniques can

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assist in softening building forms and minimizing the need for screening and buffering as required by this section. [Source: 17.26.080.B.2]

• C. Mechanical Equipment, Loading Docks, and Refuse Areas. Mechanical equipment, loading docks, and refuse areas shall be screened in compliance with the following:

  1. Roof or ground-mounted mechanical equipment (i.e., air conditioning, heating, ventilation, and exhaust ducts, transformers), loading docks, refuse storage areas, and utility services shall be adequately screened from the view from adjoining public streets and rights-of-way, and surrounding areas zoned for residential or open space uses, by fences, landscaping, walls, or other methods approved by the review authority.

     • The review authority shall consider security and crime prevention measures for ground-mounted mechanical equipment and structures by requiring that the screening material be grates, field fencing, or other forms of screening that allow visibility of the interior area while also providing adequate screening. [Source: 17.26.080.C.1]

  2. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style. [Source: 17.26.080.C.2]

  3. Landscaping shall be installed adjacent to the walls, at the discretion of the Director, in compliance with Chapter 17.28 (Landscaping). [Source: 17.26.080.C.3]

  4. Photovoltaic solar panels are exempt from the screening requirements established in this chapter. [Source: NEW]

• D. Outdoor Building and Garden Supply Areas. Outdoor building and garden supply areas shall be screened with fencing, landscaping, walls, or similar material to minimize visibility of the storage area and are subject to Director approval. [Source: 17.26.080.D]