Winters Municipal Code Ch. 17.64 Fences, Walls and Hedges

A. No fencing, walls, structures or hedges over three-feet, six-inches in height shall be allowed in the following areas:

1. In residential zones in front or secondary front yard setbacks, except as allowed elsewhere in this title;

2. In residential zones in street side setbacks within forty-five (45) feet of a street corner;

3. In any nonresidential zone within ten (10) feet of any front property line; except as allowed elsewhere in this title; or

4. In any nonresidential zone within a triangle formed by measuring thirty feet from any street corner down the lot lines and connecting across the property.

B. Six-Foot Height Limit.

Fences, walls or hedges not regulated by subsection A, may be permitted on a lot up to six feet in height.

C. Additional Fence Height.

1. Fence heights regulated in subsection B, may be permanently increased by two feet to a maximum height of eight feet on interior side and rear yards in residential zones if:

a. The property owners on both sides of the proposed fence agree in writing to the additional fence height. The document shall be recorded with the county; and

b. That portion of the fence between six and eight feet in height is constructed of a material which is at least fifty (50) percent open.

2. Fence heights up to eight feet may be permitted on a site without respect to yard setbacks where it is found under site plan or design review that additional fence height is needed to reduce visual or noise impacts associated with a commercial or industrial use to adjoining residential lands.

(prior code § 8-1.6001(A)-(C); Ord. 97-03 § 2 (part))

A building permit is required for any fence or wall over six feet in height, and any retaining wall over three feet in height.

(prior code § 8-1.6001(D); Ord. 97-03 § 2 (part))

An encroachment permit is required for a fence or wall that is constructed within a utility easement or public right-of-way.

(prior code § 8-1.6001(E); Ord. 97-03 § 2 (part))

In no instance shall a fence, wall or hedge be permitted which may create a hazard to vehicular or pedestrian traffic, as determined by the city engineer.

(prior code § 8-1.6001(F); Ord. 97-03 § 2 (part))