§ 9-30.050. Height and Location Requirements for Fences, Walls, Hedges, and Other Structures

This Section addresses all fences, walls, hedges, vegetation, mounds, hardscaping, and other structures, except for the exclusions listed in Subsection B, below. These structures will be referred to as "fences, walls, and hedges," and shall comply with the applicable provisions of this Section. For sign height requirements, see Chapter 9-37 (Signs).

A.

Height requirements.

1.

Within the Traffic Safety Sight Area (TSSA), for all zones.

a.

Within the TSSA, as defined in Article 8 (Definitions), and within the public right-of-way, no fences, walls, or hedges over 24 inches high measured from the top of the nearest street curb (street level, if no curb) are allowable without a permit authorized by law (encroachment permit).

b.

Within the TSSA and located on private property, no fences, walls, or hedges over 36 inches high measured from the top of the nearest street curb (street level, if no curb) are allowable without a permit authorized by law.

2.

Outside the TSSA, for residential zones only.

a.

Within the front yard setback, no fence, wall, or hedge shall exceed 42 inches in height and no see-through fence shall exceed six (6) feet in height. A combination of fence, wall, or hedge and see-through fence shall be permitted, said design subject to approval by the Planning Director, in which the solid fence, wall, or hedge does not exceed 42 inches and the total height, including see-through fence, does not exceed six (6) feet in height. However, a maximum six (6)-foot high solid landscaped hedge may be permitted at the side property line with a setback not less than 10 feet from the front property line. Measurement shall be from the top of the highest adjacent grade. Chain-link fences are not allowed, pursuant to Section 9-30.030.A.6.e.

b.

Property line fences and walls outside of the front setback, may not exceed six feet in height as measured from the highest adjacent grade, unless authorized by law.

c.

Retaining walls within the front or street facing side setback may not exceed 36 inches in height. No other garden or retaining walls may be located within three feet of a retaining wall. Measurement shall be from the lowest adjacent grade.

d.

The height of a rear or side residential fence(s), wall(s), or hedge(s) may be increased for up to two additional feet for properties abutting arterial street(s) or a residentially zoned property adjacent to a commercially or industrially zoned property. Any change in fence or wall height must be consistent with the existing design theme, colors, and materials.

B.

Exclusions. Section A above shall not apply to the following:

1.

Public utility facilities, including but not limited to poles;

2.

Signs, fountains, or lights;

3.

Trees or other vegetation within the TSSA, the front yard setback, or the public right-of-way, which are required to be trimmed to the trunk to a line at least six feet above the top of the nearest street curb;

4.

In the TSSA, saplings or plants, not planted or maintained in the form of a hedge, which provide during all seasons a clear view through them;

5.

Supporting members of appurtenances to permanent buildings approved prior to August 20, 1986;

6.

Freestanding poles where the pole does not exceed 19 inches in circumference;

7.

Official traffic control devices; and

8.

U.S. Postal Service approved mailboxes and supports.

C.

Governmental law or regulation. The provisions of this Section shall not apply to fences, walls, and hedges required by a law or regulation of a governmental agency.

D.

Restricted fence materials. The use of chain link, barbed wire, electrified fence, or razor wire in conjunction with any fences, walls, and hedges, or by itself within any residential zone, is prohibited unless required by a law or regulation of a governmental agency.

E.

Gated entrance setback. Notwithstanding any other provision of this Development Code, all gates for vehicles on driveways or roadways shall be set back a minimum of 20 feet from the property line.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1179, eff. December 8, 2011 and § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012)