Publisher's Note: This Section has been AMENDED by new legislation (Ord. 10-2024, passed 3-5-2024). The text of the amendment will be incorporated below when the ordinance is codified.
A. Purpose: Fences, walls and hedges serve properties by providing privacy and security, defining private space and enhancing the design of individual sites. Fences also affect the public by impacting the visual image of the streetscape and the overall character of neighborhoods. The purpose of these regulations is to achieve a balance between the private concerns for privacy and site design and the public concerns for enhancement of the community appearance, and to ensure the provision of adequate light, air and public safety.
B. Location: All fences, walls or hedges shall be erected entirely within the property lines of the property they are intended to serve.
C. Building Permit Required:
1. A building permit shall be obtained prior to construction of any fence that does not exceed six feet (6') in height and is not made of concrete or masonry or does not require structural review under the Uniform Building Code regulations. The permit is to ensure compliance with adopted regulations.
2. A building permit and fee are required for fences and walls which exceed six feet (6') in height and all fences or walls of any height that are constructed under the International Building Code. The permit is to ensure compliance with all Zoning Ordinance standards and requirements (location, height, types of materials) as well as to ensure the structural integrity of the pilasters and foundation system which will be verified by plan review and site inspection.
3. The application for a permit must include plans identifying the location and height of the proposed fence or wall. If the fence or wall is constructed of masonry or concrete of any height or exceeds six feet (6') in height, construction details showing horizontal and vertical reinforcement and foundation details shall be shown on the plans.
4. The building permit fee for a fence will be a general permit fee based on construction costs or valuation of the work as shown in the consolidated fee schedule.
5. Construction of any fence in the following districts shall also comply with the additional fencing regulations found in the following subsections of this title:
a. FP Foothills Protection District (21A.32.040I);
b. H Historic Preservation Overlay District (21A.34.020E); and
c. Foothill Residential FR-1, FR-2 and FR-3 Districts (21A.24.010P).
D. Design Requirements:
1. Residential districts (chapter 21A.24, "Residential Districts", of this title):
a. Allowed Materials: Fences and walls shall be made of high quality, durable materials that require low maintenance. Acceptable materials for a fence include chainlink, wood, brick, masonry block, stone, tubular steel, wrought iron, vinyl, composite/recycled materials (hardy board) or other manufactured material or combination of materials commonly used for fencing. Other materials of similar quality and durability, but not listed herein, may be used upon approval by the Zoning Administrator through an administrative interpretation application;
b. Prohibited Materials: Fences and walls shall not be made of or contain:
(1) Scrap materials such as scrap lumber and scrap metal.
(2) Materials not typically used or designated/manufactured for fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.
2. Nonresidential districts (chapters 21A.26 through 21A.34 of this title: commercial districts, manufacturing districts, downtown districts, gateway districts, special purpose districts and overlay districts):
a. Allowed Materials: Fences and walls shall be made of high quality, durable materials that require minimal maintenance. Acceptable materials for fencing in nonresidential districts include, but are not limited to, chainlink, prewoven chainlink with slats, wood, brick, tilt-up concrete, masonry block, stone, metal, composite/recycled materials or other manufactured materials or combination of materials commonly used for fencing. Other materials of similar quality and durability, but not listed herein, may be used upon approval by the Zoning Administrator through an administrative interpretation application.
b. Prohibited Materials: Fences or walls in nonresidential districts shall not be constructed of or contain:
(1) Scrap materials such as scrap lumber and scrap metal.
(2) Materials not typically used or designated/manufactured for fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.
E. Height Restrictions and Gates:
1. Fences, walls, and hedges shall comply with the following regulations based on the following zoning districts:
a. Residential Zoning Districts:
(1) Except as permitted in subsection 21A.24.010.P and 21A.40.120.E.4 of this code a fence, wall or hedge located between the front property line and front building line of the facade of the principal structure that contains the primary entrance shall not exceed four (4) feet in height.
(2) A fence, wall, or hedge located at or behind the primary facade of the principal structure shall not exceed 6 feet in height.
(3) On developed properties where there is no existing principal structure, the height of a fence, wall, or hedge shall not exceed four (4) feet in a front yard area or six (6) feet in the rear or side yard areas.
b. Nonresidential Zoning Districts:
(1) A fence, wall, or hedge located between the front property line and the primary facade of the principal structure shall not exceed four (4) feet in height.
(2) A fence, wall or hedge located at or behind the primary facade of the principal structure shall not exceed six (6) feet in height.
(3) On developed properties where there is no existing principal structure, the height of a fence, wall, or hedge shall not exceed four (4) feet in a front yard area or six (6) feet in the rear or side yard areas.
(4) Not withstanding Subsection 21A.40.120.E.1.b.(1), in the M-2 and EI zoning districts fences, walls, or hedges may be up to six (6) feet in height if located between the front property line and the front yard setback line.
(5) If there is no minimum front yard setback in the underlying zoning district, a fence, wall, or hedge of a maximum six (6) feet in height may be placed no closer than ten (10) feet from the property line.
(6) Outdoor storage, when permitted in the zoning district, shall be located behind the primary facade of the principal structure and shall be screened with a solid wall or fence and shall comply with the requirements in Section 5.60.120. Outdoor storage in the M-1 and M-2 districts are also subject to the provisions of 21A.28.010.B.3.
(7) All refuse disposal and recycling dumpsters, except those located in the M-2, LO and EI districts shall be screened on all sides by a solid wood fence, masonry wall or an equivalent opaque material to a height of not less than 6 feet but not more than 8 feet.
2. Double Frontage Lot: A fence, wall, or hedge located on a property where both the front and rear yards have frontage on a street may be a maximum of six (6) feet in height in a front yard provided the fence, wall, or hedge:
a. Is located in a provided yard that is directly opposite the front yard where the primary entrance to the principal building is located;
b. Is in a location that is consistent with other six (6) foot tall fence locations on the block;
c. Complies with Sight Distance Triangle requirements of this Title; and
d. Complies will all other fence, wall, and hedge requirements of this Title.
e. Not exceed six (6) feet in height in a front yard.
3. Vacant Lots. Notwithstanding 21A.24.010.P.10.d, fencing to secure vacant or undeveloped lots may be up to six (6) feet in height, provided the fence is not closer than five (5) feet to a public sidewalk and is no less than eighty percent (80%) transparent. Once the property is developed, the fence will be required to comply with the height restrictions of this title.
4. Additional Fence Height Allowed. Notwithstanding any other Section of this Chapter, the following regulations apply:
a. Adjacent to Nonresidential Zoning Districts. Fences, walls, or hedges in the FR, SR, and R-l zoning districts shall not exceed six (6) feet in height in the side or rear yard except where they abut a Commercial, Downtown, Manufacturing, or Special Purpose Zoning District. The maximum height shall be eight (8) feet. This exception does not apply to fences, walls, or hedges in the corner side yard or front yard, and only applies where the lot abuts the nonresidential district.
b. Public Utility Facilities. Fences or walls may exceed the maximum height regulations when the fence or wall is necessary to restrict access and promote safety of public utility buildings or structures, provided that the portion of the fence or wall which exceeds a height of six (6) feet is at least eighty percent (80%) transparent. In no event, shall the fence or wall securing a public utility building or structure exceed twelve (12) feet in height.
c. Recreation Facilities. For fences or walls constructed around parks, open space, or other outdoor recreation areas, the maximum height fence shall be up to ten (10) feet in height and may be located in any required yard, provided that the fence or wall is no less than eighty percent (80%) transparent above a height of six (6) feet. Fences or walls for which a greater height is necessary to protect public safety, such as, driving ranges, baseball fields, athletic fields; or similar facilities may be allowed within the subject property to a height necessary to contain the recreation equipment.
d. Private Game Courts, Swimming Pools, and Other Similar Recreation Equipment. Fences or walls constructed around private game courts, swimming pools, or other similar recreation equipment expressly permitted in Section 21A.36.020.B, may be up to ten (10) feet in height provided that the fence or wall is no less than eighty percent (80%) transparent above a height of six (6) feet.
e. Construction Fencing. Temporary fencing to secure construction sites during the planning, demolition, or construction process is permitted to a maximum of ten (10) feet in height in any required yard.
f. Pillars. Pillars shall be allowed to extend up to eighteen (18) inches above the allowable height of a fence or wall; provided, that the pillars shall have a maximum diameter or width of no more than eighteen (18) inches; and provided, that the pillars shall have a minimum spacing of no less than six (6) feet apart, measured face to face.
g. Gates and Arches. The height of gates shall conform to the applicable maximum fence height where the gate is located except that decorative elements on gates such as scrolls, finials, and similar features may extend up to one foot above the maximum fence height. In addition, arches or trellises up to twelve (12) feet in height and five (5) feet in width may be constructed over a gate if integrated into the fence/gate design. A maximum of two (2) such arches shall be permitted per property.
h. Barbed or Razor Wire Fences. Where permitted, barbed wire and razor wire fences may be up to twelve (12) feet in height.
i. Conditional Uses. A fence, wall, or hedge may exceed the allowable height requirements of this Chapter where additional fence height is imposed as a reasonable condition to mitigate the anticipated detrimental effects of a conditional use. Where such additional height is imposed as a reasonable condition, such height shall not exceed the minimum height necessary to mitigate the anticipated detrimental effects of the conditional use.
5. Vision Clearance and Safety. Notwithstanding any other provision of this Code, a fence, wall, or hedge shall comply with the sight distance triangle requirements of this section.
a. Corner Lots; Sight Distance Triangle: No solid fence, wall or hedge shall be erected to a height in excess of three (3) feet if the fence, wall or hedge is located within the sight distance triangle extending thirty (30) feet either side of the intersection of the respective street curb lines, or edge lines of roadway where curbing is not provided as noted in Section 21A.62.050, illustration I of this title.
b. Intersection of Street and Driveway; Intersection of Alley or Driveway and Sidewalk; Sight Distance Triangle: Solid fences, walls and hedges shall not exceed thirty (30) inches in height within the sight distance triangle as defined in Section 21A.62.050, illustration I of this title.
c. Sight Distance Triangle and See Through Fences: Within the area defined as a sight distance triangle, see through fences that are at least fifty percent (50%) open shall be allowed to a height of four (4) feet.
d. Alternative Design Solutions. To provide adequate line of sight for driveways and alleys, the zoning administrator, in consulting with the development review team, may require alternative design solutions, including, but not restricted to, requiring increased fence setback and/or lower fence height, to mitigate safety concerns created by the location of buildings, grade change or other preexisting conditions.
6. Height Measurement. The height of a fence, wall, or hedge shall be meas ured from the finished grade of the site as defined in section 21A.62.040 of this title. In instances of an abrupt grade change at the property line, the height for fences that are located on top of a retaining wall shall be measured from the top of the retaining wall.
7. Gates. No gate, whether crossing a driveway, walkway, or part of a fence, shall be erected to a height in excess of the standards outlined in this subsection E. To regulate the location of gates and their impact on vehicular staging within the public right of way, passenger vehicles shall require a minimum seventeen (17) foot six (6) inch setback from back edge of sidewalk, or property line when a sidewalk is not provided, and large truck driveways shall require a one hundred (100) foot setback from back edge of sidewalk, or property line when a sidewalk is not provided. This requirement does not apply to gates abutting alleys. All gates are to swing inward to the property or be a roll gate that does not impact the staging area.
F. General Requirements:
1. Except when constructed of materials that have been designed or manufactured to remain untreated, all fences or walls shall periodically be treated with paint or chemicals so as to retard deterioration.
2. Fences or walls shall be constructed with good workmanship and shall be secured to the ground or supporting area in a substantial manner and engineered so that the structure of columns or posts and the material used for the intervening panels are adequately constructed to support the materials and withstand wind loads.
3. All fences or walls (including entrance and exit gates) shall be maintained in good repair, free of graffiti, structurally sound, so as to not pose a threat to public health, safety, and welfare.
G. Barbed Wire Fences: Permitted Use: Barbed wire fencing is allowed as a permitted use in the following instances:
1. AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 districts and to secure critical infrastructure located in any other zoning district not listed subject to the following requirements. Critical infrastructure includes sites that are necessary to protect the facility or site for the purpose of public health and safety. Barbed wire is also permitted to secure construction sites and sites where construction is pending provided it is removed once construction is complete.
2. Barbed wire fences shall be subject to the following provisions:
a. Not allowed in a provided or required front yard.
b. The barbed wire is permitted to exceed the maximum fence height.
c. No strand of barbed wire shall be permitted less than seven feet (7') in height above the ground except for agricultural purposes provided the barbed wire is vertically aligned.
d. No more than three (3) strands of barbed wire are permitted.
e. The barbed wire strands shall not slant outward from the fence more than sixty (60) degrees from a vertical line.
f. All barbed wire shall be setback a minimum of three feet (3') from public property.
g. The barbed wire is not located along a property line shared with a residential use when the subject property is in a CG zoning district.
H. Razor Wire Fences: Razor wire fencing is allowed as a permitted use in the M-1, M-2 and EI zoning districts and to secure critical infrastructure structures and sites located in any other zoning district subject to the following requirements. Critical infrastructure includes sites that are necessary to protect the facility or site for the purpose of public health and safety.
1. Razor wire is not allowed in a provided or required front or corner side yard.
2. Razor wire is permitted to exceed the maximum fence height to a height necessary to reasonably secure the site.
3. No strand of razor wire shall be permitted on a fence that is less than seven feet (7') high. Razor wire coils shall not exceed eighteen inches (18") in diameter and must slant inward from the fence to which the razor wire is being attached.
4. All razor wire shall be setback a minimum of three feet (3') from public property in zoning districts that do not have a minimum setback.
I. Exemption: The A airport district is exempt from all zoning ordinance fence regulations. The department of airports has administrative authority to regulate and approve fencing within the A airport district. All fencing that the department of airports requires of its clients within the A district is subject to review and approval by the airport.
J. Electric Security Fences:
1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and M-2 zones. Electric security fences on parcels or lots that abut a residential zone are prohibited.
2. Location Requirements: Electric security fences shall not be allowed in required front yard setbacks or on frontages adjacent to residentially zoned properties.
3. Compliance With Adopted Building Codes: Electric security fences shall be constructed or installed in conformance with all applicable construction codes.
4. Perimeter Fence or Wall: No electric security fence shall be installed or used unless it is fully enclosed by a nonelectrical fence or wall that is not less than six feet (6') in height. There shall be at least one foot of spacing between the electric security fence and the perimeter fence or wall.
5. Staging Area: All entries to a site shall have a buffer area that allows on site staging prior to passing the perimeter barrier. The site shall be large enough to accommodate a vehicle completely outside of the public right of way.
6. Height: Electric security fences shall have a maximum height of ten feet (10').
7. Warning Signs: Electric security fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not greater than sixty feet (60'). Signs shall comply with requirements in chapter 21A.46, "Signs", of this title.
8. Security Box: Electric security fences shall have a small, wall mounted safe or box that holds building keys for police, firefighters and EMTs to retrieve in emergencies.
(Ord. 12-24, 2024:
Ord. 46-23, 2023: Ord. 64-21, 2021: Ord. 52-21, 2021: Ord. 46-17, 2017: Ord. 54-14, 2014: Ord. 20-14, 2014: Ord. 82-12, 2012: Ord. 73-11, 2011: Ord. 60-11, 2011: Ord. 24-11, 2011)