(1) Purpose: To establish standards for the placement of fences.
(2) General Provisions:
A. For the purposes of this section, walls, latticework, and screens shall be considered to be fences (and shall be used interchangeably) and shall be built and maintained in compliance with the provisions herein. Landscaping, shrubs, plants, etc., are not considered fences and do not need to comply with the provisions contained in this section but must comply with all provisions contained in articles 7 and 8 of this chapter. Fence posts, gates, and other fencing materials installed on a property shall also be in compliance with the provisions herein, including but not limited to height, setback, and material.
B. No fence shall be constructed or installed in any zoning district, except the C-C City Center Zoning District which has its own fencing regulations as noted in section 10-12-04 of this chapter, without conforming to these regulations. Additionally, fencing within a designated historic district must comply with all the fencing regulations as listed in this section, as well as complying with all fencing regulations as required in chapter 2, article 17 of this Code.
C. Fences shall be built entirely upon the property they are intended to serve.
D. Fences built across or on easements must allow access to the entitled parties of the easements for maintenance purposes. Should maintenance by entitled parties of said easements result in damage or dislocation of fences, the owner of the property on which said fence is located, at his/her expense, shall be responsible for any repairs or reconstruction of said fences.
E. The property owner shall be responsible for keeping fences structurally sound so as to not endanger life, property or become a nuisance and for keeping fences free from advertising (except for that advertising which is allowed under section 10-02-06 of this article), and prohibited signage as per the sign ordinance and graffiti.
F. Fencing over three feet (3') in height should not be allowed, placed, erected, or constructed in any "vision triangle" as defined below.
1. "Vision triangle": Defined as measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2) points with a straight line. The edge of the roadway shall be defined as the curb or where the curb would be if no curb is installed. Driveways are not considered roadways for this definition.
G. International Building Code requires building permits for some fences and/or walls. See the Building Department for permit requirements.
H. Fences are not required anywhere in the City except as may be necessary for sight obstruction. Certain uses may be declared by the City to possess characteristics such that sight obstruction is required to prevent damage, hazard, nuisance or other detriment to the public health, safety, or welfare.
1. The following uses, at the discretion of the Planning and Zoning Director, may be declared as requiring a sight obstructing fence:
Junkyard.
Recycling operation.
Sanitary landfill.
Storage businesses.
Wrecking/salvage yard.
Other uses not specifically listed above but determined by the Planning and Zoning Director to be similar in nature to the aforementioned uses.
2. Requirements for sight obstructing fences:
(A) Shall be solid or nonvision.
(B) The solid or nonvision portion shall be no less than six feet (6') in height as measured from the ground on which the fence is to be placed.
(C) Shall completely obscure from outside view the use requiring site obstruction.
I. While the City generally prohibits the placement of fencing in public right-of-way areas along residential zones, fencing that is placed in a public right-of-way in a residentially zoned area, whether intentionally or accidentally, is subject to the following conditions whether the fencing is placed in existing or future public right-of-way areas when in residential zones:
1. Fencing shall be removed by and at the property owner's expense within five (5) days of a request by the City to remove said fencing;
2. Fencing can be removed by the City after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right-of-way maintenance/improvements for any existing or future public right-of-way area.
(3) Prohibited Fencing:
A. Electric, concertina, barbed or razor wire fences in all zoning districts shall be prohibited excepting:
1. Livestock containment areas for horses or other permitted farm animals in any zoning district may utilize electric or barbed wire fences.
2. Commercial and industrial zoning districts may utilize electric, concertina, barbed or razor wire fencing, but only as the top section of the fence. The beginning of said top section must be at least six feet (6') above grade. This exclusion shall not apply along the front property line and the side property lines within twenty feet (20') of the front property line for all properties fronting a minor or major arterial roadway.
3. Public correctional or penal facilities are exempted from this prohibition regardless of the zoning district in which they reside.
B. The following materials shall not be utilized for fencing:
1. Boxes.
2. Sheet or corrugated metal.
3. Broken or decaying wood.
4. Broken masonry blocks.
5. Sheets of plywood.
6. Cinder blocks.
7. Hubcaps.
8. Other unsightly materials as determined by the Planning and Zoning Director.
C. Fencing shall not be allowed within a street landscape buffer area as listed in subsection 10-07-08(9) of this chapter.
D. Decorative corrugated metal may be used as fencing material on a case-by-case basis as determined by the Planning and Zoning Director. To be considered for approval it must meet the following standards:
1. The fencing is not visible from a public roadway, and
2. If located within any residential zone or abutting a residential zoned property, all exposed edges along the top and outer sides of the decorative corrugated metal fence must be dressed so that no sharp edges are exposed.
(4) Zoning District Standards:
A. Residential districts (RS-1, RS-2, R-1, R-2, R-3) and College District (C-D):
1. Interior Lots:
(A) Front Yard Property Line And Setback Area:
i. Open fencing height: Maximum four feet (4'), notwithstanding height limitations in vision triangle areas.
ii. Solid fencing height: Maximum three feet (3').
iii. Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.
(B) Interior Side And Rear Property Line And Setback Area:
i. Open fencing height: Maximum six feet (6') along the rear property line and the side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is four feet (4'), notwithstanding height limitations in vision triangle areas.
ii. Solid fencing height: Maximum six feet (6') along the rear property line and the side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is three feet (3').
iii. Setback: No setback from either the side or the rear property line.
2. Corner Lots:
(A) Front Yard Property Line And Setback Area:
i. Open fencing height: Maximum four feet (4'), notwithstanding height limitations in vision triangle areas.
ii. Solid fencing height: Maximum three feet (3').
iii. Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.
(B) Interior Side And Rear Property Line And Setback Area:
i. Open fencing height: Maximum six feet (6') along the rear property line and the interior side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is four feet (4'), notwithstanding height limitations in vision triangle areas.
ii. Solid fencing height: Maximum six feet (6') along the rear property line and the interior side property line. Except that, as the fence runs along the interior side property line, once it reaches twenty feet (20') from the front property line, the maximum height is three feet (3').
iii. Setback: No setback from either the side or the rear property line.
(C) Side Property Line And Setback Area Adjoining A Street: Fencing shall follow either subsections (4)A2(C)i and (4)A2(C)ii of this section together or shall follow subsections (4)A2(C)iii and (4)A2(C)iv of this section together:
i. Open and solid fencing height: Maximum four feet (4') along the side property line, notwithstanding height limitations in vision triangle areas.
ii. Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.
Or:
iii. Open and solid fencing height: Maximum six feet (6') along the side property line, notwithstanding height limitations in vision triangle areas.
iv. Setback: Ten feet (10') from an existing curb with no sidewalk and five feet (5') from the edge of an existing sidewalk.
3. Maximum Height: For purposes of this section, maximum height is above the grade as measured at the point/line upon which the fence shall sit, and includes lattices and berms. Additional height shall be allowed for arbors, arches and/or other architectural appurtenances extending over gates and/or other entryways, as well as gateposts, said appurtenances and gateposts not exceeding eight feet (8') maximum height.
B. Commercial, industrial, and institutional districts (C-1, C-2, C-3, C-4, M-1, M-2, I-P, A-D, H-D):
1. Interior and corner lots:
(A) All Yard Property Lines And Setback Areas:
i. Open or solid fencing height: Maximum eight feet (8'), notwithstanding height limitations in vision triangle areas.
ii. Setback: Front setback shall be equal to the required width of the landscape buffer for the property as listed in subsection 10-07-08(3) of this chapter. No other setbacks are required.
C. Steunenberg residential historical district:
1. Interior lots:
(A) Front Yard Property Line And Setback Area:
i. Open fencing height: Maximum four feet (4'), notwithstanding height limitations in vision triangle areas.
ii. Solid fencing: Maximum three feet (3').
iii. Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.
(B) Side And Rear Property Line And Setback Area:
i. Open fencing height: Maximum six feet (6') along the rear property line and the side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is four feet (4'), notwithstanding height limitations in vision triangle areas.
ii. Solid fencing height: Maximum six feet (6') along the rear property line and the side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is three feet (3').
iii. Setback: No setback from either the side or the rear property line.
2. Corner lots:
(A) Front Yard Property Line And Setback Area:
i. Open fencing height: Maximum four feet (4'), notwithstanding height limitations in vision triangle areas.
ii. Solid fencing: Maximum three feet (3').
iii. Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.
(B) Interior Side And Rear Property Line And Setback Area:
i. Open fencing height: Maximum six feet (6') along the rear property line and the interior side property line. Except that, as the fence runs along the interior side property line, once it reaches twenty feet (20') from the front property line, the maximum height is four feet (4'), notwithstanding height limitations in vision triangle areas.
ii. Solid fencing height: Maximum six feet (6') along the rear property line and the interior side property line. Except that, as the fence runs along the interior side property line, once it reaches twenty feet (20') from the front property line, the maximum height is three feet (3').
iii. Setback: No setback from either the side or the rear property line.
(C) Side Property Line And Setback Area Adjoining A Street:
i. Open and solid fencing height: Maximum four feet (4') along the side property line, notwithstanding height limitations in vision triangle areas.
ii. Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.
Or:
iii. Open and solid fencing height: Maximum six feet (6') along the side property line, notwithstanding height limitations in vision triangle areas.
iv. Setback: Ten feet (10') from an existing curb with no sidewalk and five feet (5') from the edge of an existing sidewalk.
3. Chainlink fencing, as well as vinyl fencing, shall be prohibited within the Steunenberg residential historic district. Existing fences of these materials may remain, but no new construction of chainlink or vinyl fencing shall be permitted to occur. When an existing chainlink or vinyl fence needs to be repaired, such repairs may include a replacement of the existing materials, but no new sections of the prohibited chainlink or vinyl may be added.
4. Any fence installed after December 1, 2019, which fence has street frontage, shall be installed so that the “finished” or “good” side of the fence faces the exterior of the property.
(5) Nonconforming Fences:
A. Fences which are nonconforming for any reason, but were in place prior to the adoption date hereof, may continue if maintained in good condition and repair and provided they do not impede the safety of motorists or otherwise present a hazard. Safety and/or hazardous issues shall be remedied immediately.
B. Fences constructed or erected after the adoption date hereof that do not comply with the standards as listed in this section shall immediately be removed. Prior to any removal, the property owner shall be afforded an opportunity for a hearing before the council; said hearing must be requested within seven (7) days of receipt of a notice of order to remove a fence and shall follow the public hearing process. Failure to request such a hearing will result in the property owner immediately removing the fence.
C. A property owner that wishes to construct a new fence such that said new fence would be noncompliant with the standards as listed in this section may request a variance and shall follow variance procedures as established in section 10-03-05 of this chapter.
D. Any person or corporation, whether owner, lessee, principal agent, employee or otherwise, who violates any of the provisions of this section or permits any such violation or fails to comply with any of the requirements approved under this section shall be guilty of a misdemeanor statute contained in section 18-113, Idaho Code. Each day's continued violation shall constitute a separate additional violation. Upon conviction of any violation of any of the provisions of this section, such person shall be punished by a fine of not more than three hundred dollars ($300.00) for each day's separate offense or by imprisonment of not more than thirty (30) days, or a combination of fine and imprisonment. (Ord. 2748, 10-10-2008; Ord. 2805, 11-2-2009; Ord. 2911, 9-4-2012; Ord. 2939, 10-21-2013; Ord. 2967, 7-21-2014; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3176, 11-5-2018; Ord. 3253, 3-2-2020)