32-22.11   Fencing and Retaining Walls.
   Fences and retaining walls do not qualify as accessory structures and are subject to their own setback and design criteria as follows:
   a.   Front Yard Fences. The height limit for fences or hedges located within the primary front yard setback area is three and one-half (3-1/2) feet, as measured at the grade at the location of fence placement. For corner lots, the height limit for fences within the site distance triangle shall be further limited as specified under Section 32-22.12.a. of this chapter.
   b.   Secondary Front Yard Fence. The height limit for secondary front yard fences is six (6) feet. Additionally, secondary front yard fences shall maintain a minimum setback of five (5) feet from the adjacent right-of-way or vehicular access easement, and landscaping shall be installed and maintained along the exterior face of the fence. The maximum height of a fence within five (5) feet of the edge of an adjacent right-of-way or vehicular access is three and one-half (3-1/2) feet. All fences must comply with the Visibility at Intersections for Corner Lots - site distance triangle requirements as defined in Section 32-22.12.a. of this chapter.
   c.   Interior Side and Rear Yard Fence. The height limit for side and rear yard shared property line fences which do not abut a public right-of-way or vehicular access easement is six (6) feet, but may be increased to seven (7) feet if the top one (1) foot is constructed with an open lattice. For shared property line fences which are placed on top, or within two (2) feet of the top of, a retaining wall, the combined height shall not exceed six (6) feet, or seven (7) feet if the top one foot is constructed with an open lattice. However, if the fence is off-set from the retaining wall by two (2) feet or more, the fence height shall be measured independent from the height of the retaining wall.
   d.   Fence and Retaining Walls Separations.
      1.   The height limit for retaining walls is six (6) feet. The height of retaining walls within the front yard or secondary front yard setback area is restricted to three and one-half (3-1/2) feet. Retaining walls within primary or secondary front yard areas shall meet the standards for visibility at intersections for corner lots as defined in Section 32-22.12.a. of this chapter.
      2.   Retaining walls that are greater than three (3) feet in height shall maintain a minimum three (3) foot setback from side or rear property lines. For sloped areas where multiple retaining walls are proposed, the retaining walls shall maintain a minimum separation width equal to the height of tallest adjacent retaining wall. The ground area between the retaining walls may have a maximum slope of 3:1. Installation and maintenance of landscaping in the ground area between retaining walls is required for retaining walls of any height in which building permits are required.
      3.   Retaining walls required for structural or geotechnical reasons, or for public capital improvements, are exempt from the six (6) foot height restriction, subject to determination by the Town.
   e.   Prohibited Fences. Installation of the following types of fences and use of fences constructed with the following fencing material is prohibited unless specifically approved by the Planning Division for animal control, special security needs, or as required by city, state, or federal law or regulation.
      1.   Barbed wire, razor, or concertina wire;
      2.   Electrified fence;
      3.   Chain link fencing when visible from public areas and/or public rights-of-way; or
      4.   Temporary fencing such as plastic or wire mesh fencing, barricades, and/or panel-system fences, except to control access to construction sites, for use associated with Town-sponsored events, and/or in conjunction with operation of temporary Town-approved uses.
(Ord. #2023-05, § 2)