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a. Purpose and Application.

1. The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, overall character of neighborhoods, contain trash and recyclables, and to ensure the provision of adequate light, air and public safety.

2. These regulations apply to any type of visible or tangible obstruction which has the effect of forming a physical or visual barrier between properties or between property lines and the public right-of-way, including but not limited to: any type of artificially constructed barriers of wood, metal or concrete posts connected by boards, rails, panels, wire or mesh and any type of natural growth such as hedges and screen plantings.

b. Fences, walls or hedges may be placed within required yards, provided:

1. The maximum height in any street yard shall be as shown in Figure 9.

2. The maximum height in any other yard shall be six (6') feet.

3. Arbors, trellises and other lightweight ornamental landscape elements are allowed within a required yard, subject to the same height limits that apply to fences and hedges.

Figure 9

c. Fences or walls may be placed outside required yards, provided:

1. The maximum height is eight (8') feet.

2. Arbors, trellises and other ornamental features are allowed within a required yard, subject to the same height limits that apply to fences and hedges except as provided below.

3. Arbors. Up to one (1) such feature per street frontage may be allowed with a maximum height of nine (9') feet and an area of not more than forty (40) square feet as measured by the perimeter formed by the vertical projection to the ground of the outermost elements of the feature and no horizontal dimension shall exceed eight (8') feet in length. Any portion of such a feature wider than eighteen (18") inches and that exceeds the usual fence height requirements of this section shall be of an open design such that a person standing on the adjacent public right-of-way can see completely through at least fifty (50%) percent of the structure to the depth of the required street yard (Figure 10). Such features within required yards shall not be connected to a building and shall comply with intersection visibility requirements in Figure 4.

Figure 10

4. Decorative pilasters, statuary, flower pots and similar ornamental elements attached to or incorporated into the design of conforming fences or walls may exceed the required height limit up to eighteen (18") inches; provided, that the decorative element is not wider than eighteen (18") inches and that such elements are used to define a gateway or other entryway or are otherwise at least four (4') feet apart.

d. Fence Height. Fence height is measured from the adjacent grade along the lower side of the wall or fence, directly at the base of the wall or fence.

e. Measurement of height where fences or walls are located on retaining walls.

1. Where fences or walls are located on front yard retaining walls, the height of the retaining wall shall be considered as part of the overall height of the fence or wall. Walls or fences must have a minimum spacing of five (5') feet to be considered separate structures for purposes of measuring overall height.

2. Where fences are located on a berm or mound the height of fence shall include the berm or mound directly beneath the fence and above natural grade in the overall height measurement.

3. Where fences are located on retaining walls within other yards (excluding front yards), fences not to exceed six (6') feet as measured from the uphill side may be erected or replaced on top of the retaining walls provided no modification of grade has occurred from the original subdivision improvements and/or design approvals. A building permit is required for the combined fence and retaining wall height that exceeds six (6') feet and if there is evidence that a modification to the grade has occurred from the original subdivision/design approvals the height must be authorized through a fence height exception.

f. Exceptions. The Director may grant exceptions to these standards subject to a finding that no public purpose would be served by strict compliance with these standards.

g. Public Notice Required. A public notice shall be posted at the site of each proposed fence height exception. If anyone informs the Community Development Department of a reasonable objection concerning the proposed fence height exception within five (5) days of the posting, the Director shall schedule a hearing for the application as provided for administrative use permits. If no questions or objections are received by the Community Development Department within five (5) days after posting, the Director may issue a letter of approval upon submission of all required information and without further notice or public hearing.

h. Fence Design Standards. Fencing design and installation shall comply with the requirements of the City’s Fencing Design Standards adopted by Council resolution.

i. Trash/Recycling Enclosure Requirements and Standards. Trash and/or recycling enclosures shall be provided, designed and installed in accordance with the City’s Trash and Recycling Enclosure Design Standards adopted by Council resolution. (Ord. #248-2020, S2 (Exh. A))