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HomeMy WebLinkAboutDraft Fence Code 11-3A-7. - Fences A. Purpose: The purpose of these standards is to regulate fences in order to: (1) Provide safety and security for private property; (2) Enhance the visual appearance of the built environment in the city; (3) Establish an attractive streetscape; (4) Ensure visual compatibility with public and private spaces; and (5) Promote street and neighborhood character. B. Standards for all districts 1. No person shall install a fence or allow a fence to be installed without first obtaining a fence permit, except that a fence installed in conjunction with a building permit for a principal use shall not require a separate fence permit. 2. All fences shall be measured from the back edge of the sidewalk. In cases where no sidewalk exists, the measurement shall be taken from the property line. 3. No person shall install, keep, or allow to be installed or kept a fence which includes or incorporates any of the following components: a. Electric wire. b. Barbed or razor wire , except in the M-E, I-L, and I-H districts when such barbed or razor wire is shown by the property owner to be necessary for securing the property, and the lowest barbed or razor wire is located a minimum of six feet (6') above grade. c. Boxes, sheet metal, tarp, fabric, broken masonry blocks, rotting wood, or damaged, discarded, or unsightly materials. d. Any protruding staple, spike, nail, barb, or element that presents a safety or health hazard. 4. Where screening is required in this title, chain-link fencing with or without slats shall not be used as a screening material. 5. No person shall install, keep, or allow to be installed or kept on his or her property a fence within three feet (3') of, or that otherwise obstructs access to, any utility box, meter, or other infrastructure. 6. No person shall install; keep; extend from his or her property; or allow to be installed, kept, or extended from his or her property; a fence or any portion of a fence which encroaches on a sidewalk. 7. No person shall install; keep; extend from his or her property; or allow to be installed, kept, or extended from his or her property a fence or any portion of a fence which encroaches on the public right-of-way; except under the terms of a valid license agreement from the transportation authority. 8. The property owner shall keep all fences free from advertising and graffiti. 9. The property owner shall maintain in good repair all fences delineating private property and a publicly accessible area. A fence shall be deemed not in good repair if it has missing or broken boards or other components, or if it constitutes a public nuisance or safety hazard. 10. The natural grade of a property shall not be artificially modified to increase fence height, except as allowed in this section and subsection 11-31-1-4(D). Fence height must be measured from the existing, unaltered grade at the base of the fence. An exception to this standard is permitted for fences located along designated collector and arterial streets. In such cases, the combined height of any berm and fence shall not exceed eight feet (8'), as measured from the centerline of the adjacent street. 11. For property abutting a pathway or publicly accessible open space (public or private school or public park), the property owner may install a fence only where such fence complies with one of the following standards: a. An open vision or semiprivate fence up to six feet (6') in height, b. A closed vision fence four feet (4') in height or a closed vision fence four feet(4') in height with an additional two feet (2') in height of open vision fencing at the top of the fence, c. If fully visible from a public street, a closed vision fence up to six feet(6') in height. 12. See subsection 11-3A-6(C)(2) of this article for additional fencing requirements along irrigation ditches, laterals, canals, and/or drains. C.Additional standards in the C-N, C-C, C-G, M-E, H-E, I-L, and I-H districts. 1. The maximum fence height shall not exceed eight feet(8'). 2. All fences adjoining an alley, whether such alley is on the rear or side yard, shall be open vision and be set back a minimum of five feet(5') from the alley(measured from property line). D.Additional standards in the R-2, R-4, R-8, R-15, R-40, L-O, O-T, TN-C, and TN-R districts. 1. The maximum fence height shall not exceed six feet(6'), subject to the provisions set forth in subsections (D)(2) and (D)(3) of this section. 2. The maximum fence height in any required street yard shall be three feet (3') for a closed vision fence and four feet (4')for an open vision fence. See figure 2 of this section. 3. On corner properties, one of the following shall apply: a. Where the sidewalk is attached to the curb, fences located on the street side yard must be set back a minimum of five feet (5') from the back of the sidewalk. b. Where the sidewalk is detached from the curb (i.e., separated by a parkway), the fence must be set back a minimum of two feet(2') from the back of the sidewalk. 4. Decorative panels and trellises adjacent to fences are permitted, provided the following: a. They are not physically connected to or used to extend the height of the fence structure; b. They are used for the purpose of supporting vertical landscaping or decorative features; c. They do not exceed eight feet (8') in height; and d. They do not extend more than fifty percent (50%) of the required yard. 5. Where the rear yard of one (1) property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See figure 3 of this section. 6. Side yard fences that delineate the boundary of the side yard shall only be allowed in the street yard where the side setback is five feet(5') or greater. In the R-15 and R-40 zoning districts, no side yard fence shall be allowed in any street yard unless it is explicitly reviewed and approved as part of the subdivision application. 7. Side yard fences that extend from one (1) building to an adjoining building are allowed where the adjoining dwellings have use easements on the side yard area. Such fences shall be set back a minimum of two feet (2') behind the enclosed portion of the front of the building adjoining the fence. 8. Side yard fences that extend from one (1) building to an adjoining building that are greater than three feet(3') in height and constructed of wrought iron or similar material shall provide a gate for emergency access to each side yard. 9. The property owner shall comply with the following standards for all fences in the side and rear yards: a. Fences shall not exceed six feet (6') in height in the side and rear setbacks. If there is a grade difference between two properties, the common fence must be no higher than six feet (6') above the highest grade measured within five feet of the common boundary line. (See below) .x •-Fenn. 5'upslopt G�mrnnr1 Boundary Line b. Only one fence shall be allowed in the side setback, including the fence delineating the boundary of the side yard. Only one fence shall be allowed in the rear setback, including the fence delineating the boundary of the rear yard, except as noted in D(5). 10. All fences within the required rear yard of alley accessed properties shall comply with the fencing standards in accord with subsection 11-3A-7(B)(9). Fences shall be set back a minimum of five feet (5')from the alley(measured from property line). 11. Additional height shall be allowed for arbors, arches and/or other architectural appurtenances that are coterminous with gates and/or other fence openings. Such appurtenances shall not exceed five feet (5) in width and/or eight feet (8') in height. 12. The Director may consider deviations from the fence requirements through the alternative compliance provisions as set forth in Section 11-513-5 of this title. FIGURE 1 FENCE REGULATIONS E.G.,5 112"picket .� E.G.,S 1(2"spacing n n n n n 6'Semiprivate 6'Open Vision 2'Open Vision 4'Closed Vision FIGURE 2 FRONT YARD FENCE , 6'maximum at front setback / 3'maximum closopeed vision equired front yardvis,on in FIGURE 3: FENCE REGULATIONS ON CORNER PROPERTIES 6'maximum at front setback 3 maximum closed vision 4'maximum open vision in 45'angle /' required front yard Utility boxes and meters must lofeer m property line be outside of fence enclosure 6 feet maximum Property line