§ 3-053. Fence, wall, or retaining wall.

(a)

Definitions.

Fence: An enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth. This does not include barbed wire and chain-link, which are separately defined.

Fence, barbed wire: One or more strands of wire or other material having intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals, including vertical supports.

Fence, chain-link: An open mesh fence made entirely of wire woven in squares of approximately one and one-half inches with vertical supports, usually spaced at an interval of six feet, usually at a height of three or more feet.

Retaining wall: A structural wall formed for the purpose of holding back (retaining) earthen soils to prevent sliding or erosion.

(b)

Location limits.

1.

Setback. Fences, walls, or retaining walls are not subject to setbacks for buildings or accessory structures unless specifically provided otherwise in this UDC.

2.

Rights-of-ways. Fences, walls, or retaining walls shall not be located within any public right-of-way.

3.

Easements. Fences, walls, or retaining walls shall not be constructed over utility easements without the specific permission of the utility provider and the approval of the public development director.

4.

Gates. When gates for vehicular access are required or proposed, said gates shall not be located closer than 25 feet of a public street or road right-of-way.

5.

Sight visibility triangle. Fences, walls, or retaining walls shall not be permitted to obstruct vision within sight visibility triangles at the intersections of public rights-of-ways and streets with driveways.

(c)

Height limits.

1.

Generally. No fence or wall (except for retaining walls and safety barriers) shall exceed ten feet in a commercial or industrial zoning district, or eight feet in height in any other zoning district, unless specifically approved by the public development director for a tennis court or other recreation facility, subdivision entrance monument, utility installation, public use, or where required to meet screening or safety requirements imposed by this UDC.

2.

Residential front yard. No fence or freestanding wall constructed in a front yard of a residential lot within a residential zoning district shall exceed four feet in height.

(d)

Composition.

1.

Approved materials. Fences and walls shall be composed of permanent materials approved by the public development director. Brick, stone, rock, wood, and decorative concrete block shall be permitted unless otherwise specified in this UDC. Vinyl and certain types of metal (e.g., wrought iron, aluminum, chain-link, and wire) may be authorized. Walls may be comprised of unfinished concrete block but shall be finished with brick, stone, stucco, or other material approved by the public development director.

2.

Materials prohibited. Fences or walls shall not be composed of plywood, particle board, paper, plastic, plastic tarp, tires, pallets, recycled or discarded materials, or any other cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence or wall.

3.

Razor wire. Razor wire shall not be used unless specifically approved by the public development director based on documented security needs and shall be limited to the General Industrial (GI) and Heavy Industrial (HI) zoning districts unless for a public use.

4.

Barbed wire fences. Fences comprised of three or more strands of barbed wire are authorized within all agricultural zoning districts. Barbed wire top strands are permitted above chain-link fencing in commercial and industrial zoning districts.

5.

Chain-link. When chain-link fencing for an institutional, commercial, or industrial establishment is authorized to be placed in a front yard or is placed in a side yard visible from the public right-of-way, the chain-link fence shall be vinyl coated. Chain-link fences with interwoven vinyl or metal inserts shall not be an acceptable form of screening and shall not be used without specific approval of the public development director.

6.

Screen fences. When a fence is required by this UDC for screening, the decorative side of the fence shall face the exterior property line.

(e)

Specific fencing or wall requirements.

1.

Trash or dumpster enclosures. Walls and fences forming trash enclosures shall be constructed of sturdy, durable, opaque materials (with trash receptacles screened from view) which are similar to or designed to be compatible with architectural materials used for the principal building on the site it serves.

2.

Retaining walls visible from public right-of-way. When retaining walls are required and will be visible from a public right-of-way, the public development director may limit the height of said retaining wall during the process of reviewing and approving development and grading plans. In addition, the public development director may require that any retaining wall of 100 feet or longer to minimize visual monotony through changes in plane, height, material, or material texture, or through significant landscape massing.

3.

Subdivision or project entrance monuments. All fences or walls comprising a subdivision of project entrance monument shall require plans prepared by a registered landscape architect and are subject to the approval of the public development department. During the approval process, the department may require fences or walls to incorporate columns or pillars extending at least six inches horizontally and a height at least as high as the height of the fence or wall, every 50 feet of fence or wall length, or to articulate the surface plane wall by incorporating plane projections or recesses having a depth of at least one foot and extending a horizontal distance of at least three feet and less than 20 feet. This articulation requirement shall not apply to a fence or wall constructed of brick, masonry, or metal fencing that consists of at least 50 percent open voids.

(f)

Retaining walls. Retaining walls, where required, shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift.

1.

Approved materials. Materials used in the design of retaining walls shall be limited to: six inches by six inches or larger treated lumber, precast concrete stone or block, concrete masonry block, or solid poured concrete.

2.

Engineered design. Retaining walls greater than four feet in height are required to be designed by a professional engineer.

3.

Guards. Guards are required along open sided surfaces of retaining walls that are located more than 30 inches measured vertically to the grade below at any point within 36 inches horizontally to the edge or the open side.

4.

Height. Required guards shall not be less than 36 inches measured vertically above the adjacent open sided surface.

5.

Opening limitations. Required guards shall not have an opening from the open sided surface to the required guard height which allows the passage of a sphere four inches in diameter.

6.

Live load. The minimum uniformly distributed live load of required guards shall not exceed 200 pounds per square foot of applied pressure.

(g)

Exemption for temporary fencing. The requirements of this section shall not apply to temporary fencing erected around or within a lot or development site during construction, such as silt fences, and tree protection fences, and other erected under order of the building inspector or public development director; provided, however, that all such temporary fencing shall be removed upon completion of construction.

(h)

Foundation approval and permit. A fence or wall that requires an engineered foundation according to the building code shall require a permit to be approved and issued by the building inspector prior to erection of the fence or wall.

(i)

Maintenance. Fences and walls shall be maintained, repaired if damaged, and replaced if severely damaged or destroyed.

(Ord. No. 17-003 , § 1, 10-2-2017)