17.48.050 Fences, hedges and walls.

    A.  A fence, hedge, or wall shall not exceed six feet in height in any side or rear yard in any residential zone. Except that any property adjacent to an alley, commercially zoned property, inclusive of parking lots, railroad right-of-way and properties zoned I (“Institutional”) or O (“Open Space”) may have a fence not to exceed eight feet in height. Any fence exceeding six feet in height may not be constructed without a building permit. The maximum height of a solid view obscuring fence, hedge or wall located in the required front yard setback is thirty inches. Other than described in the next sentence, a fence, hedge or wall up to forty-eight inches in height is allowed within the front yard setback provided that portion over thirty inches is see-through, as defined herein, except for those fences permitted by subsection (C)(2) of this section. Fences within the front yards of properties that are on the end of a cul-du-sac with no sidewalk may have a fence, hedge or wall up to five feet provided that the portion over thirty inches is see-through as defined herein.

    1.   As defined in this section, “see-through fence” means a fence whose design does not obscure sight through more than forty percent of the area in the vertical plane. The chart below shall determine the minimum distance between members. In the event that a member is between two measurements, the member width shall be rounded up to the greater measurement. Additionally, no vertical or horizontal member of a see-through fence shall exceed six inches in width.

    B.   All corner lots shall maintain for safety vision purposes a triangular area at the street intersection corner of the lot which triangle shall be formed by the front and side lot lines and a diagonal line drawn between two points located fifteen feet along the front and side lot lines from their point of intersection, or, in case of a rounded lot corner, from the point of intersection of the extension of such lot lines. Within such triangular area only see-through fences are permitted.

    C.   1.  The height of any fence, hedge or wall in any side or rear yard in any residential zone shall be measured at the highest natural grade within three feet of either side of the fence, hedge or wall. The fence, hedge or wall may vary in an amount not to exceed six inches to allow for variation in the topography.

    2.   The height of any fence, hedge or wall in any front yard setback of a residential zone shall be measured at the grade of the adjacent public sidewalk.

    Exceptions:

    a.   If the property has a retaining wall in excess of eighteen inches in height, the height of the fence, hedge or wall will be measured from the highest grade being retained against the wall (see Diagram 17.48.050(a)). For the purposes of this section, a “retaining wall” is defined as a wall that supports a grade level on one side that is different from the grade level of the public sidewalk, and the grade level being retained extends evenly, or increases in height, from the retaining wall to the finish grade of the residence. Raised planters or berms do not constitute a retaining wall.

    b.   If the elevation of the public sidewalk varies in elevation across the frontage of a property, the height of the fence may be measured from the highest elevation of the adjacent public sidewalk in order for the top of the fence, hedge or wall to be continuous (see Diagram 17.48.050(b)).

    D.  Fence Permits Required. Unless exempted pursuant to one of the exceptions listed below, a fence/wall permit must be obtained from the community development department, before any of the following: (1) the installation, construction or erection of a new fence or wall; (2) the replacement of an existing fence or wall; or (3) an addition to an existing fence or wall. Said permit shall require payment of a fee as established by a resolution adopted by the city council, as amended from time to time. A single fence permit may be issued to include all proposed fencing being installed or replaced on the property requiring a permit.

    Exceptions. No permit shall be required for:

    1.   A fence or wall located outside of a required residential zone setback area if the fence or wall will not be visible from a public right-of-way;

    2.   The repair or replacement of an existing fence or wall provided that all of the following conditions are met:

    a.   The fence or wall is in compliance with the height limit requirement for its location on the lot,

    b.   The repair or replacement of such fence or wall, within any twelve-month period, affects less than twenty-five percent of the straight line horizontal linear dimension of that segment of the fence or wall that is being repaired or replaced, and

    c.   The repair or replacement of such fence or wall utilizes the same materials and style as the existing fence;

    3.   Temporary construction site fencing which is required by Section 17.36.200 of this code, if a valid building permit for the subject property is on file with the city, for a period not to exceed one hundred eighty days or a shorter length of time designated by city staff after review of the type of construction at issue. The maintenance of temporary construction fencing for a period longer than the period authorized by the city is in violation of this section;

    4.   Fencing used to secure abandoned or damaged structures if such fencing has been approved or required by the city;

    5.   The replacement of an existing fence or wall that has been damaged or destroyed, through no fault of the owner/applicant, where the portion of the fence needing replacement or repair is less than fifty percent of the straight line horizontal linear dimension of the fence. For the purposes of this exception, “replacement” shall mean the installation of a fence or wall in place of a damaged or destroyed fence or wall or portion thereof. “Replacement” shall not mean the installation of a wall in place of a damaged or destroyed fence or the installation of a fence in place of a damaged or destroyed wall. In addition, this exception only applies when the replacement wall or fence, or portion thereof, is built using materials identical to the damaged or destroyed fence or wall.

    E.   Every fence permit issued under the provisions of this code shall expire, if the work authorized by such permit is not completed within one hundred eighty days from the date of issuance of such permit.

    F.   Prohibited Fences and Walls. Permits shall not be issued for walls or fences under the following circumstances:

    1.   A dangerous or hazardous fence or wall, as determined by the director, or designee.

    a.   No fence or wall shall contain strands of barbed or razor wire nor shall any fence or wall be constructed with any sharp or jagged glass, wood or metal, such as, but not limited to, spikes, nails, pallets, scrap lumber, plywood, corrugated metal or similar materials determined to be dangerous or hazardous by the director.

    b.   No fence or wall shall be designed to function as an electrified fence or wall.

    G.  Chain Link. All chain link fences shall have knuckled ends.

    H.  Maintenance Standard. All fences and walls shall be in good repair and regularly maintained to ensure continued structural integrity, to provide a neat appearance, and to preserve the aesthetic character of neighboring properties.

    I.    Nothing in this section is intended to alter the barrier or fence provisions governing swimming pools, spas or hot tubs.

    J.    Violation of Fencing Regulations. No person shall erect, construct or maintain any fence, wall, hedge or any structure in the nature of a fence or wall which does not meet the requirements of this section. A violation of this section shall be punishable as an infraction or misdemeanor at the discretion of the prosecuting attorney or may be abated in accordance with Chapter 8.24 of this code. (Ord. 1161-19 § 1; Ord. 1058-11 §§ 1—4; Ord. 960-06 § 28; Ord. 908-02 § 3; Ord. 783-95 §§ 1, 2; Ord. 595-88 § 3; prior code § 3-2-B-4.5)

(Ord. 908-02 § 4)