13.30.040 - Fences and walls.
A. Applicability. The requirements of this section apply to all fences and walls unless otherwise stated.
1. Fences and Walls in the Flood Hazard Areas. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) on file in the department shall require a building permit, and shall comply with all requirements of the town engineer in addition to the requirements of this section.
2. Exemptions. These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the town for reasons of public safety. Deer fencing is exempt from the height restrictions.
B. Height Limitations. Each fence, wall, hedge and berm otherwise allowed shall comply with the height limitations shown in Table 3-1. See also Figure 3-1. A fence or wall with a height greater than six feet and a length greater than fifty feet shall require design review in compliance with Section 13.62.040, except for open and wire fencing in the RA, RE, and RR zoning districts.
TABLE 3-1 - MAXIMUM HEIGHT OF FENCES AND WALLS
|
Location |
Maximum Height (1) |
|
Within front yard setback |
Berms, solid wall or fencing: 3 ft. for all districts |
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Open fencing (See subsection F of this section): 6 ft. anywhere within front setback in the RA, RE and RR districts; 3 ft. as required for solid fencing in all other districts. |
|
|
See also Section 13.30.050(E) (Height Limit at Street Corners). |
|
|
Within side and rear yard setbacks |
Solid wall or fencing: 6 ft. (2); berms shall not exceed 3 ft. |
|
Within street side setback |
Berms, solid wall or fencing: 6 ft. except RA, RE and RR where maximum height is 3 ft.(2). See also Section 13.30.050(E). Fencing exceeding a height of 4 ft. shall be set back a minimum of 3 ft. from back of sidewalk if sidewalk exists to allow for the planting of landscaping to mitigate the visual impact of the fence mass. |
|
Open fencing: 6 ft. anywhere within street side setback in the RA, RE and RR; 3 ft. as required for solid fencing in other districts. |
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|
At intersections of alleys, streets, and driveways within sight visibility areas. See 13.30.050(E) (Height Limit at Street Corners). |
3 ft. |
|
Outside of a required setback |
As determined by the height limit for structures within the applicable zoning district. |
|
Within a zone where no setback is required, and not adjacent to a street |
8 ft. |
Notes:
(1) Additional height may be authorized through design review approval (Section 13.62.040).
(2) See special provisions for entryways in Section 13.30.045.
(3) Fences and walls may be allowed up to eight feet in height when the portions of the fence above six feet are of an open design (e.g., lattice, wrought iron or grille work), provided that a building permit may be required.
C. Measurement of Heights.
1. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.
2. The height of fencing atop a wall shall be measured from the base of the wall.
3. In cases where elevation of the finished grade within six feet of the base of the fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the lowest natural grade; except that a safety fence with a height of forty-eight inches shall be allowed in all cases. See Figure 3-1.
4. Berm heights shall be measured as the vertical distance between the natural grade at the base prior to construction and the top edge of the berm.
Figure 3-1 - Fence Height Measurement
D. Specific Fencing and Wall Requirements.
1. Fencing Between Different Land Uses. Fencing between different land uses shall be provided in compliance with Section 13.30.100.
2. Swimming Pools, Spas and Similar Features. Swimming pools/spas and other similar water features shall be fenced in compliance with building code requirements, regardless of the other requirements of this section.
3. Outdoor Equipment, Storage, and Work Areas. Screening of nonresidential outdoor uses and equipment adjacent to a residential use shall be provided in compliance with Section 13.30.100.
4. Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. This fencing shall be approved by the director.
E. Prohibited Materials. The following fence materials are prohibited unless approved by the director for animal control, special security needs, or required by a town, state or federal law or regulation.
1. Barbed wire, or electrified fence, except within the RA, RE or RR zoning districts, and where authorized by the director within other zoning districts;
2. Razor wire in conjunction with a fence or wall, or by itself within any zoning district, except where authorized by the director in the IL zoning district.
F. Open Fence Design Requirements in the RA, RE and RR Districts. Support posts or columns for open fences, may not exceed six feet in height or twenty-four inches in width (excluding one and one-half inches of veneer) and are to be spaced no closer than eight feet on center. Obscured lights are allowed on each post (not directed to neighboring properties or interfering with drivers’ visibility.
G. Walls shall be textured (includes brick). (Ord. 239 § 1, 2008; Ord. 212 §§ 1—6, 2004; Ord. 205 § 1 (Exh. A), 2003)