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The following standards apply to new development of fences, hedges and walls:

A. Required Setbacks. A fence, hedge, wall, column, pier, post, or any similar structure or any combination of such structures is permitted in the required setback if it meets the following conditions:

1. All property lines are located in order to determine that no fence, hedge, or wall extends beyond or across a property line. A fence, hedge, or wall may cross a property line if an agreement with the abutting property owner is obtained;

2. Reserved;

3. Any fence, hedge or wall placed within ten feet of a driveway may not exceed three feet in height if a sight-obscuring solid material is used, such as wood, vinyl, etc.; and four feet if nonobscuring open materials are used, such as wrought iron, picket with gaps no less than width of slat, etc., for the first ten feet behind the sidewalk; and

4. No barbed wire or other sharp, pointed, or electrically charged fence may be erected or maintained, except a temporary fence on a construction site to protect the property during the period of construction may be topped with barbed wire where the barbed wire is not less than eight feet above the ground and does not extend more than two feet above the temporary fence.

5. All fences shall be constructed of quality materials that are specifically manufactured for fencing and shall not be constructed with any material that was originally made for other intentions. Unless specifically being used for a bona fide agricultural use, perimeter fencing within a residential area shall not be constructed from any material that was manufactured for an agricultural use such as chicken wire, deer fencing, hog wire, wire strands, T-stakes, or grape stakes.

6. All fences shall be maintained in a good condition by the property owner including compliance with the following standards:

a. The fence must be free of damage, breaks or missing components or parts.

b. Areas of the fence that are leaning more than twenty degrees from vertical, buckling, sagging or deteriorating must be repaired or replaced with materials and color similar to its original construction.

c. All metal style fences shall be treated in a manner to prevent rust.

d. Plant materials growing on fences within clear view areas, i.e., within ten feet of a driveway near a sidewalk (see required setbacks above) or within the clear view triangle area, shall be maintained at a maximum height of three feet.

B. Height. No fence or wall may exceed seven feet in height, four feet in height in the front yard setback, nor three feet in the clear view triangle, measured as follows:

1. In a required yard abutting a street, the total effective height above the finished grade measured on the side nearest the street;

2. In any other required yard, the total effective height above the finished grade measured on the side nearest the abutting property;

3. On a property line, measured from the finished grade of either side when the abutting property owners are in agreement;

4. A temporary fence on a construction site may be as high as required to protect the property during the period of construction;

5. Fencing up to eight feet in height may be allowed in the side(s) or rear yard provided one of the following requirements are met:

a. The side(s) or rear property is adjacent to a freeway system or arterial or collector roadway.

b. Buffering between commercial/industrial uses and residential uses or between single family and multifamily residential uses.

c. Demonstration of safety and/or security matters.

Fencing eight feet in height shall comply with the following conditions:

i. The proposed fence shall be reasonably compatible with respect to height from adjacent fences and shall transition consistently from one segment of fence to another.

ii. The proposed fence shall be reasonably compatible with respect to materials from adjacent fences and shall propose materials and colors that are consistent and similar.

iii. A building permit shall be obtained from the city and construction of fences and retaining walls must meet applicable requirements of the building codes; and

6. Corner lots may have a fence up to seven feet in height, enclosing the yard area opposite one of the side yards and along the street frontage, provided the fence does not extend into the remaining required front yard setback. Any fence, hedge, or wall placed within ten feet of a driveway may not exceed three feet in height for sight-obscuring solid material or four feet in height for nonobscuring open materials for the first ten feet behind the sidewalk.

C. Athletic Facilities. Fencing around athletic facilities, including, without limitation, tennis courts, may be fourteen feet in height so long as all portions above six feet in height are constructed with at least fifty percent non-opaque materials.

D. Nonconforming Fences/Conformance with This Section. No person shall construct a new or alter an existing fence, hedge, wall, column, pier, post, or any similar structure or any combination of such structures except in conformance with all of the requirements of this section. For purposes of this subsection, an altered fence is defined as replacing or changing more than sixty percent of the linear feet of an existing fence located in the front yard, replacing or changing more than sixty percent of the linear feet of an existing fence located in the back yard, or increasing the height of an existing fence. (Ord. 2022-03A § 1 (Att. A); Ord. 2016-15 § 1 (Att. A (part)); Ord. 2011-03 § 1 (Att. A (part)); Ord. 11-13-2001 § 2 (part). Formerly 17-7-1.6)