23.304.080 Fences.
A. Permits Required. Table 23.304-8 shows permits required for fences in all districts.
All Districts Except ES-R |
|
6 ft. in height or less | None required |
More than 6 ft in height and on lot line or within required lot line setbacks for main building | AUP |
ES-R District |
|
4 ft. in height or less | None required |
More than 4 ft. in height and on lot line or within required lot line setbacks for main building | AUP [1] |
Notes:
[1]Requires Fire Department review and comment.
B. Height Measurement. The height of a fence is measured as the vertical distance from the lowest existing grade point within a 3-foot radius of any point of the structure to the highest point of the structure.
C. Prohibited Materials in Residential Districts.
1. A fence in a Residential District may not contain strands of barbed or razor wire, sharp or jagged glass, sharp or jagged metal components (e.g., razor-spikes), or similar materials.
2. Prohibited fence materials on an existing fence may not be expanded or repaired. Table 23.304-9 shows the date by which existing non-conforming prohibited fence materials must be removed.
$1,500 or less | October 16, 2004 or within one year from the date such feature became non-conforming, whichever date is earlier |
More than $1,500 | October 16, 2005 or within one year from the date such feature became non-conforming, whichever date is earlier |
3. For purposes of this section, the adjusted market value of the existing non-conforming prohibited fence feature is calculated as follows:
(a) The “original cost” of the fence feature is the likely cost of substantially similar fence features at the time the fence feature was initially installed plus the likely costs of installation at that time.
(b) The “original cost” is reduced by 10 percent for each year since the fence feature was installed, until the year that this section became effective. This reduced cost is considered the “adjusted market value.”
4. If a property owner shows that the period of time in Table 23.304-9 is unreasonable as applied to a particular fence feature, the City may extend the period within which removal of such feature is required, after weighing the harm to the public interest from continued maintenance of the fence and other relevant factors. Any such determination will be made in the course of the proceedings to abate pursuant to Municipal Code Chapter 1.24 (Abatement of Nuisances).
D. Barbed or Razor Wire in Non-Residential Districts.
1. A fence adjacent to a street, sidewalk, path, or other public right-of-way in a Non-Residential District may have strands of barbed or razor wire if:
(a) The lowest strand is more than 5 feet above the ground; and
(b) The strands are at least 6 inches inside the property line of a privately-owned lot.
2. A fence on a lot line that abuts a Residential District must comply with 23.304.080.C–Fences (Prohibited Materials in Residential Districts).
E. MU-R District.
1. Abutting Residential Uses.
(a) If the side or rear of a lot in the MU-R district with a residential use abuts another lot with a residential use, a fence over six feet in height must be setback at least either:
i. Eight feet from any main residential building on the abutting lot; or
ii. Four feet from the property line if the main residential building on the abutting lot is less than 4 feet from the abutting lot line.
(b) This requirement does not apply when two lots sharing the lot line are under the same ownership.
2. Manufacturing/Residential Buffers.
(a) If a development project in the MU-R district results in a lot with a manufacturing use abutting the side or rear of a lot with a residential use, an 8-foot minimum fence with sound absorbent material is required between the manufacturing and residential uses.
(b) The Zoning Officer may approve an AUP to allow for an alternative method to provide a buffer between the manufacturing and residential uses. (Ord. 7787-NS § 2 (Exh. A), 2021)