§ 17.40.180. Walls and Fences

All proposed walls and fences, including those located within a specific plan area, shall comply with the requirements of this Section. Requirements for walls for screening purposes are in Section 17.40.140 (Screening).

A.

Wall and fence height measurement.  

1.

Measured from existing grade. The height of all walls and fences shall be measured from the existing grade as it existed on March 2, 2009. The height of all walls and fences shall be measured from the existing grade to the top of the wall or fence in order to prevent the artificial raising of the grade in order to allow for a higher wall or fence. Where the existing grade changes (i.e., for a driveway) the fence height shall change with the grade.

2.

Measured in a continuum. The height shall be measured in a continuum at each point along the wall or fence.

B.

Height limits for walls and fences.  

1.

Walls and fences adjacent to intersections. All walls and fences adjacent to a street intersection shall comply with the requirements of Municipal Code Chapter 12.12.

2.

RS and RM-12 zoning districts. The maximum height of a wall or fence within the RS or RM-12 zoning districts shall be as follows and as illustrated by Figure 4-11 (Fence Height Limits in the RS and RM-12 Zoning Districts) below.

a.

Abutting OS or PS zoning district — six feet. In interior side or rear setbacks abutting property in a OS or PS zoning district or abutting property with a residential use, the maximum wall or fence height shall be six feet.

b.

Abutting commercial or industrial zoning district — eight feet. In interior side or rear setbacks abutting property in a commercial or industrial zoning district with a nonresidential use, the maximum wall or fence height shall be eight feet along the property line separating the residential district from the commercial or industrial district.

c.

Front setback — four feet. Between the front property line and the occupancy frontage, the maximum wall or fence height shall be four feet. Walls and fences in the front setback shall be at least 50 percent open and any concrete block materials shall have a finished stucco appearance. Fences shall be set back a minimum of 18 inches from the front property line.

d.

Corner and rear yard areas. Walls and fences in corner and rear yard setback areas shall be allowed as follows:

(1)

Rear setback. The maximum height shall be six feet between the rear building line and the rear property line, provided the wall or fence is located a minimum distance of five feet from the street property line.

(a)

Where there are multiple rear building lines:

i.

The "rear building line" shall be the corner of the dwelling that is closest to the street property line; and

ii.

The corner of the dwelling that is closest to the street property line shall have a rear building line that is a minimum of 15 feet in length.

(b)

If there is an offset of less than 15 feet in length, the rear building line shall be the corner of the dwelling closest to the rear property line.

(2)

Within five feet of street property line. The maximum height within five feet of a street property line or between the occupancy frontage and the rear building line shall not exceed four feet.

(3)

Visibility at edge of driveway. The maximum height shall be 30 inches within a triangular area extending at an angle of 45 degrees from the street property line to a point on the edge of the driveway 10 feet from the street property line.

Notwithstanding these provisions, the maximum height of a wall or fence in a corner setback shall be six feet and may be located at the street property line, provided the wall or fence is located beyond the front building line of the main structure and a commercial or industrial zoning district is located on the opposite side of the street adjacent to the corner setback.

Figure 4-11 - Fence Height Limits in the RS and RM-12 Zoning Districts

e.

Double frontage lots. On double frontage lots, the Zoning Administrator shall determine the rear setback for the purposes of wall or fence height, and the maximum height of the rear wall or fence shall be six feet; provided, the wall or fence is located a minimum distance of 25 feet measured perpendicular to the rear street property line. The maximum height of a wall or fence in the rear setback within 25 feet of a street property line shall not exceed four feet.

f.

Flag lots. On flag lots, the maximum front yard wall or fence height may be six feet, provided the front yard of the flag lot is abutting interior side or rear yards on all sides.

g.

Spikes on walls and fences. Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height.

h.

Private streets or easements. Fences, gates or walls shall not be constructed within or across private or public streets or easements that serve more than one property.

i.

Prohibited materials. Barbed wire, concertino wire and razor wire shall not be allowed.

3.

Multi-family projects (City of Gardens standards). Walls and fences may be located along property lines or in setbacks in compliance with the following.

a.

The height of a wall or fence along the rear property line or rear yard shall not exceed 10 feet excluding any corner side yard setback.

b.

The height of a wall or fence along the side property lines shall not exceed 10 feet for the rear 50 percent of the site and shall not exceed six feet for the remainder of the site, excluding the front or corner side yard setback.

c.

Between the front property line and the occupancy frontage, the height of a wall or fence in a front yard or corner yard shall not exceed four feet if it is 50 percent open and two feet if the wall or fences is solid. The wall or fence height shall be measured from existing grade and shall be setback 18 inches from the front property line.

d.

The height of a wall or fence separating the main garden from other garden space on the same or an adjacent lot shall meet the same requirements as a wall or fence in the front yard. See Subparagraph 3 above.

e.

The height of a wall or fence separating the main garden from a residential building on an adjoining lot with entrances close to the common property line shall meet the same requirements as a wall or fence in the front yard. See Subparagraph 3 above.

f.

The height of an interior wall or fence bordering an individual patio area shall not exceed six feet. It is encouraged to be less and to allow at least 50 percent visibility.

g.

The height of a wall or fence screening a driveway shall not exceed six feet.

h.

The height of a wall or fence screening a parking area shall be at least six feet but shall not exceed 10 feet.

4.

Nonresidential zoning districts. The maximum height of a wall or fence within the commercial and industrial zoning districts, including the CD, shall be as follows.

a.

Nonresidential projects.  

(1)

Front and corner side setbacks.  

(a)

The maximum height of a wall or fence along a street frontage shall be four feet when the wall or fence is located in front of a structure.

(b)

A wall or fence not located in front of a structure, but along a street frontage (e.g., located in front of a parking lot), shall not exceed a maximum height of six feet.

(2)

Interior side and rear setbacks.  

(a)

The maximum height of a wall or fence shall be eight feet.

(b)

The height of the wall or fence shall step down to four feet when located within five feet of the street property line(s).

(3)

When abutting a residential zoning district. The minimum height of a wall located within five feet of a street property line(s) shall be equivalent to the maximum height for a solid wall or fence in the development standards of the abutting residential zoning district.

(4)

Design standards for walls and fences.  

(a)

Walls and fences abutting a residential zoning district shall be constructed only from brick, concrete, or masonry.

(b)

Barbed wire, concertina wire, and razor wire shall not be allowed.

(c)

The wall or fence shall be a minimum of 50 percent open, except when a solid masonry wall is required to screen outdoor storage areas in compliance with Section 17.50.180.

(d)

Chain-link fences shall not be allowed along street frontages, but may be allowed in rear and interior side yards.

(e)

Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height.

b.

Residential projects.  

(1)

RS or RM-12 zoning district standards. Projects subject to the development standards of the RS or RM-12 zoning districts shall meet the wall and fence requirements of those zoning districts.

(2)

RM-16, RM-32, or RM-48 zoning district standards. Projects subject to the development standards of the RM-16, RM-32, or RM-48 zoning districts shall meet the wall and fence requirements of those zoning districts.

c.

All new projects abutting a residential zoning district. Required setbacks abutting residential zoning districts shall be enclosed by a solid concrete or masonry wall at least seven feet in height.

(Ord. 7169, § 13, 2009; Ord. 7160 § 27, 2009; Ord. 7099 § 26, 2007; Ord. 7057 § 15, (a, b) 2006; Ord. 7009 § 18, 2005)