§ 16-271. Fences, hedges and gates.

(a)

Height. Solid or open fences or hedges shall not exceed six feet in height, with the exception of:

(1)

Front yard. Solid fences shall not exceed three feet in height and open fences or hedges shall not exceed four feet in height, or five feet in height in the R-A district.

(2)

Side and rear yards on reverse corner lots. Solid fences not exceeding three feet in height or open fences or hedges shall not exceed six feet in height in any district, are permitted in the required side yard area and within a projection of the same width through the rear yard to the rear property line in those side and rear yard areas adjacent to a street. These limitations are subject to the additional requirements of subsection (c) of this section.

(3)

Commercial, industrial and R&D districts. Fences or walls not exceeding eight feet in height may be permitted in any of these commercial, industrial and R&D districts but not within required front yards.

(4)

Double frontage lots. Fences, hedges or walls on double frontage lots are limited in section 16-272.

(5)

Mixed-Use and Downtown districts. Fences, hedges or walls in mixed-use or downtown districts shall not exceed eight feet in height and shall be further limited by subsection (c) of this section.

(b)

Gates. Gates shall not be constructed so as to obstruct the public right-of-way or to obstruct the view of vehicular or pedestrian traffic as set forth in subsection (c) of this section. Gates shall not exceed 12 feet in height, except in the R-A and R-E zoning districts where structural support members of any gate shall not exceed 20 feet in height in any yard. The structural support of any gate not exceeding 20 feet in height in the R-A district is permitted.

(c)

Sight obstruction.

(1)

It shall be the sole duty and responsibility of the owner or occupant of any corner lot to ensure that unobstructed vision for traffic safety is maintained on all corner lots such that there shall be located no structure, fence, wall, hedge, natural growth, sign or other object which materially impairs vision within an area bounded by the lot lines and a line joining points along each lot line 30 feet from their point of intersection with each other and the extension of the line into the unpaved area of the adjacent right-of-way, between a height of three feet and seven feet or more above the adjacent curb level, except as provided for in subsection (c)(3) of this section.

(2)

Whenever any owner or occupant suffers or permits the existence of a sight obstruction, the community development director, upon complaint or his own initiative, shall give notice in writing to the owner or occupant of the existence of the sight obstruction and of the owner's responsibility within 30 days of receipt of such notice to remove the sight obstruction or to show cause in writing to the community development director why such obstruction should not be removed. Such notice shall be served to the property owner or occupant either personally or by certified mail. The owner's or occupant's failure to remove the sight obstruction or to show cause within the time specified shall be deemed to be:

a.

An admission of the existence of the sight obstruction; and

b.

A consent for the county to enter the property and remove the sight obstruction.

In so entering, the county may, in its discretion, use its own personnel or may contract with third parties for the removal of the sight obstruction. All removal costs shall be charged to the property owner; the full amount shall be payable by the property owner and shall constitute a lien in favor of the county against such property.

(3)

The requirements of subsection (c)(1) and (c)(2) of this section shall not apply to:

a.

Legal nonconforming structures;

b.

Public utility poles;

c.

Vegetation, so long as it is not planted in the form of a hedge and is trimmed to the trunk to a height of at least seven feet or more above the adjacent curb level;

d.

Official traffic-control signs and signals; and

e.

Existing ground contours penetrating above the three-foot height limitation.

(4)

The requirements of subsections (c)(1)—(c)(3) of this section are declared to be the minimum and in no way prohibit the county engineer or county traffic engineer from applying more restrictive height and location standards where such action is warranted in consideration of the health, safety, and general welfare of the community.

(5)

Any structure, fence, wall, hedge, natural growth, tree, sign or other object erected, placed or allowed to remain in place which does not comply with the requirements of subsections (c)(1)—(c)(4) of this section is a sight obstruction.

(d)

Grade level differences. Where there is a difference in grade level between two properties, the permitted height of any fence within five feet of the common lot line shall be computed from the average grade level within that ten-foot distance, but in no case shall the fence height be limited to less than 42 inches.

(e)

Barbed wire prohibited; exceptions. Barbed wire fences are prohibited, except as follows:

(1)

In the R-A district, in the rear yard but not on lot lines, abutting equestrian trails, public rights-of-way or county-owned lands;

(2)

In all zoning districts where needed for security or safety purposes, barbed wire is permitted to be added to fences above six feet. Barbed wire fences are not permitted on residential lots except as allowed for lots in the R-A district.

(f)

Finished side of fences. The finished side of the fence shall front or face the right-of-way or adjacent property.

(g)

Permit required for fences and walls. A fence/wall permit is required prior to commencing construction of any fence or wall as required by the provisions of section 16-51(3)b.

(Ord. No. 85-210, § 3, 1994; Code 1985, § 17.40.010; Ord. No. 02-231, § 3, 7-26-2013; Ord. No. 02-273, § 4, 5-16-2017)