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27.84 Fences, Trees and Hedges

 

 

                                                         Chapter 27.84

 

                                         FENCES, TREES AND HEDGES

 

 

Sections:

     27.84.010   Fences -- Height limitation.

     27.84.015   Fences -- Height measurement on sloping lots.

     27.84.020   Exceptions.

     27.84.025   Existing fences.

     27.84.030   Fences or walls required for commercial or manufacturing districts abutting residential districts.

     27.84.040   Fences or hedge -- branch extension.

     27.84.050   Hedge or tree -- site obstruction.

 

 

     27.84.010   FENCES -- HEIGHT LIMITATION.  No fence, wall or similar structure exceeding six (6) feet in height shall be erected, constructed or maintained on a property line or within a required yard area as defined in Title 27, except in the following instances:

     (a)  Street Yards.  The maximum height within a front yard or street side yard, as defined in Title 27, shall be three (3) feet, except that:

          (1)  Fence or wall posts not more than 12 inches wide may be 42 inches (3-1/2 feet) tall, and

          (2)  Entry structures, such as trellises, over pedestrian gates may be eight (8) feet tall and not more than five (5) feet wide.

     (b)  Street Intersections and Driveways.  The maximum height of fences and hedges near street intersections and driveways shall be limited to three (3) feet when located:

          (1)  Within the triangular area of private property formed by the extension of intersection curb lines, or pavement edge where no curb exists, and the diagonal line connecting the point on each of the two streets at a distance of forty-five (45) feet back from the intersection, as illustrated hereafter, or

          (2)  Within the triangular area of private property formed by lines ten (10) feet in length from the point of intersection of the edge of driveways on the subject property or adjacent properties and the edge of the sidewalk closest to the private property, as illustrated hereafter.

     (c)  Side and Rear Property Line Fences.  The maximum height along interior side or rear property line outside of required front or street side yards shall be eight (8) feet provided that:

          (1)  A building permit, applied for by all property owners abutting the property line fence, is issued pursuant to Title 23, and

          (2)  Fifty (50%) percent of the fence above six (6) feet in height shall be open.

     Provisions (1) and (2) above shall not apply for single-family properties which are adjacent to a multi-family, commercial or industrial use, although a building permit pursuant to Title 23 shall be required.  (Ord. 1993-15 § 1, 1993; Ord. 1993-9 § 1 (part), 1993; Ord. 1992-16 § 19 (part), 1992).

 

     27.84.015   FENCES -- HEIGHT MEASUREMENT ON SLOPING LOTS.  For the purposes of this title, where the elevation between two adjacent lots is different, the measurement of fence or wall height is taken from ground level of the upper lot to the top of the fence, wall or post.  (Ord. 1993-9 § 1 (part), 1993).

 

     27.84.020   EXCEPTIONS.  The Zoning Administrator may grant an exception to the height and location requirements for fences through submittal of a planning application as set forth in Chapter 27.08 of this title.  The Zoning Administrator may approve or conditionally approve the exception if all of the following conditions apply:

     (a)  The fence or wall height, location, design and landscaping are in scale and harmonious with the character of the neighborhood;

     (b)  Granting of the exception will not be materially detrimental to the public health, safety or welfare or materially injurious to other property or improvements in the neighborhood in which the property is located, and shall not limit visibility of pedestrians, bicyclists, or motorists from streets, alleys or driveways; and

     (c)  Granting of the exception will not adversely affect or be inconsistent with the general plan.  (Ord. 1993-9 § 1 (part), 1993; Ord. 1992-16 § 19 (part), 1992).

 

     27.84.025   EXISTING FENCES.  A fence, wall, or similar structure which has been constructed prior to June 7, 1993 shall be permitted without the need for permit approvals otherwise required by this Municipal Code, including permits under Title 27 and Title 23.  Nothing herein shall be construed to authorize a fence, wall, or similar structure in violation of Section 27.84.010(b) or in violation of the City's nuisance laws if the City determines that a nuisance exists (excepting therefrom a nuisance based on the failure to obtain permit approvals).  (Ord. 1993-9 § 1 (part), 1993).

 

     27.84.030   FENCES OR WALLS REQUIRED FOR COMMERCIAL OR MANUFACTURING DISTRICTS ABUTTING RESIDENTIAL DISTRICTS.  A solid wall or solid fence at least six (6) feet in height shall be constructed along or within ten (10) feet of the parcel line or zone boundary lines to separate manufacturing and commercial districts and/or uses from abutting residential districts as follows:

     (1)  Zone boundaries which coincide with rear parcel lines and which are not on a street shall be the location of the wall or fence;

     (2)  Zone boundaries which coincide with side parcel lines shall be the location for the wall;

     (3)  Zone boundaries on streets shall require the wall to be set back ten (10) feet from the parcel line of the nonresidential use and the area between the wall and the parcel line shall be landscaped and maintained; and

     (4)  Zone boundaries on an alley shall require the wall on the parcel line along the alley;

     (5)  This chapter shall not be deemed to set aside or reduce the requirements established for security fencing by either local, state, or federal law; and

     (6)  The Zoning Administrator may permit non-solid fences and fences to be located within fifteen (15) feet of a parcel line if it is found that it improves architectural compatibility with the surrounding area, or improves security surveillance.  (Ord. 1995-8 § 13, 1995; Ord. 1992-16 § 19 (part), 1992).

 

     27.84.040   FENCE OR HEDGE -- BRANCH EXTENSION.  No person shall permit branches or trees or shrubs to extend within eight (8) feet from the ground over any portion of the sidewalk or within twelve (12) feet from the ground over any portion of a residential street abutting the property on which the tree is growing, or within fourteen (14) feet on streets designated as truck routes, except that portion within three (3) feet from the curb line of any of the foregoing.  (Ord. 1992-16 § 19 (part), 1992).

 

     27.84.050   HEDGE OR TREE -- SITE OBSTRUCTION.  No person shall maintain hedges or other growth of like nature, of a height greater than three (3) feet, or maintain growth of a mature tree lower than seven (7) feet:

     (a)  Within the triangular area of private property formed by the intersection right-of-way lines of two streets as described in the illustrations below; or

     (b)  Within the building setback line area of private property adjacent to any street or alley which by its nature and location constitutes an actual vehicular or pedestrian sight obstruction as determined by the Public Works Director; or

     (c)  Within any street or alley right-of-way.

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(Ord. 2009-7 § 44, 2009; Ord. 1992-16 § 19 (part), 1992).

 


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