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This section sets standards for new fences and retaining walls, including maximum allowable height and materials, to promote security, personal safety, and privacy. The following standards apply to all fences and retaining walls:

A. The City may require installation of fences and retaining walls as a condition of development approval.

B. All fences and retaining walls, regardless of district or location, shall comply with the following requirements:

1. The allowable height must be measured from the lowest grade at the base of the fence or retaining wall unless stated otherwise. Posts, trellises, lattice and any other material placed on top of the fence is considered to be part of the fence when measuring the overall height. As illustrated in Figure 3.2.500.A, when a fence is placed atop a retaining wall, the height of the fence is determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade.

Figure 3.2.500.A. 

2. Fences to be built as required buffers shall comply with BDC 3.2.300.

3. Fences and retaining walls shall comply with the clear vision area standards of BDC 3.1.500.

4. Retaining walls may require a building permit and/or approved engineered plans.

5. Fences over seven feet in height require a building permit and/or approved engineered plans.

6. Fences and retaining walls may be placed on property lines.

C. Fences.

1. Residential Districts.

a. Fences located in the front setback must not exceed three and one-half feet in height. For front setbacks, see BDC 2.1.300.

b. Exceptions.

i. On corner lots, as illustrated in Figure 3.2.500.B, only one front setback area restriction applies relative to the three and one-half feet fence height restriction. The fence along the nonfront designated area must not exceed six feet in height from the area subject to the front setback to the rear property line.

ii. On through lots the three and one-half feet fence height restriction only applies to the front setback which includes the front entrance to the dwelling unit. The fence along the nonfront designated area must not exceed six feet in height.

iii. Decorative arbors, gates, and similar features must not exceed six feet in length.

iv. Fences located in the front setback must not exceed four feet in height for child care facilities and registered or certified family child care homes.

Figure 3.2.500.B – Fence Example

c. Fences must not exceed six feet in height in the side and rear setbacks. If there is a grade difference between two sites which would make a six-foot-high fence inadequate to provide for privacy, such fence must be no higher than six feet above the highest grade within five feet of the common boundary line, as illustrated in Figure 3.2.500.C.

Figure 3.2.500.C. 

d. Barbed wire and razor wire fencing is prohibited.

2. In all other districts fences shall not exceed eight feet in height.

3. The following fences are exempt from these standards, except for the requirement to comply with the clear vision area standards in BDC 3.1.500 and any applicable building code requirements:

a. Any security fencing around a public or quasi-public utility facility.

b. Fences related to a park or approved recreational facility or a school athletic use including (but not necessarily limited to) tennis courts, driving ranges and ball fields.

c. Any fence exempted under subsections (C)(3)(a) and (b) of this section that is in excess of 20 feet in height requires a Conditional Use Permit.

D. Retaining Walls.

1. The maximum allowable height of retaining walls is six feet, with the following exceptions:

a. Retaining walls and terraced walls may exceed six feet when permitted as part of a Site Plan Review or land division approval. [Ord. NS-2389, 2020; Ord. NS-2353, 2019; Ord. NS-2303, 2018; Ord. NS-2251, 2015; Ord. NS-2016, 2006]