Fillmore City Zoning Code

To provide for the correct placement and type of fences, promote orderly development of fences, and minimize conflict between property owners regarding fences, the City has enacted this chapter. (Ord. 24-01, 2-6-2024)

Fencing in all zones shall meet the general requirements in Table 10-18-2, as outlined for the respective zone. If a “P” is listed for the respective zone and fence type, that specific fence type is permitted, subject to the requirements of this chapter. If an “x” is listed, that specific fence type is not permitted.

 

1   Subject to other Title 10 standards and requirements, including overlay requirements

2   For any side that borders a public street

(Ord. 24-01, 2-6-2024)

   A.   Any fence or wall shall not be constructed within five (5) feet of a fire hydrant. If construction of a fence or wall requires a notch to accommodate a fire hydrant, the fence shall be installed at a forty-five (45) degree angle beginning at least three (3) feet from the hydrant and angling outward to avoid a ninety (90) degree corner on the fence or wall that may result in the kinking of a fire hose.

   B.   A fence or wall shall not restrict access to utility meters, electrical devices, and other utility facilities and adequate clearance to electrical utility boxes shall be provided. If fencing or walls restrict access, a cut-out of five (5) feet is required.

   C.   For any corner lot, any fence with a permitted height higher than that permitted in the clear vision requirement, shall be at least seventy (70) percent open within the clear vision area.

   D.   Fences or walls shall not be used for advertising except for athletic fences or one (1) sign to advertise the name and address of an onsite business.

   E.   Except for specific fence types listed in Fencing Table 10-18-2, fencing and wall material is limited to wood, chain link, vinyl, brick, steel, or equivalent decorative fencing and wall types.

   F.   Unless a good neighbor fence or a double-sided fence is installed, the finished side of the constructed fence must face out, and the unfinished side, or support side, of the fence must face in.

   G.   Electric fences shall have a minimum setback of twenty-five (25) feet from a front, or front and side if a corner lot, as well as from any additional public right of way.

   H.   In order to promote public safety and avoid danger to pedestrians, bicyclists, and other drivers, any fence adjoining or adjacent to a driveway or access shall either:

      1.   Terminate no less than twenty (20) feet from the closer of (a) the end of the driveway or access or (b) the front property line, platted street, or existing curb or edge of a street;

      2.   Be at least seventy (70) percent open; or

      3.   Be at a maximum height of four (4) feet. (Ord. 24-01, 2-6-2024)

   A.   Any livestock fence shall be designed for the type of livestock being contained, the species of big game present, their abundance, the reasonable anticipated occurrence of daily and/or seasonal movement, and the presence of young animals. Livestock fences are not permitted where no livestock are lawfully present and require the fence to be contained.

   B.   For pasture fences primarily on deer range, a barbed or woven-wire fence shall not exceed 42 inches in height. The space between the top 2 strands shall have a minimum of ten (10) inches, with a preferred space of twelve (12) inches.

      1.   If cattle are present, a 4-Wire Cattle Fence having three barbed wires, with the top no higher than 42 inches high, and a smooth bottom wire at least 16 inches above the ground.

      2.   If sheep are present, a 4 Wire Sheep Fence with a top wire no higher than 38 inches and a smooth bottom wire at least 10 inches above the ground is suggested.

      3.   If both cattle and sheep are present, a 4 Wire Sheep/Cattle Fence may be constructed with a top wire at 38 inches provided there is at least ten (10) inches of clearance between the top two wires and the bottom smooth wire height of ten (10) inches is maintained.

      4.   Woven Wire Sheep Fence: In lieu of the above standards, a Woven Wire Sheep Fence may be installed with a total height not to exceed 38 inches, using 26 inch woven wire and 2 strands of barbed wire above the woven wire, 10 inches apart.

      5.   A Let Down Fence design is permitted in any wildlife fence.

   C.   In zones where electric, razor, or barbed fencing is not permitted, wildlife fencing shall not be constructed out of such materials. (Ord. 24-01, 2-6-2024)

   A.   Electric fencing is only permitted for lawful keeping of cattle on a deer range and the owner can demonstrate that the fence is necessary to containing the cattle. In this situation, a two, three, or four wire electric fence may be installed. A minimum 10 inch spacing between a hot and ground wire is required.

      1.   For two-wire electric fences, a ground wire at 20 inches and a hot wire at 30 inches are required. All fences should use 0.74 to 1 inch diameter and 48 inch tall solid fiberglass line posts spaced at 50 to 60 foot intervals.

      2.   For three-wire electric fences, a hot wire at 22 inches, a ground at 32 inches, and a hot at 42 inches of height are required. All fences should use 0.74 to 1 inch diameter and 60 inch tall solid fiberglass line posts spaced at 50 to 60 foot intervals.

      3.   For four-wire electric fences, a hot-ground-hot-hot wire configuration is used with spacing of 22-32-42-52 inches. All fences should use 0.74 to 1 inch diameter and 72 inch tall solid fiberglass line posts spaced at 50 to 60 foot intervals.

   B.   Warning signs must be placed along the fence line to warn of the existence of an electric fence. (Ord. 24-01, 2-6-2024)

   A.   A razor wire or barbed wire fence is permitted solely for tow yards, manufacturing and other industrial uses, publicly owned facilities, and outdoor storage as part of a business, when the use is located in a zone that permits razor or barbed wire fencing. It shall not be permitted for any other use.

   B.   Any razor or barbed wire fencing, excluding for agricultural use as outlined herein, shall be no closer than six (6) feet from the ground.

   C.   Concertina wire is prohibited except for at the top of fences surrounding publicly owned facilities. (Ord. 24-01, 2-6-2024)

   A.   Where fencing is needed to prevent damage from wildlife, an eight (8) foot woven wire fence or an eight (8) foot wire slant fence is permitted. An applicant seeking to install a woven wire or wire slant fence shall be located in a zone that permits razor wire or barbed wire fences, have livestock lawfully on the property, and demonstrate the need to have the woven or wire fence protecting from wildlife. This fencing is not permitted in the front. (Ord. 24-01, 2-6-2024)

To ensure compliance, a property owner may elect to have the City review their plans for a proposed fence before installation. However, the applicant bears the burden of identifying location or property lines and getting a survey to confirm accuracy of location in installation. The City will not confirm location or accuracy of property lines. (Ord. 24-01, 2-6-2024)