The term "front setback area" for the purpose of this title shall refer to the setback area (as required by this title) along any street frontage. (Ord. 2022-02 § 1)

   A.   A building permit and engineered design is required for the construction of a fence, wall, or retaining wall when one (1) of the following conditions exists:

      1.   The fence system exceeds seven feet (7') in height.

      2.   A retaining wall that exceeds a height of four feet (4') as measured from the bottom of footing to the top of wall.

      3.   The retaining wall is less than four feet (4') in height supporting a surcharge.

      4.   Any fence that is reviewed and approved by the Planning Commission, prior to the beginning of construction.

   B.   Each wall and fence system installed requires a review by the building official or designee to ensure the proposed installation is consistent with this code prior to construction. (Ord. 2022-02 § 1)

   A.   The finished grade may not be bermed for the purpose of increasing the fence height.

   B.   No fence or obstruction to view shall be placed within a triangle area formed by a driveway line, the front yard property line, and a line connecting them at points twelve feet (12') along the driveway line and twelve feet (12') along the front property line.

   C.   When installed on a shared property line, a fence, wall, or retaining wall located on an interior property line separating two (2) residential lots with differing elevations, the maximum height of the fence, wall, or retaining wall shall not exceed six feet (6') above grade on either side unless:

      1.   The property owners adjoining the fence, wall, or retaining wall agree in writing to a greater height; and

      2.   A retaining wall is placed against the cut area to retain the natural grade, in which case the fence, wall, and retaining wall combined shall not exceed nine feet (9') in height when measured from the lower lot side.

   D.   A fence or wall system constructed solely on a residential lot (including footing) may be constructed to a maximum height of nine feet (9'). (Ord. 2022-02 § 1)

   A.   On all interior lot lines, a fence, not to exceed six feet (6') in height, may be erected along all side and rear property lines as per the following requirements:

      1.   To a point measured fifteen feet (15') from the front property line if the property line is from back of sidewalk.

      2.   To a point measured twenty-five feet (25') from the front property line if the property line is from back of curb.

   B.   In any front setback area along interior front and side property lines, no fence, wall, or retaining wall shall exceed three feet (3') in height unless: a non-sight obstructing fence system that is at least fifty percent (50%) open is installed at which, a four foot (4') high fence may be erected one foot (1') behind the property line. (Ord. 2022-02 § 1)

   A.   On all corner lots, a fence not to exceed six feet (6') in height may be erected along the rear and interior side lot lines. A solid fence or wall shall not be erected in the front yard or street side yard setback area to a height in excess of three feet (3'), except as provided for in subsection C below, and as approved by the building official or designee. Where the fence or wall is located within five feet (5') of the sidewalk, the fence height shall be measured from sidewalk grade. Where the fence or wall is more than five feet (5') from the sidewalk, the height shall be measured from the adjacent grade on the street side.

   B.   In all zones requiring a front yard setback, no obstruction to view in excess of two feet (2') in height shall be placed on any corner within a triangular area formed by the street property lines and a line connecting them at points thirty feet (30') from the intersection of the property lines allowing for site visibility.

   C.   Fences or walls erected within the side yard setback that fronts on a public street may have a height up to six feet (6') provided the following conditions are met:

      1.   Solid fences or walls up to six feet (6') in height shall maintain a minimum five-foot (5') setback from the property line.

      2.   Non-sight obstructing fences that are at least fifty percent (50%) open shall be allowed to a height of six feet (6') and may be erected one foot (1') behind the property line. (Ord. 2022-02 § 1)

When a difference in grade exists between adjoining properties, a retaining wall may be constructed, subject to the requirements set forth in this section. A rock wall whose height does not exceed four (4) vertical feet and whose angle of repose does not exceed a ratio of one to one (1:1) is not a retaining wall for the purpose of this section.

   A.   The height of the retaining wall shall not exceed six feet (6'). If the retaining wall exceeds four feet (4') in height, the wall shall be engineered and approved pursuant to the International Residential Code (IRC) standards.

   B.   Retaining wall systems over six feet (6') in height shall be terraced to form benches or landings which can be landscaped. Terraced walls shall be offset at a one to one (1:1) ratio.

   C.   Retaining walls shall be moisture proofed on the retaining side of the wall below grade.

   D.   Walls installed during the project development process will be required to comply with the Santa Clara City Construction Design Standards, Section 4.3.2.5, Retaining Walls Required. (Ord. 2022-02 § 1)

For the purpose of this chapter, it shall be presumed that a vacant lot shall contain a minimum front, side and rear yard that are otherwise required by ordinance. In any required side and rear yard on vacant lots, the maximum height of fences shall not exceed six feet (6'). In any required front yard setback, the maximum height of fences shall not exceed three feet (3'). A non-site obstructing see-through fence that is at least fifty percent (50%) open is allowed at four feet (4') in height and may be erected at the property line. (Ord. 2022-02 § 1)

No fence approved under this chapter shall be erected beyond a property line or on the public right of way, without the issuance of a special permit by the city. Approval of a fence on the public right of way shall be considered subject to the following conditions:

   A.   No fence shall be erected within one foot (1') of an existing or future sidewalk, within a four-foot (4') radius of a fire hydrant, or within a two-foot (2') radius of small utility boxes, light and power poles. Obtain verification from the electrical department for radii on other utility boxes.

   B.   The city shall retain the right to remove any fence on the public right of way for any purpose it deems necessary. Removal shall be at the sole expense of the property owner.

   C.   Maintenance of the area between the sidewalk and the property line shall be the responsibility of the property owner. (Ord. 2022-02 § 1)

On controlled access streets, walls, fences, or hedges may be erected to a height of six feet (6') in the setback area, except that a six-foot (6') fence may not be constructed within the area intersected by the right-of-way lines of the curb returns, but not less than thirty feet (30'). See subsection 17.28.030 B. of this chapter. The triangular area may be either landscaped with low, spreading shrubs, rock landscaping, or paved as part of the sidewalk area. (Ord. 2022-02 § 1)

   A.   On interior side and rear property lines, a chain-link fence may be erected to a height of twelve feet (12') for the purpose of enclosing a tennis court, or other court game area. Said fence may not be located within the setback area of yards abutting a front or street side yard.

   B.   A fence not less than four feet (4') in height shall be erected around all private outdoor swimming pools, hot tubs, or other similar pools not otherwise enclosed (or covered for hot tubs). The specifications for the fence and gates, for residential application, shall be the same as those provided in the International Swimming Pool and Spa Code (ISPSC). This required fence or wall may encompass any amount of the lot or parcel, except that a swimming pool on the same lot and accessory to a dwelling unit shall not be located within the front yard setback. Exceptions:

      1.   Spas and hot tubs with lockable safety cover that complies with the ASTM F 1346.

      2.   Swimming pools with a powered safety cover that complies with the ASTM F 1346.

   C.   A fence not less than six feet (6') in height shall be erected around all public or commercial swimming pools.

   D.   Fences at a minimum of six feet (6') in height shall be erected around all ponds, canals, or ditches, where, in the opinion of the planning commission, there is determined to be a potential hazard to the health, and safety of surrounding areas or developments. (Ord. 2022-02 § 1)

   A.   Fences surrounding developments having no individual lots that front on public streets, such as subdivisions with limited access, or planned developments larger than one acre, may have a solid fence in the front setback area to a height of six feet (6'), except that such fence shall be reduced to three feet (3') at driveway entrances and intersections in the same manner as required elsewhere in this chapter.

   B.   All commercial and industrial developments, in areas zoned accordingly, having a common lot line with property used for residential purposes shall be considered the same as the requirements of a residential interior lot line. Refer to section 17.28.020 of this chapter. (Ord. 2022-02 § 1: Ord. 2012-18)

Nonconforming fences shall not be reconstructed except in conformance with the requirements of this chapter. (Ord. 2022-02 § 1)

A courtyard wall or fence (a solid wall, or fence attached to the front dwelling unit and located in the front yard setback area) is allowed as per the following conditions:

   A.   Front Yard Setback: Front yard facing courtyard walls shall be located fifteen feet (15') from the front property line.

   B.   Height: The height of such wall or fence shall not exceed four feet (4') in height as measured from the main floor elevation of the dwelling.

   C.   Application And Review: A building permit as required by section 17.28.015 of this chapter shall be required for all courtyard walls and fences subject to the following:

      1.   A plan shall be prepared showing the total front yard of the dwelling unit drawn to scale and showing where the proposed courtyard will be located. The application shall also include a front elevation of the dwelling, or a picture of the front of the dwelling, showing how the front will appear with the wall or fence constructed.

      2.   A detailed plan is required to show how the wall or fence would tie in with the architectural theme of the home, which is complimentary in style and materials of the primary residence.

      3.   The application shall be submitted to the TRC staff for review. In addition to how the proposal complies with this section, the TRC shall also consider how the proposed wall or fence may impact adjacent dwellings. Construction materials and aesthetic appeal will also be considered in determining whether to approve the request and authorize a building permit for the courtyard fence. City staff may submit the request to the Planning Commission for their review and consideration at the next available meeting. (Ord. 2022-02 § 1)

Access to utility meters shall be readily accessible. Enclosing a utility meter with a wall or fence is in violation of city code, section 13.08.270, Access to Premises. (Ord. 2022-02 § 1)

Building materials that are not specifically manufactured, listed, or commonly used to construct walls or fences are prohibited. (Ord. 2022-02 § 1)

The Planning Commission shall review all requests for any type of fence not specifically identified in this chapter, and may approve said fence if, in the opinion of the Commission, the fence does not impair the intent and purpose of this title. (Ord. 2022-02 § 1)

Barbed wire, or similar fencing material shall be prohibited in all zones except agricultural. However, barbed wire, or similar fencing material is allowed for security purposes for public utilities and/or facility uses, and shall conform to the following restrictions:

   A.   Barbed wire, or similar material shall be pulled tight and not rolled or coiled.

   B.   Straight strands of barbed wire, or similar material on top of fences or walls shall not exceed a total height of seven feet (7'). (Ord. 2022-02 § 1)