As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

   FENCE: A tangible barrier or obstruction of any material, with the purpose or intent, or having the effect of preventing passage and/or view across the property or perimeter line. It includes hedges and walls.

      Opaque: A fence constructed of solid vinyl, masonry or wood that is one hundred percent (100%) site obstructing.

      Open Style: A fence that is at least seventy five percent (75%) open which does not present a visual barrier/hazard for pedestrians or drivers, including but not limited to non-slatted chain link, picket, corral or wrought iron.

       View-Obstructing: A fence constructed of wood, vinyl, masonry or chain link with slats. Gaps are required to be no wider than may naturally occur. Examples: unavoidable gaps between abutting cedar plank fencing, or between slats inserted into chain link fence.

   YARD: An open space on a lot other than a court, unoccupied and unobstructed from the ground upward by structures.

        Front Yard: The area between the back of the curb and the primary structure.

        Rear Yard: The area between the back property line and the primary structure.

      Side Yard: The area between the side of the primary structure and the side property line. (Ord. 2017-09, 11-21-2017)

   A.   Street intersection: The area of land determined by measuring forty feet (40') from the point of juncture of street curb lines, and then connecting the termini of those lines forming a triangle that encompasses a portion of the street right-of-way and the adjoining lot.

   B.   Intersection of driveway and street: The area of land determined by first establishing the point of intersection of the driveway edge and the street property line, then measuring ten feet (10') along the property line away from the driveway, and ten feet (10') along the edge of the driveway in toward the property. A line is then drawn from the termini of the two (2) lines, forming a triangle. This is accomplished on both sides of the driveway.

   C.   Within the above clear-view areas, the following shall apply:

      1.   Solid fences, walls, signs, sight obscuring vegetation, and/or other sight obscuring devices shall not exceed two feet (2') in height above the level of the curb.

      2.   Open style fences shall not exceed four feet (4') in height above the level of the curb.

      3.   Tree trunks shall not be located within the clear-view area; however tree canopies may extend into the clear view area if they are trimmed at least nine feet (9') above the elevation of the sidewalk and thirteen feet (13') above the elevation of the street. It is unlawful to allow any vegetation or other growth to block any traffic sign, traffic signal, street light, or other public safety device, regardless of whether it is located in a clear-view area or not. (Ord. 2017-09, 11-21-2017)

The following shall apply to any single-family or two-family dwelling on an individual lot:

   A.   On an interior lot, a fence located within a minimum rear and/or side yard setback shall be a maximum of six feet (6') in height.

   B.   In the minimum front yard setback area, a fence shall be a maximum of four feet (4') in height, except as further restricted in a clear-view area.

   C.   On a corner lot, a street side yard and/or street rear yard may be enclosed by a fence to the same extent as a minimum rear yard or minimum side yard setback on interior lot, except as further restricted in a clear-view area.

   D.   Fences shall not be placed upon public property or in a public right-of-way. Fences shall be placed a minimum of one foot (1') from sidewalks. (Ord. 2017-09, 11-21-2017)

With the exception of a single-family or two-family dwelling on an individual lot, the following shall apply to any lot or parcel within Sunset City:

   A.   A wall or fence shall be a maximum of six feet (6') in height, with the exception that any wall or solid fence located within twenty feet (20') of a public street shall be a maximum of three feet (3') in height, and any "open style" fence located within twenty feet (20') of a public street shall be a maximum of four feet (4') in height.

   B.   Opaque walls or fences of at least six feet (6') in height are required along all property lines which are adjacent to a residential zone or use or public right-of-way. The exact location, height and type of materials of the wall or fence shall be approved by the Planning Commission as part of the site plan approval process.

   C.   Any outdoor storage area shall be screened from view by a minimum six foot (6') high opaque wall or fence constructed of, or finished with, materials to match or complement the main building material of the site.

   D.   Any roof mounted mechanical equipment shall be screened from public view by an opaque parapet wall or similar device that is no lower in height than six inches (6") below the height of the mechanical equipment on the exposed side or sides.

   E.   Any loading or delivery facility shall be screened from street view by a six foot (6') high opaque wall or fence constructed of wood, brick, vinyl, masonry, or similar material as approved by the Planning Commission.

   F.   A fence or wall of six feet (6') in height shall be required along the rear lot line of a reverse frontage lot. In conjunction with a subdivision plat or planned unit development a fence along the rear lot line of a reverse frontage lot may have a maximum height of eight feet (8') with specific approval of the Planning Commission. Such fence or wall shall be constructed of masonry, wood, vinyl, or similar material as determined by the Planning Commission.

   G.   Fences shall not be placed upon public property or in a public right-of-way. Fences shall be placed a minimum of one foot (1') from sidewalks. (Ord. 2017-09, 11-21-2017)

In instances where there is a grade differential along a property line separating two (2) lots as a result of a retaining wall or topographic feature, a fence, hedge, wall, or other permitted screening device may be erected to the maximum height permitted on either side of the property line. Also, in instances where a fence runs along a sloped property line, a pre-manufactured rectangular fence panel of up to ten feet (10') in length or less may be installed horizontally to vertical posts such that one end of the panel is at grade level, and the other end is no more than two-tenths (0.2) of a foot above grade level for each linear foot of fence panel. The area beneath the bottom of the fence and the ground may be filled or remain open, and the panel height may be the maximum permitted on either side of the property line. (Ord. 2017-09, 11-21-2017)

   A.   Fences shall not be of hazardous or potentially dangerous materials or construction such as barbed wire, razor wire, electrified, etc., except in agricultural uses, as permitted in this chapter or as otherwise approved in the site plan approval process in commercial, performance, or light manufacturing areas. Hazardous or potentially dangerous materials shall not be allowed in any residential uses within the City.

   B.   The materials used in a constructed fence are limited to materials made of wood, metal, concrete, masonry, stone or vinyl. The materials used to construct the fence shall be of dimensions and design commonly intended for typical fence construction and shall not be materials or reused materials that have been designed for another function and are now being used to create a fence.

   C.   All fences and walls shall be maintained in good repair. Areas along the wall or fence shall be maintained by the property owner. (Ord. 2017-09, 11-21-2017)

   A.   Purpose And Intent: It is the purpose of this section to provide for the continual use of any fence which legally existed prior to the effective date hereof. It is the intent of this chapter to regulate such uses in such a manner to lead eventually to the elimination of nonconforming uses over time and in no way perpetuate said uses beyond reasonable abandonment.

   B.   Preexisting, Nonconforming Fences:

      1.   Maintenance, Repairs And Restoration:

         a.   Fences may be maintained.

         b.   A fence which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God, or the public enemy, to the extent of not more than one-half (1/2) times its assessed value at the time of repair or replacement, may be restored. Vegetation which dies off shall not be restored in violation of this chapter.

      2.   Additions And Enlargements: A fence or structure shall not be added to or enlarged in any manner unless such fence or structure, including such additions and enlargements, is made to conform to all the conditions of this chapter.

      3.   Abandonment By Neglect: Fences, structures, or portions thereof shall be deemed abandoned by neglect where not maintained during a continuous period of six (6) months. Burden of proof that such nonconforming rights exist shall rest with the owner of the property in question.

      4.   Determination Of Violation: The City Code enforcer may determine that any fence or structure in violation of this chapter, with nonconforming rights, is a hazard to public health, safety or welfare. (Ord. 2017-09, 11-21-2017)

It is a Class C misdemeanor, subject to penalty as provided in section 1-4-1 of this Code, for any person to violate the provisions of this chapter. (Ord. 2017-09, 11-21-2017)