The purpose of this chapter is to create minimum and maximum fencing and retaining wall standards for residential and commercial areas within the City. (Ord. 12-15, 7-11-2012)

This chapter shall not nullify the more restrictive provisions of covenants, agreements, ordinances, or laws but shall prevail notwithstanding such provisions which are less restrictive. (Ord. 12-15, 7-11-2012)

Fence and retaining wall standards shall comply with the requirements allowed herein. Requests for height variations based on unusual circumstances, e.g., views, landscaping, etc., shall be reviewed by the Planning Commission. In no instance shall a fence without a retaining wall exceed eight feet (8') in height.

   A.   Interior Lots:

      1.   Side Yards And Rear Yards: In any required side or rear yard on lots, the height of fences shall not exceed six feet (6'), unless otherwise allowed herein.

      2.   Front Yards: Fences in required front yards shall be allowed provided that solid type fences shall not exceed three feet (3'), and open type fences, e.g., wrought iron, shall not exceed four feet (4').

   B.   Visibility Triangle And Clear View Zone: In addition to the other provisions contained in this section, fences shall be subject to the following provisions:

      1.   Front Yard: Any fence, wall, and/or hedge on the front yard shall not exceed three feet (3') if opaque construction or four feet (4') if open construction.

      2.   Sight Visibility Triangle: A thirty foot (30') sight visibility triangle shall be maintained on corner side yards located on local streets and controlled intersections, all other intersections shall be subject to AASHTO standards. The sight visibility triangle is the triangle created by the intersection of two (2) points along the back edge of the right-of-way. Height within the thirty foot (30') area shall conform to the front yard requirements.

      3.   Fences Adjacent To Driveways: A clear view zone shall be maintained free of fencing, except a see-through fence or a view obscuring fence no higher than three feet (3') in height when a driveway exists adjacent to the proposed fence. The clear view zone refers to the triangle formed on either side of the drive- way that extends ten feet (10') back from the right-of-way and ten feet (10') along the right-of-way.

   FIGURE 1

   ILLUSTRATION OF A COMMON THIRTY FOOT

   SIGHT VISIBILITY TRIANGLE

      4.   Rear And Interior Side Yards: Fence heights in the rear yard and interior side yard shall not exceed six feet (6').

   C.   Fences On Slopes: Fences on slopes may be a maximum of seven feet (7') if the average height of such fence is no greater than six feet (6'), unless otherwise allowed herein.

   FIGURE 2

   FENCES ON SLOPES

   D.   Fence Posts, Gateposts, Pillars, And Support Columns: Such structures may extend twelve inches (12") above the maximum fence height when separated by at least six (6) linear feet of fencing. Gateposts may be as close as three feet (3') of each other with no more than one gate per fence frontage. Structures may not exceed eighteen inches (18") in diameter or width.

   E.   Measurement Of Height: The height of a fence shall be measured from the highest grade and the combined height of a fence and retaining wall shall not exceed eleven feet (11').

   FIGURE 3

   F.   Barbed Wire Fences: Barbed wire and other security wire are not allowed on fences on commercial, industrial, business, or civic property for the purpose of maintaining security and preventing property loss and vandalism. Barbed wire and other security wire are not allowed on fences on residential properties for the purpose of maintaining security and preventing property loss and vandalism. (Ord. 18-07, 2-28-2018)

   A.   Fencing Requirements Within A Sensitive Area Overlay Zone: A fence may be built upon a slope greater than thirty percent (30%) provided the following conditions are met:

      1.   Usable Land: Fences shall be located only upon areas constituting usable land unless otherwise approved by the Director.

      2.   Chainlink Fencing: Only dark brown, dark green, or black vinyl coated chainlink fencing shall be allowed in order to blend into the native landscaping.

      3.   Wrought Iron Or Similar Aluminum Ornamental Fencing: Only dark brown, dark green, or black wrought iron or similar aluminum ornamental fencing shall be allowed, in order to blend into the native landscaping. The fence shall be built in accordance to this chapter and comply with all applicable standards.

      4.   Three Rail Fence: Only dark brown, dark green, or black. (Ord. 12-15, 7-11-2012)

   A.   Front Yard Fencing:

      1.   Requirements: If a fence is desired between a building and the front property line, decorative iron fences or a combination of decorative iron and brick pillar fences are required. The fence may be a maximum of six feet (6') in height and located immediately behind the front landscape area required by the land use regulations for the particular project.

      2.   Corner Lots: All developments located on corner lots shall be considered to have two (2) frontages. The above fencing restriction shall apply to both frontages with the exception that fences may not encroach into the required sight visibility triangle at the intersection of two (2) streets. Sight visibility triangles are determined by applicable standards. For local streets and controlled intersections a thirty foot (30') sight visibility triangle is sufficient, all other intersections shall be subject to AASHTO standards. Sight visibility triangles will increase significantly if the location is on or near the inside of a horizontal curve. Fences in the sight visibility triangle shall be no more than three feet (3') in height above the top of curb. In most cases, said sight visibility triangle shall be measured from the intersection of the right-of-way extended back thirty feet (30') in both directions.

   B.   Side And Rear Property Lines: Fences along side or rear property lines shall not exceed six feet (6') in height measured from the highest elevation on either side of the fence and up to eight feet (8') if approved by the Planning Commission during site plan review.

   C.   Temporary Fencing: Fencing may be allowed on a temporary basis for the purpose of securing property prior to and during development and for special events.

   D.   Fence Posts, Gateposts, Pillars, And Support Columns: Such structures may extend twelve inches (12") above the maximum fence height when separated by at least six (6) linear feet of fencing. Gateposts may be as close as three feet (3') of each other with no more than one gate per fence frontage. Structures may not exceed eighteen inches (18") in diameter or width.

   E.   Measurement Of Height: The height of a fence shall be measured from the highest grade, and the combined height of a fence and retaining wall shall not exceed eleven feet (11'). (Ord. 18-07, 2-28-2018)

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 or other similar structures shall be six feet (6'). (Ord. 12-15, 7-11-2012)

Fences containing strands of barbed wire, concertina, or other similar fencing is prohibited on residential, mixed use, and open space properties unless specifically approved by the Director for agricultural uses. Barbed wire and other security wire are not allowed on fences on commercial, office, or industrial properties when adjacent to residential uses or within public view. (Ord. 12-15, 7-11-2012)

A building permit may be required for the construction of retaining walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall shall not exceed five feet (5'). For cuts/fills to be retained that exceed five feet (5'), retaining walls shall be stepped and separated horizontally by a minimum of five feet (5'). The uppermost retaining wall may be topped by a fence, wall, or hedge of the height that would otherwise be permitted at the location if no retaining wall existed. The Director may grant an exception to this criteria where it can be shown that this provision would cause an unreasonable hardship to the property, e.g., where the stepping would eliminate the side or rear yard leaving the property owner with a strip of unusable yard space (less than 5 feet), or where it may not be practical due to adjoining uses.

   FIGURE 4

   PROPER RETAINING WALL INSTALLATION

(Ord. 18-07, 2-28-2018)

Whenever any person, firm, or corporation as a subdivider develops or builds upon any property in the City that is part of a recorded subdivision approved by the Planning Commission after the effective date of this Code or in any previously approved subdivision, and which abuts any arterial or collector street as defined below, the said person, firm, or corporation shall construct and install at their own expense, a fence or wall as provided hereafter along the back property line of lots abutting said arterial or collector.

   A.   An arterial or collector street is any public road having a right-of-way, developed or undeveloped, including, but not limited to, the following roads:

4100 South, 4700 South, 4800 South, 5400 South, 6200 South, 1300 West, 1700 (Redwood Road) West, I-215, 2200 West, 2700 West, 3200 West, 3600 West, 4015/4000 West, Bangerter Highway

   B.   Said fence or wall shall be approved by the Director, only upon satisfaction of the following criteria:

      1.   Durable or useful life of at least twenty (20) years' duration;

      2.   Wind load of at least eighty (80) miles per hour;

      3.   Maintenance free for at least five (5) years' duration; and

      4.   Applicable City standards, unless otherwise approved by the Director.

   C.   In addition to the above requirements, the following shall be satisfied:

      1.   The fence shall be interrupted at least every twenty five feet (25') by pilasters, columns, jogs in the fence, or other variation in the construction so as to provide a visual breaking point in construction.

      2.   Acceptable construction materials shall not include chainlink, chainlink with slats, picket, or wood fencing.

      3.   Antigraffiti coating shall be required as approved by the City.

      4.   Specific structural design shall be reviewed and approved by the City.

   D.   A barrier wall, six feet (6') in height (measured from the highest elevation on either side of the wall) except where soil retention is required, may be up to eight feet (8') in height (retaining wall and barrier wall combined). All such walls shall meet design specifications adopted by the City.

   E.   An additional landscaped buffer, including sprinkling and water connections, may be required by the Director between the sidewalk and barrier wall where it is impractical for the barrier wall to abut the sidewalk. The specific width of the buffer and landscaping specifications shall be determined by the Director at the time of subdivision review. (Ord. 12-15, 7-11-2012)

The provisions of this chapter shall not apply to certain other fences such as sports court fences, tennis court, backstops, or patio enclosures in the front, side, or rear yards if approved by the Director. During the review of such requests, the Director need only determine if in his opinion:

   A.   The proposed fence does not create a hazard for the subject property or adjacent properties.

   B.   The proposed fence does not create a violation of other ordinances.

   C.   A building permit is not required. (Ord. 12-15, 7-11-2012)

   A.   Any parcel being subdivided or developed that is adjacent to or has within its boundaries a canal right-of-way may be required to provide along such right-of-way a fence as determined by the Director.

As an alternative to fencing the canal and with the review and approval of the Director, the developer may pipe the canal. If the canal is piped, the developer must obtain written permission from the canal company and construct the pipe according to the canal company's requirements and specifications.

   B.   All fences bordering canals shall be installed as part of the improvements for the subdivision or other development. No occupancy permit, whether temporary or final, shall be granted until all required fencing is installed in the subdivision or development. (Ord. 12-15, 7-11-2012)