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Attachment 14Draft Amendments to Chapters 6 and 29 of Town Code – Hillside Fences Page 1 of 6 Draft 10/05/18 Sec. 6.150.050. - Work exempt from permit. CRC Section R105.2 Work exempt from permit. Building: Item 2. is amended to read: 2. Fences not over 7 feet high. (Ord. No. 2257 , § I, 11-15-16) Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges. Sec. 29.40.031. Purpose and intent. The purpose of this Ordinance is to codify regulations for fences in all residential zones. This Ordinance is divided into two parts: non-hillside and hillside areas. The use of fences, walls, gates, gateways, entry arbors, and hedges in the hillside areas shall be minimized and located so that natural landforms appear to flow together and are not disconnected. The primary emphasis shall be on maintaining open views; protecting wildlife corridors and habitat connectivity; and maintaining the rural, open, and natural character of the hillsides. Additional details are available in the Hillside Development Standards and Guidelines. Sec. 29.40.032. Definitions. The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section. Fence means a man-made structure serving as a barrier or screen. Fence height shall be measured from finished grade and shall be measured from either side of the property line which affords affected property owners the most buffering from noise, light, glare, or privacy impacts. Hedge means a boundary formed by closely growing bushes or shrubs. Hillside lot means a parcel of land subject to the Hillside Development Standards and Guidelines as shown on the Hillside Area Map in the Hillside Development Standards and Guidelines regardless of zoning district. Movement corridor means a movement pathway that is typically independent of season and used by animals on a near daily basis for the acquisition of food, shelter, water, or mates. Open-view design means a fence or other structure that permits views through it. Planting Zone 1 means that area within a 30-foot radius of the primary dwelling unit on a hillside lot. Regulated fence area (which only applies to parcels greater than one (1) acre) means that area between the property line and the unregulated fence area. The width of this area is equivalent to the minimum required yards for the HR zones listed in Sec. 29.40.270. Retaining wall means a man-made structure designed to retain soil. Riparian corridor means an area comprised of habitat strongly influenced and delineated by the presence of perennial or intermittent streams. ATTACHMENT 14 Draft Amendments to Chapters 6 and 29 of Town Code – Hillside Fences Page 2 of 6 Draft 10/05/18 Stream means a body of water that flows at least periodically or intermittently through a bed or channel having banks. The body of water may include watercourses having a surface or subsurface flow that supports or has supported riparian vegetation, fish, or aquatic life. Top of bank means a stream boundary where a majority of normal discharges and channel forming activities take place. The top of bank will contain the active channel, active floodplain, and their associated banks. Where there are no distinguishable features to locate the top of bank, the local permitting agency will make a determination and document as appropriate. In the absence of this determination, the 100-year water surface will be used. Traffic view area means that area, on corner lots, which is within fifteen (15) feet of a public street and within two hundred (200) feet of the right-of-way line of an intersection, or a distance of thirty (30) feet measured horizontally in any direction from the point of intersection of the property lines at street corners. Unregulated fence area is that area of a parcel between the primary residence and the regulated fence area. The unregulated fence area plus the regulated fence area constitutes the entire parcel. For lots in the hillside area that are less than or equal to one (1) acre, the unregulated fence area extends to the property line. Wall means a man-made structure that defines an area, carries a load, or provides shelter or security. Wildlife-friendly fence means a fence or other structure that permits any animal, regardless of size, to easily climb under, pass through, or jump over. A wildlife-friendly fence shall not exceed forty-two (42) inches in height above natural grade. A split-rail fence shall be constructed of wood and be at least fifty (50) percent open in design. The minimum height above grade for the bottom rail shall be sixteen (16) inches and shall have spacing between rails of at least twelve (12) inches wherever feasible. Sec. 29.40.033. Non-hillside residential lots: Fences, walls, gates, gateways, entry arbors, and hedges. (a) Height. In residential zones outside of the hillside area, a permit is not required for the repair, replacement, or construction of gateways, entry arbors, or hedges that are no more than six (6) feet high; or fences, walls, or gates that are no more than six (6) feet high, with one (1) foot of lattice on top (seven (7) feet high in total), and within all property lines. (b) Exceptions to height. The following height exceptions shall apply: (1) Corner lot. In a traffic view area, no corner lot or premises in the Town shall have any fence, wall, gate, gateway, entry arbor, or hedge higher than three (3) feet above the curb unless permission is secured from the Town Engineer. (2) Properties not on a street corner. At the discretion of the Director of Community Development, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification to the Planning Department that demonstrates either of the following conditions exist: a. A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening. b. A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem. Draft Amendments to Chapters 6 and 29 of Town Code – Hillside Fences Page 3 of 6 Draft 10/05/18 (3) Historic Districts and/or Landmark and Historic Preservation Overlay. The maximum height of fences in the front yard shall be three (3) feet and shall be of open-view design except as provided in subsection 29.40.033(b)(4). (4) Gateways or entryway arbors. May be up to eight (8) feet high, including within Historic Districts or for properties with a Landmark and Historic Preservation Overlay, and shall be of open-view design. A gateway or entryway arbor shall have a maximum width of six (6) feet and a maximum depth of four (4) feet. No more than one (1) gateway or entryway arbor per street frontage is allowed. (5) Adjacent to commercial property. Boundary line fences or walls adjacent to commercial property may be eight (8) feet high if requested or agreed upon by a majority of the adjacent residential property owners. (c) Materials. The type of fencing materials within the non-hillside zone are generally unrestricted, and fences can be a combination of materials, with the following exceptions: (1) Plastic fencing is discouraged everywhere and is prohibited in Historic Districts. (2) Barbed wire or razor ribbon wire is prohibited in all zones. (d) Vehicular gates. Vehicular gates shall be setback a minimum of eighteen (18) feet as measured along the driveway’s path of travel from the edge of the adjacent roadway to the gate(s) in the open position. Sec. 29.40.034. Hillside residential lots: Fences, walls, gates, gateways, entry arbors, and hedges. This section applies to any new fence, wall, gate, gateway, entry arbor, or hedge, and the replacement, modification, or repair of any existing fence, wall, gate, gateway, entry arbor, or hedge, whether the primary dwelling unit is new or existing. Guiding principles come from the Hillside Development Standards and Guidelines, which state that the primary emphasis for hillside fences shall be on maintaining open views; protecting wildlife corridors while allowing wildlife to pass through; and maintaining the rural, open, and natural character of the hillsides. Deer fencing shall be limited to areas around ornamental landscaping with larger areas not to be enclosed. For the purposes of this section, hillside lots are divided into two areas – the unregulated fence area, in which minimal fence restrictions are enforced; and the regulated fence area, which is regulated to be more wildlife-friendly. (a) Unregulated Fence Area. Fences, or changes to existing fences within the unregulated fence area of hillside lots, do not require a permit and are subject to Section 29.40.033, non-hillside residential lots above, and the following standards: (1) Height. Fence height is limited to six (6) feet high in total. (2) Exceptions to height. The following height exceptions shall apply: a. At the discretion of the Director of Community Development, deer fencing may be a maximum of eight (8) feet high provided the property owner can provide written justification to the Planning Department that demonstrates that the following conditions exist: i. The fencing would be limited to areas around ornamental landscaping; and ii. A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife Draft Amendments to Chapters 6 and 29 of Town Code – Hillside Fences Page 4 of 6 Draft 10/05/18 grazing on gardens or ornamental landscaping may be an example of such a problem. (3) Materials. Barbed wire or razor ribbon wire is prohibited in all zones. (4) Siting. No fence, hedge, wall, or gate shall be constructed within a riparian corridor or within thirty (30) feet of its top of bank. (5) Hedges. All new hedges within the unregulated fence area and greater than thirty (30) feet from the primary residence, are outside planting zone 1 and shall consist of only plant species listed in Appendix A of the Hillside Development Standards and Guidelines. (b) Regulated Fence Area. New or replacement fences within the regulated fence area on hillside lots require a permit, which shall be posted on site during construction. Fences in the regulated fence area are subject to the following standards: (1) Height. Fences shall be wildlife friendly and shall not exceed forty-two (42) inches in height above natural grade. A split-rail fence shall be constructed of wood and be at least 50 percent open in design. The minimum height above grade for the bottom rail shall be sixteen (16) inches and shall have spacing between rails of at least twelve (12) inches wherever feasible. (2) Materials. a. The following fence types and materials are not of wildlife-friendly design and are therefore prohibited for new or replacement fences in the regulated fence area: i. Chain-link, chicken wire, welded wire, wire mesh, cyclone, or similar fence material. ii. Buck and rail fences. iii. Any fence with bare lengths of wire stretched between posts. iv. Electric fences, including any fence designed to produce an electric shock. v. Barbed or razor wire fences, including any fence with attached barbs, sharp points, razors. vi. Double fences. vii. All hedges. (3) Siting. a. Fences shall be located to follow natural contours, whenever possible. b. Fences and walls shall be located to avoid impacts to trees. c. No fence, hedge, wall, or gate shall be constructed within a riparian corridor or within thirty (30) feet of its top of bank. d. No fence, hedge, wall, or gate shall be constructed in the public or private right-of- way or within any trail easement or other easement precluding their construction unless allowed, in writing, by the Town Engineer. e. Fencing located within twenty (20) feet of a property line adjacent to a street shall be open-view design fencing. (4) Walls. a. Walls are prohibited unless needed for privacy as determined by the Director of Community Development. Draft Amendments to Chapters 6 and 29 of Town Code – Hillside Fences Page 5 of 6 Draft 10/05/18 b. Town approved retaining walls are permitted. (5) Gateways or entryway arbors. May be up to eight (8) feet high and shall be of open-view design. A gateway or entryway arbor shall have a maximum width of six (6) feet and a maximum depth of four (4) feet. No more than one gateway or entry arbor per street frontage is allowed. (6) Exemptions. All fences, hedges, gates, and walls existing when this Ordinance became effective, are exempt from these conditions, except as described in (7) and (8) below. (7) Repair. Repair of existing fences, walls, hedges or gates in the regulated fence area: a. Does not require a permit. b. Shall not convert a wildlife-friendly fence into a non-wildlife-friendly fence. (8) Modifications. Modification of existing fences in the regulated fence area: a. Requires a permit which shall be posted on site during construction. b. Are encouraged if such changes improve wildlife movement or animal corridors. c. Shall not impede animal movements and shall not convert a wildlife-friendly fence into a non-wildlife-friendly fence; for example, wire mesh shall not be added to an existing, animal-friendly, split-rail fence. d. Replacement, repair, or modification of any fence, wall, hedge or gate shall be prohibited if the Town Engineer determines that a public safety hazard exists. (9) Exceptions: a. A temporary (one to three years), animal excluding, protective circular enclosing fence may be erected in regulated fence areas to protect a newly planted tree or shrub, until established, when that plant species is listed in Appendix A of the Hillside Development Standards and Guidelines b. Security fencing required to protect a public utility installation. c. Written exceptions may be granted when the Director of Community Development finds that the strict application of these requirements will result in a significant hardship for the property owner. (10) Cost. The cost of the application review will be borne by the applicant through a deposit pursuant to the adopted fee schedule. (11) Notices. Noticing shall comply with the public noticing procedures of Section 29.20.480 of the Town Code. (12) Penalties. A property owner who has unlawfully constructed, replaced, or modified any fence, wall, gate, gateway, entry arbor, or hedge without required approval, shall: a. File the required Planning and Building Department applications and pay the required fees as established by resolution for new applications and for work unlawfully completed. b. Be subject to a fine equal to double the cost of the permit, as determined by the Director of Community Development. c. Remove any prohibited fence, wall, gate, gateway, entry arbor, or hedge. (c) Vehicular gates. Vehicular gates shall be setback a minimum of eighteen (18) feet as measured along the driveway’s path of travel from the edge of the adjacent roadway to the gate(s) in the open position. Draft Amendments to Chapters 6 and 29 of Town Code – Hillside Fences Page 6 of 6 Draft 10/05/18 (Ord. No.1316, § 4.10.020, 6-7-76; Ord. No. 1493, 3-17-81; Ord. No. 1873, § I, 10-7-91; Ord. No. 2049, § I, 10-5-98; Ord. No. 2062, § I, 6-21-99; Ord. No. XXXX, § )