20.16.120 Fences, walls, and hedges in residential zones.
A. Applicability. The provisions of this section shall apply to fences, walls, and hedges within all residential zones, except as otherwise indicated. The provisions of this section shall not apply to a fence, wall, or hedge for the public safety, a fence, wall or hedge required as an environmental mitigation measure or required by any law or regulation of the state or federal government or agency thereof.
B. Height Limitations.
1. Front Yards, Side Yard or Rear Yard Abutting a Street.
a. Within a required front yard, side yard, or rear yard abutting a street in the LDR, MDR, or HDR Zones, a decorative fence, as such term is defined in subsection (C)(1) of this section, masonry wall, or hedge may be constructed to a height not to exceed 42 inches, except that wrought iron fences may be constructed to a height not to exceed 48 inches; provided, that pilasters installed shall not be less than eight feet apart. Maximum height of fences in the visibility triangle on corner lots is 36 inches (see CMC 20.56.090).
b. No chain link fence, including fences constructed with wire or steel mesh, shall be permitted in the front yard, or in the side or rear yard abutting a street in the LDR, MDR and HDR Zones.
2. Side or Rear Yards, Interior. Except as otherwise permitted in this section, fences, walls and hedges erected or maintained within required side or rear yards shall not exceed a height limit of 96 inches (eight feet).
Figure 20.16-1.
C. Materials.
1. Decorative Fence. A “decorative fence” is defined as a fence which is aesthetically attractive and compatible with the surrounding area and which is constructed so that there is 80 percent visibility through the fence when viewed from a point located in the center of the adjacent street and perpendicular to the fence.
2. Prohibited Fence Material. No fence shall be used, constructed or maintained which contains broken glass or other sharp pointed material capable of causing serious bodily harm. Barbed wire, including but not limited to razor wire, razor tape, or razor ribbon, is prohibited. Corrugated metal and plastic as fencing materials are prohibited.
D. Barriers to Separate an Area from a Street or Highway. A barrier not to exceed 96 inches in height, serving to separate an area including several lots or parcels of land from the adjoining street or highway, may be established within five feet of a street or highway, provided such wall is approved by the director and is erected in accordance with the provisions of Chapter 20.84 CMC, Part 2 (Development Review Permits).
E. Modifications of Fence, Wall and Hedge Requirements. The director may, without notice or hearing, grant a modification of the fence, wall, or hedge regulations for sites occupied by an agency of the federal, state, county, or city government or where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with the fence, wall, and hedge provisions. All modifications on a lot or parcel of land shall be subject to the provisions of Chapter 20.84 CMC, Part 2 (Development Review Permits).
F. Legal Nonconforming Fences. Any fence which becomes a legal nonconforming structure as a result of the adoption of the ordinance which adopted this section, or any subsequent amendment thereto, may be maintained subject to the provisions of Chapter 20.80 CMC and this chapter.
G. Intersection Visibility. See CMC 20.56.090 for visibility standards. (Ord. 690 § 4 (Exh. A), 2018).