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The maximum height and location of fences, walls and hedges shall be as follows:

1. Fences, walls and hedges may be erected to the permitted building height in the district when located within the buildable area as established by building setbacks for a primary building footprint.

2. Fences, walls, and hedges may not exceed eight (8) feet in height within any required rear yard or interior side yard.

3. No fence, wall or hedge exceeding three (3) feet in height shall be erected or allowed closer to any street right-of-way line than the required building set back line, provided however that on street side yards (as typically found on corner lots), no view-obscuring fence, wall or hedge exceeding three (3) feet in height shall be erected or allowed closer than twenty (20) feet from the street right-of-way line. See Figure 17.04.310.

4. Where a fence, wall, or hedge is located along a property line separating two lots and there is a difference in the grade of the properties on the two sides of the property line, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

5. The Planning Director and City Engineer can approve the following types of modifications and exceptions to the standards listed above upon review of a Fence Permit Application;

a. Exemptions:

i. Height modifications of fences, walls, and hedges that exceed eight (8) feet;

ii. Setbacks and heights on odd or irregular shaped parcels or parcels with unusual development requirements due to easements, topography, etc;

iii. Fences that encroach into the street side yard setback on corner lots;

iv. Fences exceeding 3' in height within front setback areas.

b. Criteria for evaluating exemptions;

i. The Planning Director and City engineer, when modifying height and/or setback requirements as provided herein, shall use the following review standards;

ii. The proposed height and/or setback modification is necessary to provide privacy and protection of private property interests;

iii. The appearance of fence, wall, or hedge will not detract or cause aesthetic damage to neighboring property owners;

iv. The proposed height and/or setback modification will not cause a public safety hazard.

All appeals of decisions of the Planning Director and City Engineer will be made to the Planning Commission. (Ord. 2009-2, amended, 2009; Ord. 2003-3, amended, 2003; Ord. 97-3, amended, 1997; Ord. 177 §5, amended, 1990)