A fence permit is required for any new fence over 20' in length. A site plan showing the proposed fence location and application fee of $50.00 is required. Maintenance of fences by replacing part or all of the fence boards or by replacing boards and posts up to 20' in length does not require a permit. Lack of a permit requirement is not authorization for obstruction of drainage or visibility easements.
Fences Adjacent To Screening Walls Where a fence intersects with a screening wall and the height of fence exceeds height of screening wall, the fence shall transition to the height of the screening wall over a mimimum distance of 20 ft. (Where unusual terrain &/or lot orientation do not allow for an orderly transition then the transition to the screening wall may be less than 20 ft).
The City does not authorize fence encroachments into utility easements. In most cases however, the public utility companies will allow fences to encroach upon utility easements, realizing that in case of need for easement service the homeowner will be totally responsible for any damages or replacements. In addition, building lines/easements restrict and in many cases prohibit the construction of buildings, swimming pools, fences, etc., from encroaching upon such building lines and easements. Contact Building Inspection for the location of building lines and easements on the lot and the restrictions that are applicable to them.
Drainage, Water and Sewage Easements
Fence encroachments into drainage, water, and sewer easements are typically not allowed. However, fences may occasionally be built over a drainage or utility easement with the understanding that it will be the homeowner's responsibility to replace the fence at the homeowner's expense should it be necessary for the City to remove the fence to repair or replace the drainage or any piping.
Traffic Visibility Easements
Obstructions of traffic visibility at intersections are prohibited by the City visibility ordinance. While this condition applies mostly to corner lots, there could be occasions where non-corner lots are also affected. It is strongly suggested that application be submitted for permit to Building Inspection prior to finalizing your construction plans for details of visibility easements. If a fence is to be placed on the street side of a corner lot, visibility clips may be required (refer to visibility guideline). Such clips are determined by Building Inspection.
Pool and Spa Enclosures
Fences or building walls which are part of a pool, spa, or hot tub enclosure must be a minimum of four (4) feet in height on the exterior and meet other safety features.
An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water. The barrier shall comply with the following:
A. The top of the barrier shall be at least 48 inches (1219mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to 4 inches (102mm) when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the aboveground pool structure. When barriers have exterior horizontal members spaced less than 45 inches (1143 mm) apart, the mid-level horizontal members must have a 45 degree bevel applied to the top surface. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited.
B. Openings in the barrier shall not allow passage of a 1 3/4-inch-diameter (44 mm) sphere.
1. When vertical spacing between such openings is 45 inches (1143 mm) or more, the opening size may be increased such that the passage of a 4-inch-diameter (102 mm) sphere is not allowed.
2. For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to 4 inches (102 mm) when the distance between the tops of horizontal members is 45 inches (1143 mm) or more.
C. Chain link fences are prohibited as pool barriers.
D. Access gates shall comply with the requirements of Items A through C. Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the barrier at least 3 inches (76 mm) below the top of the gate, and (2) the gate and barrier shall have no opening greater than 1/2 inch (13 mm) within 18 inches (457 mm) of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be equipped with lockable hardware of padlocks and shall remain locked at all times when not in use.
Note of High Importance
Electric/ solar/ battery operated gates are not equivalent to self-closing, self-latching pedestrian gates.
Example: Electric/solar/battery operated gates over driveways.
A separate barrier with a self-closing and self-latching gate is required between the pool and the driveway and garage door in the above mentioned example.
"Protect-a-child" fence systems are not permitted in lieu of a permanent barrier.
F. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items A through E. When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with Items A through E.
Note: A separate permit is required for fence construction. This is not included in the pool permit (except for fences less than 20' in length).
Front and Side Yards of Key Corner Lots
Fences located in the front yards may not exceed 3' in height.