Chapter 3.2
LANDSCAPING, STREET TREES, FENCES AND WALLS
Sections:
3.2.200 Landscape conservation.
3.2.100 Purpose.
The purpose of this chapter is to promote community health, safety, and welfare by protecting natural vegetation and setting development standards for landscaping, street trees, fences, and walls. Together, these elements of the natural and built environment contribute to the visual quality, environmental health, and character of the community. Trees provide climate control through shading during summer months and wind screening during winter. Trees and other plants can also buffer pedestrians from traffic. Walls, fences, trees, and other landscape materials also provide vital screening and buffering between land uses. Landscaped areas help to control surface water drainage and can improve water quality, as compared to paved or built surfaces. This chapter is organized into the following sections:
SDC 3.2.200, Landscape conservation, prevents the indiscriminate removal of significant trees and other vegetation, including vegetation associated with streams, wetlands, and other protected natural resource areas.
SDC 3.2.300, Landscaping, sets standards for and requires landscaping of all development sites that require land use review and design review. This section also requires buffering for parking and maneuvering areas, and between different land use districts. Note that other relevant standards are provided in Article 2, Land Use (Zoning) Districts, for specific types of development.
SDC 3.2.400, Street trees, sets standards for and requires planting of street trees for shading, comfort, water quality, and aesthetic purposes.
SDC 3.2.500, Fences and walls, regulates the design of fences and walls, including allowable height and materials, to promote security, personal safety, privacy, and aesthetics. (Ord. 08-06 § 3, 2008)
3.2.200 Landscape conservation.
A. Applicability. All development sites containing significant vegetation, as defined below, shall comply with the standards of this section and be subject to development review. The purpose of this section is to incorporate significant native vegetation into the landscapes of development and to protect vegetation in sensitive natural areas. The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and replanting. Mature landscaping provides summer shade and wind breaks, controls erosion, and allows for water conservation due to larger plants having established root systems.
B. Significant Vegetation. “Significant vegetation” means street trees and plants within designated sensitive land areas such as floodplains, hillside protection areas, and wetlands, and trees not within such area that have a caliper of six inches or larger at four feet above grade; except that protection shall not be required for nonnative, invasive plants (blackberries, poison oak, poison ivy, etc.) and any plants designated by the city as prohibited.
C. Mapping and Protection Required. Significant vegetation shall be mapped as required by Chapter 4.2 SDC, Land Use Review and Design Review. Significant trees shall be mapped individually and identified by species and diameter or caliper at four feet above grade. A “protection” area shall be defined around the edge of all branches (drip-line) of each tree. Drip-lines may overlap between trees. The city also may require an inventory, survey, or assessment prepared by an arborist or other qualified professional to determine tree health, construction boundaries, building setbacks, and/or recommended protection or mitigation requirements.
D. Protection Standards. Trees on public lands shall not be removed, cut, felled, trimmed or otherwise damaged or destroyed, except as approved by the city. The city may approve removal or trimming when a tree poses an immediate hazard to public safety as determined by the public works director. Other significant vegetation (including vegetation on private property) identified as meeting the criteria in subsection (B) of this section shall be retained to the extent practicable to protect environmental values and to minimize the risk of erosion, landslide, and stormwater runoff. Where protection is impracticable because it would prevent reasonable development of public streets, utilities, or land uses permitted by the applicable land use district, the city may allow removal of significant vegetation from the building envelope as defined by required yard setbacks. Where yard areas must be disturbed to install streets or utilities, the applicant may be required to restore such areas after construction with landscaping or other means to prevent erosion and to protect the public health, safety, and welfare. With the owner’s consent, the city may accept a land dedication or become a party to a conservation easement on private property for conservation purposes.
E. Mitigation Required. Where removal of or impact to significant vegetation is proposed, or it is reasonable to expect it will be unavoidable during development, the city shall require mitigation through development review. Mitigation shall be proportionate to the loss of significant vegetation. Where complete mitigation on site is not practical due to limitations of the site, the city may accept an in-lieu fee for mitigation which will occur off site.
F. Construction. All significant vegetation on a site that is not otherwise designated and approved by the city for removal shall be protected prior to, during, and after construction in accordance with a limit-of-clearing and grading plan approved by the planning official. The city may require chain-link or other protective fencing around significant vegetation and limit grading activities and operation of vehicles and heavy equipment in and around significant vegetation areas to prevent damage to the resource and to prevent erosion, pollution, or landslide hazards.
G. Tree Felling. Review approval is required for the felling of five or more significant trees on a lot or property inside the city limits within a calendar year. Felling trees at the direction of the city or by the city necessary to remove or alleviate an immediate danger to life or property; removal of any tree that is defined as a nuisance under the Silverton Municipal Code; to restore utility service or to reopen or maintain a public street or easement is exempt from review.
An application following the submittal requirements for a design review shall be submitted to the city for review prior to any tree removal. The city may approve the request when the following review criteria are met:
1. Trees shall be retained in significantly large areas and dense stands so as to ensure against windthrow.
2. Wooded areas that will likely provide an attractive on-site amenity to occupants of future developments shall be retained.
3. Wooded areas associated with natural drainage ways and water areas will be maintained to preserve riparian habitat and minimize erosion. The wooded area to be retained shall be at least 10 feet in width or as required elsewhere in this code.
4. Wooded areas along ridges and hilltops will be retained for their scenic and wildlife value.
5. Tree felling on developable areas will be avoided to retain the wooded character of future building sites and so preserve housing and design options for future city residents.
6. Wooded areas along property lines shall be retained at a minimum width of 10 feet to provide buffers from adjacent properties.
7. The plan for tree felling shall be consistent with the preservation of the site’s future development potential and zoning.
H. Exemptions. The protection standards in subsections (D) and (E) of this section do not apply to:
1. Dead or Diseased Vegetation. Dead or diseased vegetation meeting the criteria for “significant vegetation” may be removed after approval of a Type I land use review.
2. Hazardous Vegetation and Other Emergencies. Significant vegetation may be removed without land use approval when the vegetation poses an immediate threat to life or safety or protection of property (e.g., windstorm damage, fallen-over house, road or power line, blocked drainage way, or similar circumstance). (Ord. 08-06 § 3, 2008)
3.2.300 Landscaping.
A. Applicability. This section shall apply to all new developments requiring land use review and design review.
B. Landscaping Plan Required. A landscape plan is required. All landscape plans shall conform to the requirements in SDC 4.2.500(B)(5).
C. Landscape Area Standards. Landscape areas shall be as provided in the base zone (Article 2) and other applicable provisions of this code (e.g., parking areas, buffering, screening, street trees, etc.).
D. Landscape Materials. Permitted landscape materials include trees, shrubs, ground cover plants, nonplant ground covers, and outdoor hardscape features, as described below. “Coverage” is based on the projected size of the plants at maturity, i.e., typically three years after planting.
1. Existing Vegetation. Existing noninvasive vegetation may be used in meeting landscape requirements. When existing mature trees are protected on the site (e.g., within or adjacent to parking areas) the decision-making body may reduce the number of new trees required by a ratio of one inch caliper of new tree(s) for every one-inch caliper of existing tree(s) protected.
2. Plant Selection. A combination of deciduous and evergreen trees, shrubs, and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions. When new vegetation is planted, soils shall be amended, as necessary, to allow for healthy plant growth.
3. “Nonnative, invasive” plants, as per SDC 3.2.200(B), shall be removed during site development and the planting of new invasive species is prohibited.
a. Trees Prohibited in Right-of-Way. Because of their potential negative impact on public infrastructure, it is unlawful to plant any of the following trees in or on a public right-of-way: box elder, tree of heaven, golden chain, holly, silver maple, bamboo, poplar, willow, conifer, cottonwood, fruit trees (other than ornamental fruit trees), nut trees (other than ornamental nut trees), and ailanthus.
b. Trees Requiring Approval. It is unlawful to plant willow, cottonwood or poplar trees anywhere in the city unless the public works director approves the site as one where the tree roots will not be likely to interfere with public sewers.
4. Hardscape features, such as plazas, pathways, patios and other pedestrian amenities may count toward 10 percent of the required landscape area, except in the commercial districts, where hardscape features may count toward 50 percent of the landscape area; provided, that such features conform to SDC 2.3.170. Street trees, where required, do not count toward the minimum landscape area. Swimming pools, sports courts, decks and similar facilities may not be counted toward fulfilling the landscape requirement in any zone.
5. Ground Cover Standard. All landscaped areas, whether or not required, that are not planted with trees and shrubs, or covered with nonplant material (subsection (D)(8) of this section), shall have ground cover plants that are sized and spaced with a minimum of one plant per 12 inches on center in triangular spacing, or other planting pattern that is designed to achieve 50 percent or greater coverage of all areas not covered by shrubs or trees.
6. Tree Size. Trees shall have a minimum diameter or caliper four feet above grade of two inches or greater at time of planting.
7. Shrub Size. Shrubs shall be planted from five-gallon containers or larger.
8. Nonplant Ground Covers. Bark dust, chips, aggregate, or other nonplant ground covers may be used, but shall cover no more than 50 percent of the area to be landscaped and shall be confined to areas underneath plants. Nonplant ground covers cannot be a substitute for ground cover plants.
9. Significant Vegetation. Significant vegetation protected in accordance with SDC 3.2.200 may be credited toward meeting the minimum landscape area standards. Credit may be granted for trees at a ratio of one caliper inch per inch of tree(s) protected, except that parking lot landscaping shall be provided as required by subsection (E)(3) of this section. The street tree standards of SDC 3.2.400 may be waived by the city when existing significant trees protected within the front yard provide the same or better shading and visual quality as would otherwise be provided by street trees.
10. Stormwater Facilities. Stormwater facilities (e.g., detention/retention ponds and swales designed for water quality treatment), when allowed, shall be landscaped with water-tolerant, native plants.
E. Landscape Design Standards. All yards, parking lots, and required street tree planter strips shall be landscaped to provide, as applicable, erosion control, visual interest, buffering, privacy, open space and pathway identification, shading, and wind buffering, based on the following criteria and standards:
1. Yard Setback Landscaping Design. Landscaping in yards shall:
a. Provide visual screening and privacy within side and rear yards; while leaving front yards and building entrances mostly visible for security purposes.
b. Use shrubs and trees as wind breaks and to screen parking areas.
c. Retain natural vegetation.
d. Define pedestrian pathways and open space areas with landscape materials.
e. Provide focal points within a development, for example, by preserving large or unique trees or groves, hedges, and flowering plants.
f. Use trees to provide summer shading within common open space areas and within front yards when street trees cannot be provided.
g. Use a combination of plants for year-long color and interest.
h. Use landscaping to screen outdoor storage and mechanical equipment areas, and to enhance graded areas such as berms, swales, and detention/retention ponds.
2. Yard Setback Landscaping Requirements. Landscaping requirements listed by type of use:
a. Residential, Single-Family. All front yards (exclusive of access ways and other permitted intrusions) are required to be landscaped with one tree at least six feet in height (two-inch minimum caliper) and two five-gallon shrubs or accent plants per 1,000 square feet of required yard area with the remaining area to be treated with an attractive ground cover (e.g., lawn, bark, rock, ivy, evergreen shrubs) within six months of issuance of an occupancy permit.
b. Commercial and Multifamily. All required yards adjacent to a street (exclusive of access ways and other permitted intrusions) are required to be landscaped with one tree at least six feet in height (two-inch minimum caliper) and five five-gallon shrubs or accent plants per 1,000 square feet of required yard area with the remaining area to be treated with an attractive ground cover (e.g., lawn, bark, rock, ivy, evergreen shrubs) prior to issuance of an occupancy permit.
c. Industrial and Public/Semi-Public. All required yards adjacent to a street (exclusive of access ways and other permitted intrusions) are required to be landscaped with one tree at least six feet in height (two-inch minimum caliper) and five-gallon shrubs or accent plants per 1,000 square feet of required yard area, with the remaining area to be treated with an attractive ground cover (e.g., lawn, bark, rock, ivy, and evergreen shrubs) prior to issuance of an occupancy permit. Where the yard adjacent to a street of an industrially or publicly/semi-publicly zoned property is across a right-of-way from other industrially, commercially, or publicly/semi-publicly zoned property, only 30 percent of such yard area must be landscaped.
3. Parking Areas. A minimum 10 percent of the total surface area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of “evenly distributed” shade trees with shrubs and/or ground cover plants that conform to the criteria in subsections (E)(1)(a) through (h) of this section. “Evenly distributed” means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per 10 parking spaces on average shall be planted to create a partial tree canopy over and around the parking area. Parking areas shall include landscape islands with trees to break up the parking area into rows of not more than 10 contiguous (side-by-side) parking spaces. All parking area landscapes shall have dimensions of not less than 24 square feet of area, or not less than four feet in width by six feet in length, to ensure adequate soil, water, and space for healthy plant growth. Such areas shall have irrigation or temporary irrigation to ensure plant survival and success.
Figure 3.2.300(E)(1) General Landscape Areas (Typical)
4. Screening and Buffering Required. Screening and buffering are required under the following conditions:
a. Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or maneuvering area is adjacent and parallel to a street or driveway, an evergreen hedge, decorative wall (masonry or similar quality material) with openings, arcade, trellis, or similar partially opaque structure six feet in height shall be established between street and driveway. The required screening shall have breaks to allow visibility (natural surveillance) into the site and to allow pedestrian access to any adjoining walkways. Hedges used to comply with this standard shall be a minimum of 36 inches in height at maturity, and shall be of such species, number, and spacing as to provide year-round screening within one year after planting. Vegetative ground cover is required on all surfaces between the wall/hedge and the street/driveway line.
b. Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering area or driveway is adjacent to a building, the area shall be separated from the building by a curb and a raised walkway, plaza, or landscaped buffer not less than five feet in width and six feet in height. Raised curbs, bollards, wheel stops, or other design features shall be used to protect pedestrians, landscaping, and buildings from being damaged by vehicles. Where parking areas are located adjacent to residential ground-floor living space, a four-foot-wide landscape buffer with a curbed edge may fulfill this requirement.
c. Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, and Other Screening When Required. All mechanical equipment, outdoor storage and manufacturing, and service and delivery areas shall be screened from view from all public streets and adjacent residential districts. When these or other areas are required to be screened, such screening shall be provided by:
i. A decorative wall (i.e., masonry or similar quality material);
ii. An evergreen hedge;
iii. An opaque or sight-obscuring fence complying with SDC 3.2.500; or
iv. A similar feature accepted by the approval authority providing an adequate screen.
Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with Chapter 3.1 SDC, Access and Circulation. (See SDC 3.2.500 for standards specific to fences and walls.)
d. Existing Significant Vegetation. Where significant vegetation exists it shall be preserved as a “buffer” around the development/subdivision within the setback areas at a minimum. The reviewing body may require preservation of other tree groves and clusters of significant vegetation through design review or the planned development process when an applicant has requested an adjustment to code standards, as provided under Chapters 4.2 and 4.5 SDC.
e. Between Different Land Uses. Perimeter screening and buffering requirements of Table 3.2.300(E)(2), Table 3.2.300(E)(3) and Figure 3.2.300(E)(4) are in addition to standard setbacks of the applicable zoning district and the yard setback landscaping requirements of subsection (E)(2) of this section. Perimeter screening and buffering shall be located as near to the property line as possible. In a case of two overlapping screening and buffering types, the higher type shall prevail. To determine the type of perimeter screening and buffering required, the following procedures shall be used:
i. Identify the subject property’s zoning district. Identify the adjacent property(ies) zoning district(s) and determine if the property(ies) is developed or vacant.
ii. Determine the perimeter screening and buffering type by referring to Table 3.2.300(E)(2).
iii. Determine the perimeter screening and buffering type standards by referring to Table 3.2.300(E)(3). For the landscaping requirements, all plant units shall be rounded up and existing vegetation may be used to satisfy planting requirements.
iv. Determine the perimeter screening and buffering structures by referring to Figure 3.2.300(E)(4).
v. Screening and buffering requirements for developments adjacent to the city limits or urban growth boundary shall be determined by the community development director or designee.
vi. When the subject property develops prior to an adjacent vacant property, the vacant perimeter screening and buffering type shall be used. When the adjacent vacant property develops, all remaining screening and buffering requirements of Table 3.2.300(E)(2) shall be installed between the two developed uses.
vii. The perimeter screening and buffering standards of this section are not required when properties are separated by a public street.
viii. When different land uses are developed with a planned development, screening and buffering standards between those uses shall be similar to Table 3.2.300(E)(2), as determined by the community development director or designee.
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ADJACENT LAND USE DISTRICT |
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|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
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DEVELOPED |
VACANT |
|
|||||||
|
|
|
R-1 AR |
R-5 |
RM-10 RM-20 DCF |
DC GC P |
IP LI I |
R-1 AR |
R-5 |
RM-10 RM-20 DCF |
DC GC P |
IP LI I |
|
SUBJECT PROPERTY LAND USE DISTRICT |
R-1 AR |
0 |
1 |
2 |
3 |
4 |
0 |
1 |
2 |
3 |
3 |
|
R-5 |
1 |
0 |
2 |
3 |
4 |
1 |
0 |
3 |
3 |
3 |
|
|
RM-10 RM-20 DCF |
2 |
2 |
0 |
3 |
4 |
2 |
2 |
0 |
3 |
3 |
|
|
DC GC P |
3 |
3 |
3 |
0 |
3 |
3 |
3 |
3 |
0 |
3 |
|
|
IP LI I |
4 |
4 |
4 |
3 |
0 |
4 |
4 |
4 |
3 |
0 |
|
|
SCREENING AND BUFFERING TYPE |
PLANT UNITS PER 100 LINEAL FEET |
ADDITIONAL SETBACK OPTIONS (IN FEET) |
PLANT UNIT MULTIPLIER |
STRUCTURE REQUIRED (TABLE 3.2.300(E)(3)) |
|---|---|---|---|---|
|
1 |
2 Canopy Trees 2 Understory Trees |
5.0 7.5 10.0 12.5 |
1.0 0.8 0.6 0.4 |
F-1 F-1 None None |
|
2 |
2 Canopy Trees 4 Understory Trees |
5.0 7.5 10.0 12.5 |
1.0 0.8 0.6 0.4 |
F-2 F-2 F-2 F-2 |
|
3 |
5 Canopy Trees 10 Understory Trees 15 Shrubs |
10.0 15.0 20.0 25.0 |
0.9 1.0 0.8 0.6 |
BW-1 BW-1 F-3 F-3 |
|
4 |
6 Canopy Trees 9 Understory Trees 36 Shrubs 18 Evergreen Trees |
20.0 30.0 40.0 50.0 |
0.6 0.8 1.0 0.8 |
BW-2 BW-2 BW-1 BW-1 |
Perimeter Screening and Buffering Structures
Figure 3.2.300(E)(4)
F. Irrigation. All required landscape areas except for single-family dwellings, duplexes and triplexes shall be provided with a piped underground water supply irrigation unless a licensed landscape architect or certified nurseryman submits written verification that the proposed plant materials do not require irrigation. Irrigation systems installed in the public right-of-way require an encroachment permit. The use of indigenous drought-tolerant plants from the city’s approved plant list is encouraged, and may be required where exposure, slope or soil conditions warrant. Irrigation shall be provided for plants that are not drought-tolerant.
G. Maintenance. If the plantings fail to survive, the property owner shall replace them with an equivalent specimen (i.e., evergreen shrub replaces evergreen shrub, deciduous tree replaces deciduous tree, etc.) within six months of their dying or removal, whichever comes first. All manmade features required by this code shall be maintained in good condition, or otherwise replaced by the owner within six months of any such feature being removed or irreversibly damaged (whichever comes first).
1. Height Requirements. Trees or shrubs growing in the right-of-way or on private property must be trimmed to maintain a minimum canopy height of eight feet above sidewalks, or 12 feet above streets or alleys.
2. Trimming – Specifications – Owner Responsibility.
a. Trees, shrubs or plants standing in or upon any public street or alley, or on private grounds, and having branches projecting into the public street or sidewalk, shall be kept trimmed by the owner or owners of the property adjacent to or in front of such trees, shrubs or plants, growing so that:
i. The lowest branches shall not be less than a minimum of 12 feet above any surface of the street pavement, and shall not be less than 14 feet above the surface of streets designated as state highways;
ii. The lowest branches shall not be less than a minimum of eight feet above any surface of a sidewalk;
iii. The highest branches of any bush or shrub on private property shall comply with the clear vision area requirements.
b. Newly planted trees may remain untrimmed; provided, that they do not interfere with street traffic or persons using the sidewalk, or obstruct the light of any street electric lamp.
3. Trimming – Notice to Comply. Whenever the owner or owners, lessees, occupants or persons in charge of private grounds neglect or refuse to trim any tree, shrub or plant, as provided in this code, the city shall serve upon such owner or owners, lessees, occupants or persons in charge a written notice to trim such tree or trees, shrubs or plants within 10 days after giving of such notice; failure to do so will be considered in violation of this chapter and subject to the penalties provided in this code. Such notice shall be served upon the owner or owners, lessees, occupants, person in charge, or occupant of the property by posting the same upon such property or near to the trees, shrubs or plants to be trimmed.
4. Trimming – City to Perform Work When. If the owner or owners, lessees, occupants or persons in charge of the property fail and neglect to trim such trees, shrubs or plants within 10 days after receiving said notice, the city manager or duly authorized representative may cause any vegetation in or upon any parking strip, street right-of-way or other public place in the city to be trimmed, pruned, or removed.
5. Removal of Trees or Shrubs.
a. The city manager may remove or cause or order to be removed any tree, plant or shrubs, or part thereof, planted or growing in or upon any public street or alley which is in unsafe conditions, which by reason of its nature is injurious to sewers or other public improvements, or is affected with an injurious fungal disease, insect or other pest.
b. Whenever, in the opinion of the city manager, trimming or treatment of any such tree or shrub located on private ground but have branches extending over any public street or alley is deemed necessary, the city manager shall have the power to trim or treat any such branch or branches, or cause or order the same to be trimmed or treated. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
3.2.400 Street trees.
Street trees shall be planted in all new subdivisions and any project classified as a major project, except where specifically exempt under this code or where the reviewing body approves an adjustment to the street design standards under SDC 3.4.100, Transportation standards. Planting of street trees shall generally follow construction of curbs and sidewalks; however, the city may defer tree planting until final inspection of completed dwellings to avoid damage to trees during construction. The planting and maintenance of street trees shall conform to the following standards and guidelines and any applicable road authority requirements:
A. Growth Characteristics. Trees shall be selected based on climate zone, growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. Drought-resistant trees should be chosen where they suit the specific soil type.
B. Caliper Size. The minimum diameter or caliper size at planting, as measured four feet above grade, is two inches.
C. Spacing and Location. The intent of this section is to provide a procession of trees for shade, buffering, pedestrian comfort and aesthetics on all city streets. Street trees shall be spaced so that there is at least one tree planted for every 35 feet of street frontage, except where existing utilities, vision clearance requirements or similar factors preclude such spacing. Actual spacing of trees may vary based on the growth habits of selected trees. See the city of Silverton street trees list.
D. Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, ground cover material, staking, and temporary irrigation for one year after planting. The developer shall also be responsible for tree care (pruning, watering, fertilization, and replacement as necessary) during the first two years after planting, after which the adjacent property owners shall maintain the trees.
E. Assurances. The city shall require the developer to provide a performance and maintenance bond or cash deposit in an amount determined by an estimate provided by the developer or by the community development director, to ensure the planting of the tree(s) and care during the first year after planting.
F. Street Tree List. A list of approved street trees is available at Silverton City Hall. (Ord. 08-06 § 3, 2008)
3.2.500 Fences and walls.
Construction of fences and walls shall conform to all of the following requirements:
A. General Requirements. All fences, walls, or hedges shall comply with the height limitations of the respective zoning district (Article 2, Tables 2.2.120.A and 2.3.120) and the standards of this section. The city may require installation of walls and/or fences as a condition of development approval, in accordance with land division approval (e.g., flag lots), approval of a conditional use, or design review approval. A building permit is required for fences greater than six feet in height (see also SDC 3.2.300 for landscape screening wall requirements). All fences shall be located outside any vision clearance area.
B. Dimensions.
1. The combined height of fences and/or retaining walls and/or other decorative landscape elements (i.e., rocks, railroad ties, etc.) within a front yard setback or in front of the front facade of a building shall not exceed 42 inches as measured from the grade closest to the street right-of-way. Fences in the front yard of corner lots may be six feet in height, provided the fence is 50 feet from the through-curb intersection and set back at least five feet from the property line.
2. Fences built atop retaining walls shall conform to the following standards:
a. When the retaining wall is not adjacent to or abutting a public right-of-way and is less than 30 inches in height from finished grade, the maximum height of the fence shall be six feet in a residential zoning district and eight feet in a commercial or industrial zoning district.
b. When the retaining wall is not adjacent to or abutting a public right-of-way and is greater than 30 inches in height from finished grade, the combined height of the wall and fence from finished grade shall not exceed eight and one-half feet in a residential zoning district and 10 feet in a commercial or industrial zoning district.
c. Fences located on top of retaining walls greater than 30 inches in height from finished grade and not adjacent to or abutting a public right-of-way may exceed the total allowed combined height listed in subsection (B)(2)(b) of this section; provided, that the fence is located a minimum of two feet from the retaining wall and the fence height does not exceed six feet in height with a maximum combined height of 15 feet (the maximum height requirement does not apply to any safety measure required by the International Building Code).
3. One arbor, gate, or similar garden structures not exceeding eight feet in height and six feet in width is allowed per yard; provided, that it is not within a required clear vision area.
4. Walls and fences to be built for required buffers shall comply with SDC 3.2.300.
5. Fences and walls shall comply with the vision clearance standards of SDC 3.1.200.
C. Maintenance. For safety and for compliance with the purpose of this chapter, walls and fences required as a condition of development approval shall be maintained in good condition, or otherwise replaced by the property owner.
D. Materials.
1. Permitted materials: wood, chain-link steel, iron, bricks, stone, rusticated concrete masonry block, stucco, or similar masonry, and nonprohibited evergreen plants are permitted. Poured concrete walls must be striated, battered, scored or have other finished surface. Materials on all projects other than single-family and duplex dwellings on individual lots are subject to review and approval through design review.
2. Prohibited materials: unfinished concrete blocks, straw bales, barbed or razor wire, scrap lumber or other scrap materials, sheet metal, hedges taller than eight feet and similar fence and wall materials are prohibited. Electric fences are also prohibited.
3. Masonry walls exceeding four feet in height are subject to review and approval by the building official. Fences and walls taller than six feet are subject to landscape screening and require a building permit.
(Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)