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Home My WebLink AboutORD 15870 BILL N0. 34 ORDINANCE N0. 1587 AN ORDINANCE TO AMEND TITLE VI, CHAPTER 3, SECTION 1(D)3 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, REGARDING ZONING REGULATIONS BY DELETING AND ADDING CERTAIN LANGUAGE PERTAIN- ING TO FENCES, WALLS AND HEDGES; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF CALDWELL: Section 1. That Section l(D)3, Chapter 3, Title VI of the Municipal Code of the City of Caldwell be amended to read as follows: � - 3 - 1� 8�3�-- Fenees,- walls - and - hedges - aye- pe��ltted -la -and �e�a }red- �a�d- e�- ale�g- the - edge -a €- and- �a�d -te -a- height -e €- sly- €eat f� } p�s�lded- that- xe- €enee wall -ems- hedge - slang- the - suedes- e� -f�ent edge - a € - and- €went - aid- shall- he- evep- thpee Peet - E3i } - height - - -9a a- ea�ne�- let -ln- and- �esldeat} al- dlst� }et;- slgh�- ehst�aet�eas- a € -and natare -shall - net - extend -iftepe- than- thpee -Pe et- - }n- hei-ght -aheve the- ex} sti ng- 9entepllne- ve ad- eI9vatlen- wlthln- the- vlsle1q- tPlangle -ef �ehlele- e�e�ate�s�- the- heanda�les -e €- the- � }s }en- t�langle- being- de €lned b�- �easa�l�g -f�e�- the- �nte�seetlae -e €- the - edges - a €- twe- �� }- ad�aeent �ead�a�s- fe�t�- feet - X491 }- ale�g- eaeh- �eadwa�- and- eenneeting- the -twe �� }- paints- with -a- stoma }ght - line. -- -the- edge -e €- the- �ead�a� shall - he def }ned -as- the- eeph -1 Inez -- The- sight- dla4anee- ehstpee#1Gn- is -alse app�leahle- te- �all�ead- highway - grade- e�ess }ngs- with- �ls } ee - t�langle de €Reed- hy- fiaeasuPing- fepty- €eat - gl }- slang- the - tea }head- p�epe�ty -line. 6 - 3 - 1(D)3 Fences, walls and hedges (a) It shall be unlawful for any person t construct or place a fence upon any p within the corp li mits of the City of Caldwell without first having applied fo an obtained from the Building Official a permit to do so and without thereafter complying with all of t provisi of said permit (b) The only fences permitted to be constructed on street rights- of-way are solid fences to a height of 36" (3 feet) or vision fences to a height of 48" (4 feet) and they are subject to sidewalk and sight triangle restrictions set forth herein In commercial and industrial areas, permission to construct ORDINANCE - 1 V • fences on rights -of -way must be obtained from the City Council. ( c) For the purposes of this section, walls, lattice work screens, hedges and plantings shall be considered to be fences and shall be built and maintained in compliance with the provisions hereof (i) Electric fences and barbed wire fences are pro hibited within the corporate limits of the City of Caldwell except in those instances where it can be demonstrated to the Building Official that their use is solely for the containment of animals kept within the City of Caldwell in compliance with City animal control regulations. The City Building Official shall have the authority to and may revoke authorization for an electric or barbed wire fence erected within the City upon declaration of a finding by him that their presence constitutes a detriment to the public health, safety or welfare, or is potentially in3urious to persons, properties or improvements in the vicinity (ii) Barbed wire may be permitted in commercial and indus trial zones when used as the top section for security fences and shall be a minimum of seventy -two inches (72") above grade (iii) The use of dangerous material such as boxes, sheet metal or broken masonry blocks for fencing is hereby prohibited (iv) No fence shall be permitted in the sidewalk area or in a location that will impair the construction of sidewalks (v) In the event any fence restricts access to established rights -of -way or easements, it shall be the fence owner's responsibility, at his expense, to provide access upon demand of the City or other entitled party ORDINANCE - 2 0 • (vi) Fences which deprive adjacent properties of a natural view of a landscape which is a contributing factor in the value of the land are prohibited (vii) The sight or clear vision triangle is defined by measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40 along each roadway and connecting the two points with a straight line. The edge of the roadway shall be defined as the curb. The sight distance obstruction is also applicable to railroad- highway grade crossings with vision triangle defined by measuring forty feet (40 along the railroad property line d) Residential Districts: i) Interior lots: Solid or closed non - vision fences to a height of thirty -six inches (36 "), or open - vision type fences to a height of forty -eight inches (43 "), may be built from the front of the dwelling unit to a distance of five feet (5') from the curb or to the inside of the existing sidewalk. Fences to a height of seventy -two (72 inches may be built from the front of the dwelling unit to the rear property line (ii) Corner Lots (1) Any fence within the clear vision triangle, as defined by this ordinance. shall be limited to thirty -six inches (36 in height measured from the crown of the street (2) Solid or closed non - vision fences to a height of thirty -six inches (36 or open- vision type fences to a height of forty -eight inches (43 ") may be built to a distance of five feet (5') from the curb or to the inside of an existing sidewalk to the front of the dwelling unit. A fence of seventy -two inches (72 ") in height may be built along side property lines from the front of the ORDINANCE - 3 0 • dwelling unit to the rear property line pro vided that no fence which exceeds thirty six inches (36 in height may be erected in the clear vision triangle, with the following exception In a rear yard or a side yard of a corner lot abutting an adjacent front yard, fence height is restricted to solid or closed non - vision fences of thirty -six inches (36 " and open- vision type fences of forty -eight inches (48 unless an agreement is obtained in writing from the property owner of the ad jacent front yard involved e) Commercial or Industrial Zones: Fences not to exceed eight feet (8 in height may be located or maintained on any property line except within the boundaries of the vision triangle. In the case of security fences when a barbed wire top section is desired, the eight feet (8 maximum height limitation may be exceeded by up to thirty inches (30 " solely and exclusively by the barbed wire security top section (f) Fences Required for Sight Obstruction (i) Certain uses are declared and other uses may be declared in the future by the City to possess charac teristics such that sight obstruction is required to preclude damage, hazard, nuisance or other detri ment to the public health, safety or welfare, or to be materially injurious to property or improvements in the vicinity (ii) Fences required to obtain sight obstruction where required by provisions of this ordinance shall be of a solid or non - vision type and of not less than eight feet (8 in height from the level of the ground and completely obscuring from outside view the use requiring sight obstruction (iii) The following uses are declared to require sight obscuring fences ORDINANCE - 4 l (1) Junk yard (2) Wrecking yard (3) Equipment or vehicle salvage storage yard (4) Sanitary landfill (5) Other uses not specifically listed but deter mined to be similar in nature to the afore Section 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication accord- ing to law. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL this 9th day of D ecember J 1980. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL this 9 th day of December J. 1980. ATTEST: City Clerk ORDINANCE - 5