CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 34
FENCE AND SCREEN REGULATIONS

Section 11-34-1. Purpose and Intent. The purpose and intent of this Article is to provide standards and regulations regarding the location, height, materials, maintenance, and appearance of fences and screens.

[Source: Ord. 972, 1989]

Section 11-34-2. Applicability of Regulations. All new and existing fences, screens, walls, hedges, and retaining walls shall be maintained according to the requirements of this Article. The Uniform Building Code, as contained in Chapter 10, Article 2, of the Northglenn Municipal Code, shall regulate fences and barricades around construction sites.

[Source: Ord. 972, 1989]

Section 11-34-3. Circumstances Requiring Fences and Screens. All new development, redevelopment, and new, changed, or added uses shall provide sufficient screening so that neighboring properties are shielded from any negative impacts from that development and the development is shielded from the negative impacts of adjacent uses such as streets or railroads. All fencing and screening shall be constructed of new or good used material and in a good workmanlike manner.

(a)

General Fencing and Screening. Screening shall be provided between residential and nonresidential development. The developer of an undeveloped property adjacent to an existing development shall be responsible for providing the screening. The screening shall be no less than six feet high and shall be either a privacy fence, a landscaping screen, or a combination of both.

(b)

Noise Barrier Fencing. Where a proposed residential development is adjacent to or traversed by an arterial street or State Highway, the developer shall provide one or a combination of the following methods of reducing noise:

(1)

Noise barrier fencing that meets or exceeds the noise reduction capability of an eight-foot-high, double-sided, wood fence constructed to the standards contained in Section 607 of the Standard Specifications of the Colorado Department of Highways, or any revision of said Section.

(2)

A 100-foot setback for dwelling units from the edge of the arterial street or State Highway, based upon the full design width of the road.

(3)

Any alternative method, approved by the Director of Community Development, that will reduce the projected noise level from the arterial street or State Highway to 67 dBA for the Leq(h) during peak traffic hour for the future design year, measured at the exterior face of wall of any dwelling unit facing the arterial street or State Highway.

(c)

Fencing and Screening Along Arterial Streets.

(1)

For any existing development or dwelling, any new or replacement fence or screen along a rear or side property line abutting an arterial street shall be no less than six feet high and shall be either a privacy fence, a landscaping screen, or a combination of both.

(2)

On corner lots, arterial fencing or screening shall comply with the corner vision triangle and height requirements of this Article.

(3)

When a new fence is constructed along an arterial property line adjacent to and along an existing fence, the existing fence including posts shall be removed.

(4)

Direct vehicular access to arterial streets from abutting properties zoned single-family residential is prohibited. Openings in screens or gates in fences for such access is prohibited except where an arterial is the only access to the property.

(d)

Swimming Pools. Swimming pools shall be fenced in accordance with the requirements of the Northglenn Swimming Pool Code as contained in Chapter 10, Article 8, of the Northglenn Municipal Code.

(e)

Mechanical Equipment. Building support equipment, including air conditioning and heating devices, but not including plumbing or exhaust vents, chimneys, or gas and water meters, shall be screened from view from abutting streets or properties. Roof-mounted equipment shall be screened by architectural features. Equipment at grade adjacent to the building shall be screened by landscaping or a privacy fence. Single-family detached dwellings and agricultural structures are excepted from the requirement to screen mechanical equipment.

(f)

Outdoor Storage in Industrial Zones. Outside storage in Industrial Zones shall be screened on all sides by a privacy fence or screen no less than six feet high. Materials stored outside in Industrial Zones shall not protrude above the height of the fence or screen.

(g)

Trash Enclosures. Except for single-family dwellings, outdoor trash storage areas shall be so located or enclosed that trash or trash containers are not visible to persons standing at ground level on public streets or adjacent properties. Trash enclosures, when necessary, shall provide screening by use of a privacy fence or wall no less than six feet high. Trash enclosures shall generally be of the same color and material as the principal building on the site.

All trash storage areas shall be brought into conformance with this Section 11-34-3(g) not later than July 1, 2000.

[Source: Ord. 972, 1989; 1193, 1998]

Section 11-34-4. Materials Used for Fences, Screens, and Hedges. All fences and screens shall be of consistent design and material which is either new material or good, unbroken used material.

(a)

Permitted Materials. Along any property line or in any building setback where visible from a public street, permitted materials include chain link, wood, masonry, decorative wrought iron, plastic or other manmade material manufactured for the purpose of fencing, or decorative tubular steel. Unless otherwise indicated in this Section, any other material requires approval by the Planning Commission.

(b)

Prohibited Material. Fences or screens constructed of chicken-wire, plastic, unless manufactured for the purpose of fencing, or plywood are prohibited along any property line or in any required building setback where visible from a public street.

(c)

Barbed Wire. Except in agricultural zones, industrial zones, designated hazardous locations, and when and where approved by the City Manager or his designee as not posing an unreasonable hazard, the use of barbed wire or other sharp pointed material as fences or screens or on top of fences, screens or retaining walls, is prohibited. Except in agricultural zones, barbed wire shall be allowed no lower than six feet above grade.

[Source: Ord. 1337, 2003]

(d)

Electrically Charged Fence. No electrically charged fence shall be erected or maintained, except in agricultural zones.

(e)

Wood Posts. Wood posts shall be redwood, cedar, all heartwood cypress, or any species of wood pressure-treated with an approved preservative.

(f)

Hedges and Plantings. Plants which have thorns, spines, or prickles shall not be planted, maintained, or allowed by the property owner to encroach upon public right-of-way.

[Source: Ord. 972, 1989; 1193, 1998]

Section 11-34-5. Height of Fences, Screens, and Hedges.

(a)

Exemptions From Height Limitations. The height limitations of this Section do not apply to any fence enclosing part of all of a tennis court, swimming pool, playing field, park, recreation facility, electric substation, gas regulator station, sand and gravel excavation, or noise barrier fences approved by the Director of Community Development.

(b)

Maximum Height. The maximum height of any fence or screen shall be eight feet. Grade level for establishing fence or screen height shall be the average of grade measured three feet from each side of the fence or screen.

(c)

Within the Front Setback. No fence, screen, or hedge of any type more than 42 inches in height shall be permitted between the front setback line of the building and the front property line. Fences, screens, or hedges up to eight feet in height in the front setback are allowed in industrial zones when approved by the Planning Commission.

(d)

REPEALED.

[Source: Ord. 1337, 2003]

Section 11-34-6. Design of Fences, Screens, and Retaining Walls.

(a)

Wind load. All fences, retaining walls, and screens shall be designed in accordance with the requirements of the Uniform Building Code as contained in Chapter 10, Article 2, of the Northglenn Municipal Code.

(b)

Framing Side of Wood Fence. The exposed framing of a wood fence shall face the interior yard when the fence abuts a street.

(c)

Picket Fences. Picket fences less than five feet in height shall have the top of the pickets sawed or rounded to a blunt end.

[Source: Ord. 972, 1989]

Section 11-34-7. Fences, Screens, and Hedges on Public Right-of-Way.

(a)

Revocable License for Fences, Screens, and Hedges on Public Right-of-Way. Property owners installing or causing to be installed a fence, screen, or hedge within public right-of-way shall execute a Revocable License on forms furnished by the City to be filed in the Office of the Adams County Clerk and Recorder. Such license shall place full responsibility upon the property owner for any loss of life, injury, or injuries, or damage to any property that may be sustained by any person or persons in connection with the erection and maintenance of said fence, screen, or hedge and shall save harmless the City from any liability arising out of the erection and maintenance of such fence, screen, or hedge. All rights and privileges acquired under the provision of fences, screens, and hedges on public right-of-way are mere Revocable Licenses and may be revoked at any time by the City Engineer. Nothing herein contained shall be construed to obligate the City to issue a Revocable License as to any particular fence, screen, or hedge.

(b)

Regulations Governing Fences, Screens, and Hedges on Public Right-of-Way. A property owner may install, or cause to be installed, in residential and mobile home districts a fence, screen, and/or hedge on City property in front and/or on the side of his or her own property provided:

(1)

Such fence, screen, or hedge installed in front of the required front yard setback shall be installed and maintained as specified for front yard fences, screens, and hedges and fences, screens, and hedges on corner lots. Such fence, screen, or hedge back of the required front yard shall be installed and maintained, as required for fences, screens, and hedges on corner lots, side and rear yard fences, screens, and hedges.

(2)

Heights of such fences, screens, or hedges shall be measured from sidewalk grade. When no sidewalk exists, sidewalk grade shall be established by the City Engineer.

(3)

Such fences, screens, and hedges may be installed in R-1, R-1-A, R-1-B, R-1-C, and Mobile Home districts paralleling public sidewalks, provided said fence or screen or projection of said hedge is at least six inches from the public sidewalk, and the public sidewalk is not less than two feet, eight inches in width.

(4)

Such fences, screens, and hedges may be installed and maintained in R-2, R-3, R-3-A, and R-4 residential districts paralleling public sidewalks, provided said fence or screen or projection of said hedge is at least two feet from the public sidewalk, and the public sidewalk is not less than four feet in width. Such fences, screens, and hedges may be installed and maintained within two feet from the public sidewalk, provided that the public sidewalk is not less than six feet in width and provided further that hedges shall not project within six inches of the public sidewalk.

(5)

The City Engineer may require additional sidewalk widths and fence, screen, or hedge setbacks when additional requirements would be to the best interest of the City.

(6)

Such fence, screen, or hedge shall not be installed in any manner or of any material so as to endanger the health and safety of the general public, including but not limited to sharp edges protruding over sidewalk or materials such as rough hewn logs, etc.

(c)

Fees. The applicant for a fence, screen, or hedge on the public right-of-way is responsible for paying the application fee established by Section 11-45-10 of this Municipal Code and any recording fees.

[Source: Ord. 972, 1989]

Section 11-34-8. Approval of Fences, Screens, and Retaining Walls.

(a)

Building Permit Required. A Building Permit is required for any fence or any screen not exclusively consisting of plant material more than 30 inches in height, or for any retaining wall more than 36 inches in height.

(b)

Plans. Plans showing proposed construction, material, location, and height of the fence, screen, or retaining wall shall be presented to the Building Inspector before a permit is issued. A property survey or plot plan shall be included in or presented with the plans.

[Source: Ord. 972, 1989]

Section 11-34-9. Maintenance and Repair of Fences, Screens, and Retaining Walls.

(a)

All fences, screens, and retaining walls shall be maintained in sound condition and good repair at all times. When a fence, screen or retaining wall is declared by an officer to be dilapidated or hazardous, the officer shall order that the fence, screen or retaining wall to be removed or repaired to a sound condition. Dilapidated shall include but not be limited to fences or screens which have broken or missing planks or portions, or which are out of plumb by more than one inch per foot of height measured at the posts.

[Source: Ord. 1337, 2003]

(b)

Areas adjacent to fences, screens, hedges, and retaining walls shall be maintained in a clean, sanitary manner and shall be free and clear of all debris, trash, and weeds.

[Source: Ord. 972, 1989]

Section 11-34-10. Reserved.

[Source: Ord. 972, 1989; 1130, 1995]