This article sets forth the requirements, standards and locations for placing fences on private property within the city of South Lake Tahoe. In addition, this article establishes procedures to bring fences into conformance.
(Ord. 903; Ord. 1152 § 2; Code 1997 § 5-30)
This article shall apply to all new fences constructed on private property after the date of adoption. All fences built prior to the date of adoption of the ordinance codified in this article may remain subject to the conditions of this article.
(Ord. 903; Ord. 1152 § 2; Code 1997 § 5-31)
(Note: The intent of the setbacks within this chapter is to insure an adequate setback for snow removal and sight safety. As a result, each setback assumes a minimum distance between the road travelway and the property line of four feet. Should this not be the case, the staff has the right to modify the setback accordingly or require the additional standards for fences within setbacks.)
A. 
Commercial/Public Service. All commercial/public service land use classifications shall conform to the following:
1. 
Front Yard.
a. 
Maximum three feet high up to 20-foot front yard setback.
b. 
Maximum eight feet high at and beyond 20-foot front yard setback.
2. 
Side Yard.
a. 
Interior. Maximum eight feet high between front yard setback and rear property line.
b. 
Street.
i. 
Maximum three feet high up to 15-foot street side yard setback.
ii. 
Maximum eight feet high at and beyond 15-foot street side yard setback.
3. 
Rear Yard.
a. 
Interior. Maximum eight feet high on rear property line.
b. 
Street.
i. 
Maximum three feet high up to 15-foot street rear yard setback.
ii. 
Maximum eight feet high at and beyond 15-foot rear yard setback.
B. 
Other Land Use Classifications. Recreation and conservation land use classifications shall conform to the residential land use classification fence heights and setbacks contained in Chapter 6.85 SLTCC.
(Ord. 903; Ord. 1152 § 2; Code 1997 § 5-32)
A. 
Commercial/Public Service. All commercial/public service land use classifications may conform to the following alternatives:
1. 
Front Yard. No alternatives.
2. 
Side Yard – Interior. No alternative.
3. 
Street Side Yard. The six-foot-high street side yard fence may be placed within the 15-foot street side yard subject to:
a. 
The land area between the street side yard and the fence shall be landscaped with ground cover, shrubs and trees. A landscape plan, including a method of irrigation, shall be submitted for review and approval by the planning division; and
b. 
That a "clear zone" be maintained at the street corner, whether the intersection is controlled or not; and
c. 
That a "clear zone" be maintained for all access drives through the street side yard equal to the depth of the zoning code building setback; and
d. 
A hold harmless agreement shall be provided; and
e. 
Must conform to construction standards.
4. 
Street Rear Yard. No alternatives.
B. 
Other Land Use Classifications. No alternatives.
(Ord. 903; Ord. 1152 § 2; Code 1997 § 5-33)
A. 
General.
1. 
A fence may be constructed of a permanent material such as wood, chain link, stone/rock, concrete block/brick, iron or other material approved by staff. Nondimensional lumber may be used if the fence is a split-rail fence or log type fence.
2. 
Fencing types prohibited include, but are not limited to, barbed wire (see exception), razor wire, chicken wire, electrified fences, pallet fences, trailers or other similar storage units, spiked fences, paper, visqueen plastic and the like.
Wire mesh fences shall be allowed, provided the following standards are met:
a. 
The wire is of a heavy gauge (10 or greater); and
b. 
The supports meet the same design standards for wood fences; and
c. 
The wire mesh shall not be galvanized.
B. 
Wood.
1. 
All wood fences shall conform to:
a. 
Material shall be of dimensional lumber that has been milled into standard sizes of two-by-four, four-by-four, four-by-six, one-by-six, one-by-eight, etc.
b. 
Wooden fence posts shall be redwood, cedar, or pressure-treated material.
c. 
Fence post holes shall be a minimum of 12 inches in diameter and 27 inches deep.
d. 
The lower three inches of the post hole shall be filled with three inches of gravel or crushed stone.
e. 
Post holes shall be filled with concrete after installation of the post.
f. 
Fence specifications:
Height (in feet)
Post Size (inches)
Space between Posts (in feet)
3
4x4
8
4
4x4
8
5
4x4
8
6
4x4
8
7
Height requires separate application to building division for permit
8
Height requires separate application to building division for permit
g. 
Fences within setback areas:
Height
Post Size
Space between Posts
3 to 6 feet
4x6
6
(Cannot exceed six feet between posts in setback)
h. 
All wooden fence designs shall incorporate cross rails that run horizontally at approximately eight inches up from ground level and eight inches down from the top of the fence. Cross rails shall be a minimum of two by four. Cross rails shall be attached to posts with a minimum of two 16d galvanized box nails at each end. It is suggested that metal hangers be used to give additional support, especially if the fence is within the city's snow storage easement. All fence boards shall be attached with a minimum of two 8d galvanized nails at each end.
i. 
Wooden fences in setback areas shall be constructed with the fence boards applied to the street side of the fence.
j. 
Alternate construction standards and designs will be considered. Engineering calculations, consistent with the city building department codes, shall be submitted to the building department to justify the design.
C. 
Chain Link Fences. The following chain link fencing standards shall be applied to any public or private property within the city. (Single-family dwellings are not exempt.)
1. 
Chain link fencing shall require city planning department approval to determine compliance with applicable standards. If the proposal is in compliance, city staff shall approve the fencing. At the discretion of the zoning administrator, any noncomplying proposal may be forwarded to the planning commission for final determination. Any decision of the planning commission arising out of this chapter's provisions is appealable pursuant to Chapter 2.35 SLTCC.
2. 
The standards for chain link fencing shall not be applied to:
a. 
Fences erected for construction site purposes, so long as such fencing is to be removed within six months after its placement on the site. The planning staff may extend this time on a case-by-case evaluation if the following findings can be made:
i. 
The property owner can demonstrate that he/she has exercised due diligence in working toward the completion of the project. Construction activities have been undertaken and completed in accordance with a set of approved construction plans.
A property owner shall not be deemed to have failed to exercise due diligence in any case where inclement weather has halted construction, the discovery of site contamination due to the existence of hazardous materials or other significant health hazards results in delays imposed by the El Dorado County health department or any other governmental entity having jurisdiction, or legal proceedings have occurred which have delayed construction beyond the control of the property owner.
ii. 
A schedule for removal of the fence is submitted which, in the reasonable discretion of city staff, provides a removal date that coincides with the estimated construction completion date, as may be mutually agreed upon by the city building official or his designee, planning department staff and the property owner.
b. 
Any chain link fencing which is not visible from the public right-of-way or adjacent property.
3. 
Fencing erected prior to the effective date of the ordinance codified in this article which does not conform to the standards provided in this article shall be allowed to remain pursuant to SLTCC § 6.10.260, Nonconforming fence regulations.
4. 
The standards applicable in reviewing chain link fencing (excluding construction fencing, see subsection (C)(2) of this section) shall be as follows:
a. 
Chain link fencing shall conform to all applicable standards within this section regarding location, height and setbacks.
b. 
Use of chain link fencing shall be limited to protecting property while allowing for the visual surveillance of the property from outside the fence.
c. 
By the design of chain link fencing, the interior of the property is exposed to view. As a result, landscaping, building orientation and design, parking and storage enclosed by chain link fencing shall conform to applicable city ordinances, regulations and design review standards to ensure an attractive as-built environment.
d. 
Randomly spaced evergreen and deciduous trees, as well as boulders or other appropriate landscaping devices, shall be placed on either side of the fencing to enhance the natural environments.
e. 
Redwood slatted chain link or other slating material in chain link fencing is prohibited in commercial areas as it interferes with visual surveillance and does not provide permanent and adequate screening for sight-obscuring purposes.
f. 
Color. Galvanized chain link fencing (i.e., poles, mesh, bracing, etc.) is prohibited. Black, brown or green colored vinyl coated chain link fencing (i.e., poles, mesh, bracing, etc.) shall be used.
g. 
Construction. Chain link fencing shall be constructed in such a manner as to compensate for snow load and wind load. This shall include, but not necessarily be limited to, the following construction guidelines:
i. 
The use of wooden posts, pressure-treated or redwood, is encouraged as replacements for metal posts. Such wooden posts should be a minimum of six inches by six inches.
ii. 
Metal posts, if used, shall have a minimum diameter of two inches if over six feet in height, or a minimum diameter of one and one-half inches if less than six feet in height.
iii. 
Tension wires shall replace the standard "top rail" in chain link fence construction, with wire connectors anchoring the tension wire to the fabric at a minimum interval of one every six inches due to snow and ice buildup.
iv. 
Construction standards shall conform to the State of California Department of Transportation specifications.
h. 
Layout. Long straight runs on chain link fencing should be avoided. Chain link fencing should be laid out with offsets randomly set, depending on the site.
D. 
Clear Zones. For the purpose of creating visibility to and from the public right-of-way, as well as preserving adjacent property views, the following "clear zones" are required:
1. 
Street Corner. That a "clear zone" be maintained at the street corner, whether the intersection is controlled or not. The clear zone is created by extending the front property line and street side property line to a point and measuring from the point along the front property line and street side yard property line to a distance of 25 feet to a point and connecting these two points to create a "clear zone" triangle (see Figure B in this section).
2. 
Garage/Access Drives. That a "clear zone" be maintained for all garages and access drives. This clear zone created by drawing a 45-degree angle from each side of the garage door opening (or width of access drive away from the driveway). This 45-degree angle shall terminate at the alternate setbacks (see Figure B in this section).
3. 
Interior Property Lines. That a "clear zone" be maintained between adjoining interior property lines should an alternative fence setback be used. This clear zone is created by measuring along the interior property line the distance equal to the standard fence setback to a point. From the point, draw a 45-degree angle onto the property that is taking advantage of the alternative fence setback, to a point where the 45-degree line intersects the alternative fence setback (see Figure B in this section).
4. 
General. Nothing over three feet high may be placed within the "clear zone." A tree is permitted within the clear zone if its branches are eight feet above ground level.
E. 
Exceptions.
1. 
Retaining walls for erosion control are not considered a fence and therefore are exempt from the setback requirement unless:
a. 
They are over three feet high in the front or street side yard; and
b. 
Located within the "clear zone."
2. 
On double frontage lots (e.g., lots with two street frontages and not a corner lot) the property owner shall stipulate the yards. If the rear yard adjoins a street, it shall have no setback, unless:
a. 
A vehicle access is provided in which case a "clear zone" shall be maintained; or
b. 
If the rear fence is adjacent to another property's front yard, then a clear zone shall be maintained between all driveways on either property.
3. 
Barbed wire or spiked fencing may be permitted by staff, subject to the following:
a. 
The barbed wire (three strands or less) or spiked fence tops are placed on the top of a six-foot or taller fence; and
b. 
The subject property has documented a security problem. Examples of such documentation could be from the FAA mandating the use of barbed wire, police report indicating vandalism, or the necessity to keep stored items outside that could be considered a potential safety hazard, such as electrical transformers and the like. Such documentation shall be subject to city review on a case-by-case basis; and
c. 
The barbed wire or spiked fence will be screened with landscaping, subject to city review and approval; and
d. 
The fence is a conforming fence; and
e. 
The property has a documented security problem as noted in subsection (E)(3)(b) of this section; and
f. 
Provide a hold harmless agreement for the city; and
g. 
The supports shall also be colored to match the fence posts and fabric; however, the barbed wire does not have to be colored to match.
4. 
Entrance portals (does not have a gate) may be permitted by staff, subject to the following:
a. 
Obtain a building permit; and
b. 
Provide a hold harmless agreement for the city; and
c. 
The portal, if located within the clear zone of the driveway, cannot block the views of those entering or leaving the site. Any structure greater than a six-inch-by-six-inch post within eight feet of the ground shall be considered as blocking views.
F. 
Maintenance. All fences and landscaping required for the alternative fence height and the limited use of barbed wire or spiked fence (see exception above) shall be properly maintained so as not to present a safety hazard or nuisance or a blight to the neighborhood. Failure to maintain the fence and/or landscaping as required by the alternative fence standards is considered to be a violation of this article.
(Ord. 903; Ord. 1105 § 1 (Exh. B); Ord. 1152 § 2; Code 1997 § 5-34)
"Nonconforming fence" means a fence which does not comply with one or more provisions of this article, such as height, material, setback, or clear zone, as of the date of the ordinance codified in this article.
A. 
Continuation and Maintenance. A nonconforming fence may be continued, and may be maintained, except as provided in this article or otherwise provided by law.
B. 
Adding on to Nonconforming Fences. No person shall add on to a nonconforming fence in any manner which increases its nonconformance, such as:
1. 
Nonconforming Height. Adding additional height or adding additional fence length to the nonconforming fence.
C. 
Maintenance or Repair of Existing Nonconforming Fences. Maintenance or repair, including structural repairs, may be made to any nonconforming fence or portions thereof, provided the nonconforming portion(s) of the fence is not changed or if the change does occur, it is in conformance with the code. Examples allowed include:
1. 
Maintenance: replacing of existing four-foot-high nonconforming fence boards with new four-foot-high boards.
Conformance maintenance: replacing the four-foot-high boards with three-foot-high boards for fences within the front yard setback.
2. 
Repair: replacing existing two-by-four posts with new two-by-four posts.
Conformance repair: replace the two-by-four posts with four-by-four posts.
D. 
Reconstruction of Damaged Nonconforming Fences. A nonconforming fence damaged by fire or calamity may be reconstructed. If the fence is reconstructed, the nonconforming portions of the fence which relate to the health, safety and welfare shall be brought into conformance with this code. Health, safety and welfare include fences within the front, street side yard and "clear zones" which do not meet the provisions of this code including construction standards. Such examples of health, safety and welfare include:
1. 
A fence within the eight-foot street side yard that is destroyed as a result of a heavy winter that has four-by-four posts at eight feet on center may be rebuilt if the fence conforms to the standards of having four-by-six posts at six feet on center.
2. 
A six-foot fence within the front yard setback may be rebuilt if the fence height is reduced to three feet.
3. 
A five-foot fence within a "clear zone" may be rebuilt if the fence height is reduced to three feet.
E. 
Compliance. All portions of nonconforming fences shall be brought into conformance with this article, including meeting the required construction standards, when:
1. 
The nonconforming fence is clearly on the subject property; and
a. 
The property owner applies to the building department for a building permit which requires a site plan, such as a new house, garage, carport, second story additions, exterior remodeling, new decks, re-siding and the like.
2. 
The nonconforming fence is on the property line; and
a. 
The property owner, who applies to the building department for a building permit, does not have complete control over nonconforming portions of the fence, as evidenced by a land survey or other accurate means to determine property lines and fences as approved by staff, shall not be required to bring the nonconforming portions of the fence into conformance.
The following shall not require compliance: re-roof, interior remodel, electrical and gas conversions and the like.
(Ord. 903; Ord. 1152 § 2; Code 1997 § 5-35)
An "across-the-counter" fence permit shall be issued by the planning division, on a form provided by the division for all new fences constructed after the adoption of this article. Said application shall include, but not be limited to, a plot plan showing the following:
A. 
Property lines and paved street location;
B. 
Building locations;
C. 
Existing and new fence locations;
D. 
Building and fences on adjacent property;
E. 
Fence height;
F. 
Construction standards.
It is the property owner's responsibility to determine all property lines and assume all liability in regard to curb disputes and any claim in regard to snow removal.
Construction of a fence or performing repairs without a fence permit shall be considered a violation of this article. Should a fence exceed six feet, a separate permit from the building department will be required.
(Ord. 903; Ord. 1152 § 2; Code 1997 § 5-36)
The fence standards shall be enforced through the planning division.
Should a fence be found to not be in compliance with this article, the owner has the following options:
A. 
Modify the fence to conform to the requirements; or
B. 
Seek a variance through the variance process contained in Chapter 6.55 SLTCC.
Should the property owner fail to comply with the standards within this article, the property owner shall be considered in violation of this article and subject to the code violation process. This process may culminate in either removal of the fence, or a fine or both.
(Ord. 903; Ord. 1152 § 2; Code 1997 § 5-37)