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A. Height:

1. Except as otherwise provided, no wall (whether retaining or not), fence or hedge, more than three (3) feet six (6) inches high shall be constructed or maintained nearer to the front or street side property line than the required front or street side building setback line. Retaining walls that lie within the front or street side yard may be allowed to a maximum height of six (6) feet if all of the following three (3) criteria are met:

a. The retaining wall is on a slope gradient that is lower in elevation than the finished roadway surface.

b. Both the retaining wall does not exceed three and one-half (3 ½) feet above an imaginary line created by a horizontal extension of the roadway-finished surface.

c. No vehicular sight lines are obstructed and road “clear zones” are established that are approved by the Town Engineer and meet with approved Traffic Engineering Standards.

2. Fences or hedges, which exceed the above heights, may be built around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof, within industrial zoning districts, when a Special Use Permit has been secured for such purposes. Except as otherwise provided, no nonretaining wall or fence shall exceed six (6) feet in height. Retaining wall heights and nonretaining walls on top of retaining walls with less than fifty (50) percent openness shall follow the standards in Section 5.06 of the Town of Fountain Hills Subdivision Ordinance; however, in no case shall the nonretaining wall exceed six (6) feet in height. These height regulations shall not apply when fences of greater height are required by the Planning and Zoning Commission or Town Council in order to provide adequate screening as required by this ordinance. Note: Those utility companies, which are regulated by the Arizona Corporation Commission, may be allowed increased fence heights due to national, state or local standards.

3. Golf ball fences may be permitted by Administrative Use Permit if all of the following characteristics apply. Requests that do not meet all of the following characteristics can be considered by the Council through a Special Use Permit.

a. Golf ball fences may only be developed on lots that directly abut a golf course or driving range; however, they may not be developed within any front or street-side yard setback.

b. Golf ball fences should only be developed within six hundred (600) feet of the forward-most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances.

c. Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner.

d. The maximum height of a golf ball fence shall not exceed twenty-five (25) feet.

e. Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black.

f. Landscaping should be used where appropriate to obscure the poles from neighboring properties.

4. When necessary to meet pool enclosure requirements, the height of a freestanding fence may exceed six (6) feet.

a. This section shall only apply when all of the following conditions exist:

i. The exempted fence serves as a pool enclosure, and

ii. The exempted fence intersects a retaining wall and such retaining wall is perpendicular to the exempted fence, and

iii. The intersecting retaining wall exceeds eighteen (18) inches in height.

b. If all of the conditions listed in subsection (A)(4)(a) of this section are present, the height of a freestanding fence may exceed six (6) feet by an amount to be determined as follows:

i. The maximum allowable height in excess of six feet shall be equal to the height of the lower side of the intersecting retaining wall plus five (5) feet.

ii. The additional fence height as calculated in subsection (A)(4)(b)(i) of this section shall not extend horizontally more than fifty-four (54) inches as measured from the point of intersection with the lower side of the retaining wall.

iii. Any fence sections erected in excess of six (6) feet according to this section shall be constructed so there are no horizontal members between the top of the fence section and the bottom of the fence section. A minimum of fifty percent (50%) openness is not required in this fence section.

B. Arches: When not located in any required building setback area, an arch in a facade wall may be placed in front of the front plane of the principal building at a height not to exceed twelve (12) feet and a width not to exceed ten (10) feet. One arch, not exceeding twelve (12) feet in height and ten (10) feet in width, may be located along the side or the rear of the principal building if it is not located in the side (interior or street) and required rear yard setback areas.

C. Materials and Design: Fences and walls in all Zoning Districts shall be constructed of material in good repair and be of conventional design. The exterior of any wall or fence must be finished using paint, stucco, decorative block, or any similar process or finish approved by the Zoning Administrator.

D. Swimming Pools: Enclosures are required for private swimming pools along with incidental installations, such as pumps and filters. Such pool and incidental installations are to be located in other than the required front yard and completely enclosed from adjoining lots by a solid wall or protective fence of not less than five (5) feet in height and provided such pool sets back from all lot lines a distance of not less than three (3) feet. Residential structure walls containing an exterior entry door may be used in meeting the pool enclosure requirement.

Any fence/wall used for pool enclosure may not contain any openings that might be used for foothold climbing purposes. Every opening in a required pool fence/wall shall be provided with a minimum five (5) foot high self-closing gate, which shall open outward away from the pool and shall have a self-latching latch or lock in good condition, with the latch/lock placed at least fifty (50) inches above the underlying ground and with the closing device (spring, pneumatic, etc.) at least thirty-six (36) inches above the underlying ground. Any vertical opening or opening at ground level in a pool enclosure fence (e.g. wrought iron) shall be of such size that a spherical object four (4) inches in diameter cannot pass through the openings. Wrought iron or wood barriers or enclosures shall be constructed with at least fifty-four (54) inches between the top surfaces of the horizontal members. All fishponds and other contained bodies of water, either above or below ground level, with the container being eighteen (18) inches or more in depth and/or wider than eight (8) feet at any point measured on the long axis shall conform to the location and enclosure requirements for swimming pools. Irrigation and storm water retention facilities and the water features in public parks and golf courses are exempt from the fencing requirements of this provision. It is the responsibility of the property owner to ensure that any pool enclosure fence and its appurtenances (e.g., gates, latching devices, locks, etc.) are maintained in safe and good working order.

E. Tennis courts: A tennis court may have a tennis court fence that shall not exceed twelve (12) feet in height and shall maintain a minimum of 50% openness. Such fences shall be located no more than ten (10) feet from the edge of the court. Any outdoor lighting shall conform to the standards specified in Chapter 8 of this Ordinance.

F. Basketball Courts: A full court basketball court may have a court fence that shall not exceed twelve (12) feet in height and shall maintain a minimum of 50% openness. Such fences shall be located no more than ten (10) feet from the edge of the court. Any outdoor light shall conform to the standards specified in Chapter 8 of this Ordinance.

G. Day Care Centers and Home Day Care Centers: Day care centers and home day care centers which have swimming pools, fish ponds and other contained bodies of water, either above or below ground level, with the container being eighteen (18) inches or more in depth and/or wider than eight (8) feet at any point measured on the long axis shall conform to the location and enclosure requirements for swimming pools, must provide a separate enclosure between the day care facility and the body of water. Such barrier shall be a solid wall or protective fence of not less than five (5) feet in height and of a distance of not less than three (3) feet from the pool or the day care facility. The day care facility exterior entry door may not be used in meeting the pool enclosure requirement. Any fence/wall used for pool enclosure may not contain any openings that might be used for foothold climbing purposes. Every opening in a required pool fence/wall shall be provided with a minimum five (5) foot high self-closing gate, which shall open outward away from the pool and shall have a self-latching latch or lock in good condition, with the latch/lock placed at least fifty (50) inches above the underlying ground and with the closing device (spring, pneumatic, etc.) at least thirty-six (36) inches above the underlying ground. Any vertical opening or opening at ground level in a pool enclosure fence (e.g. wrought iron) shall be of such size that a spherical object four (4) inches in diameter cannot pass through the openings. Wrought iron or wood barriers or enclosures shall be constructed with at least fifty-four (54) inches between the top surfaces of the horizontal members. (21-04, Amended, 02/16/2021; 18-15, Amended, 01/15/2019)