Fences

All new fences and retaining walls shall be required to be in conformance with Garden City Code 8-4A-4. Legal nonconforming fences and retaining walls (meaning that they were legal, including all permits at the time that they were constructed) may remain so as long as there are no significant improvements to the site or they are specifically conditioned in a conditional use permit.
Permit Required
  • Anyone constructing a fence or wall over eight feet (8) in height shall first obtain a design review approval and a building permit from the city prior to construction.
  • Any fence located in the floodway shall secure applicable permit(s) from the city and all agencies with jurisdiction prior to construction.
Height and Setback Requirements
  • Fences along public street frontages or within front yard setbacks shall not exceed three and one-half feet (3.5') in height. However, fences may be up to six feet (6') in height if:
    • They are set back to be flush or behind a permanent building; or
    • In the absence of a building the fence, shall be set back minimally ten feet (10’) from the back of sidewalk, or in the absence of a sidewalk the fence shall be set back 10’ from where a code compliant future sidewalk would be located, so as to allow for street trees and landscaping between the fence and the sidewalk system.  The area between the fence and the sidewalk, or a future sidewalk, shall be maintained with Type A or Type B landscaping.
  • Fences and retaining walls are prohibited within 5’ of the Greenbelt or Nature Path travel way.
  • Fences located within five to fifteen feet (5’-15’) of the Greenbelt or Nature Path travel way, or adjacent to a public park, shall not exceed three-and one-half feet (3.5’) in height, unless:
    • The fence is six feet (6’) in height or less and is concealed from view with Type A landscaping between the fence and the Greenbelt or Nature Pathway, or;
    • The fence is six feet (6’) in height or less, is designed to be see-through or non-privacy (e.g., wrought iron), and is accompanied by Type B landscaping between the fence and the Greenbelt or Nature Pathway.
  • Fences located along a residential rear yard, or a side yard setback shall not exceed six feet (6’) in height.
  • Fences located within rear or interior side yards between residential and nonresidential uses, or between nonresidential uses shall not exceed eight feet (8’) in height.
  • Retaining walls shall not exceed three- and one-half feet (3.5’) in height unless the retaining wall is adjacent to the Boise Bench land mass that runs along the southern city limits.
  • The height of fences and retaining walls shall be measured from the lowest adjacent grade. On sloped lots, the height shall be measured from the lowest point within a three-foot (3') horizontal distance from the base of the fence or wall.
Design Standards
  • Fences and retaining walls shall be designed and constructed of materials that do not pose a safety hazard to users of sidewalks, the Greenbelt, Nature Path, parks, or adjacent properties.
  • Fences and retaining walls shall not obstruct the clear vision triangle or access to required parking, public utility boxes, meters, or other infrastructure.
  • Retaining walls adjacent to the public realm shall provide at least three feet (3’) of landscape area, between the public space and the retaining wall.
  • If a fence or a retaining wall is placed on top of a retaining wall, the fence or retaining wall must be set back one inch (1”) for every one inch (1”) that the combined height exceeds the fence height limitations. Set back areas greater than one foot (1’) shall be a landscape area. 
  • The use of barbed wire, razor wire, boxes, sheet metal, old or decayed wood, broken masonry blocks, chain link, chain link with slats, or other unsightly materials for fencing is prohibited unless a design review application is approved by the planning official, demonstrating:
  • The use of the materials is not in conflict with the comprehensive plan;
  • The fence is constructed of professional and durable materials and is not intended to be of a temporary nature; and 
  • The fence provides significant creativity and uniqueness, and the intent is not to merely evade the provisions set forth in this section; or
  • The fence is an established icon that enhances the community’s assets more than a fence complying with the requirements set forth in this section.