Rapid City zoning board approves 6-foot corner-lot fence variance with 45-degree safety cutback

The Rapid City Zoning Board of Adjustment on Oct. 23 approved a variance allowing a 6-foot privacy fence on the side (second front) yard of a corner lot in Elk's Country Estates, with a condition the rear corner be cut back at a 45-degree angle to improve visibility.

The board’s decision came after planning staff described the site, the applicable fence rules and a change in the city code in 2013 that moved fence regulations from the building code (Title 15) into the zoning code (Title 17). Planning staff member Vicky said the property’s fence does not encroach into the stop-sign sight triangle and “is not impacting the traffic.”

The vote followed extended discussion addressing neighborhood character, pedestrian safety and the challenge corner lots face when a 10-foot second-front-yard setback limits usable backyard space. Commissioners raised concerns about how a widespread ordinance change could affect walkability and neighbor-to-neighbor interaction, while others emphasized property owners’ privacy and safety needs.

Planning staff told the board that, under current zoning rules, a fence placed within the 10-foot secondary-front-yard area must be 4 feet high but may be 6 feet high at or beyond the 10-foot line. Staff noted the build-and-enforce path changed in 2013 when fence regulation moved to zoning, which requires a variance for deviations larger than the limited administrative exception. Vicky said the department will likely pursue an ordinance amendment to allow 6-foot fences in second front yards when they do not encroach into required sight triangles or affect drainage or utilities.

Commissioner Mike Kwasney proposed — and the board adopted — a substitute motion to approve the variance with the additional requirement that the owner reshape the rear corner of the fence as a 45-degree cutback to improve sightlines from the neighbor’s driveway and the sidewalk. The substitute was seconded by Vince. The motion carried with Commissioner Mike Gollaher recorded as voting no.

Board members repeatedly requested staff return with a draft ordinance if the city intends to relax the 10-foot rule more broadly, and several said staff should evaluate separate pedestrian sight-triangle standards and neighborhood-character guidance alongside any code change. Public works staff and the city traffic engineer were identified as the agencies that determine site-triangle impacts on a case-by-case basis.

The board’s options, as outlined by staff, included denying the variance, approving it as requested, or approving it with modifications such as the 45-degree corner cut. The board chose the third option for this property and directed staff to work with the applicant on the required corner detail.

The board’s discussion emphasized preserving pedestrian safety and neighborhood character while acknowledging the maintenance and privacy burdens corner-lot owners face when required to set fences back 10 feet from a secondary frontage.

The outcome applies only to this property; staff said they will draft an ordinance amendment and return to the board or planning commission for further discussion before any citywide change.