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HomeMy WebLinkAbout07.D- Community Development DOC ID: 1680 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION [^ Report/Information �✓ From: Margo Wheeler M/CC Meeting Date: 04/02/2012 Prepared by: Shirley Robinson, (909) 384- 5057 Dept: Community Development Ward(s): All Subject: Request to Refer to Legislative Review Committee Potential Development Code Amendments Regarding Electric Fences Financial Impact: None. Supportine Documents: City of Bakersfield(Stockton Muni Code 16.48.100(D) (PDF) City of Salinas (37-50.090(l)Electrically-Charged Wires and Fences (PDF) Sacramento County (PDF) San Jose-Code of Ordinances(17.24)Fence Variances for Residential Lots (PDF) Santa Maria-Chapter 9-17 Electric Fences (PDF) Stockton MC- 16.48.100 Prohibited Fence Materials (PDF) Updated:3/29/2012 by Stephanie Easland B City of Bakersfield (Assistant Building Official said they copied City of Stockton Muni Code 16.48.100(D)) D. Electrified Fencing. The use of electrified fencing, for security or other purposes, is prohibited in all zoning districts, except in the IL, IG, and PT zones. Said fencing shall comply with the following requirements: 1. Permits Required. Any electrified fencing shall require the approval of the following permits: d a. Land Development Permit. A Land Development Permit in compliance with Chapter 16.136(Land Development Permits), except as LL otherwise approved by another discretionary application for a project on the same site. a b. Alarm Permit. An alarm permit obtained from the Police w Department. For this program, all applicable alarm fees apply to electric fence installations. (See Title 8, Chapter 8.44"Intrusion Detection Devices and Burglar Alarm Systems.") o 2. General Requirements. The following electrified fencing standards shall apply to all development: e a. Electrical Standard. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with applicable $ provisions of International Electrotechnical Commission (IEC) standards for electric fence energizers, as well as applicable provisions of the California Electrical Code(CEC), as necessary. c b. Electrification. Y i. The energizer for electric fences must be driven by a ° commercial storage battery not to exceed 12 volts DC or other approved 12 volt DC or less power source. d ii. The electric charge produced by the fence upon contact shall Y not exceed energizer characteristics set forth in the IEC standard for m electric fence energizers. o iii. Non-low voltage electrical components (e.g., controllers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act(OSHA) Nationally Recognized Testing Laboratory (NRTL). r U C. Perimeter Fence or Wall. Electrified fencing shall be completely surrounded by a non-electrified fence or wall that is not less than six(6) a feet high and have no barbed, concertina, or similar wire attached. Vehicle access gates along public rights-of-way may be exempted from this requirement, subject to approval of a Land Development Permit or another discretionary application for a project on the same site. Any barbed, concertina, or similar wire on existing fences shall be removed prior to the installation of the electric fence. Nonconforming chain-link or similar PacketPg.647 fencing shall be removed from required front and street side setback areas prior to the initiation of use of any approved low voltage fencing system. d. Setback. I. Any opening in the perimeter fence less than or equal to three (3) inches shall require a minimum 12-inch setback from the electric fence. ii. Any opening in the perimeter fence greater than three (3) inches shall require a minimum 36-inch setback from the electric fence. e. Height. Electrified fencing shall not have a height in excess of 10 feet. ° f. Warning Signs. Electric fences shall be clearly identified with 12- a inch by 18-inch warning signs on both the inside and outside of the fence. w The signs shall read "Warning-Electric Fence" in English with international symbols and other languages as required by the Land Development Permit, at intervals of not greater than 50 feet. o g. Emergency Access. A"Knox Box" or other similar approved g devices shall be installed for emergency access by Police and Fire Departments. A means to disconnect electrical power to the fence shall be readily available to the Police and Fire Departments. Disconnect switches and controls shall be in an accessible location on the property and shall $ not be obscured in any manner from the street/private driveway access. Approved signs stating the identification of such switches/controls in addition to informational instructions as to how to disable the electrical o system shall be installed to the satisfaction of the Fire Marshal. In the event that access by the City of Stockton Fire Department and/or Police o Department personnel to a property where a permitted electric fence has been installed and is operating is required due to an emergency or urgent d circumstances, and the Knox Box or other similar approved device above y is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present to disable m the electric fence, fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this chapter will agree to waive any and all claims for damages to the electric fence against the City of Stockton and/or its personnel under such circumstances. ° h. Adjacent Residential Zones or Uses. Electric fences shall be a prohibited adjacent to any residentially-zoned or residentially-used property. PacketPg.648 7.D.b City of Salinas 37-50.090 (1) Electrically-Charged Wires and Fences. It shall be unlawful for any person to install, . maintain, or operate any electrically-charged wires or fences in violation of this section. d (1) Conditional Use Permit Required. A conditional use permit, issued in accordance v withArticle VI, Division 8, Conditional Use Permits, shall be required for all electrically- .2 charged wires or fences. conditional use permit applications for electrically-charged wires or fences shall be subject to review and approval by the fire chief, the police chief, w the building official, the city engineer, and the city planner, or their designees, and shall o be subject to conditions as deemed reasonable and appropriate to ensure the protection of public health, safety, and welfare. v U (2) Building Permit Required. A building permit, issued in accordance with Chapter 9 of the City Code, shall be obtained prior to installation of electrically-charged wires or fences. Applicable listing(s) along with other pertinent information and applications shall v be provided to the building official prior to approval for building permit issuance. (3)Allowable Zoning Districts. Installation of electrically-charged wires or fences is m limited to the following zoning districts: IG (Industrial-General), IBP (Industrial-Business z (� Park), and IGC (Industrial-General Commercial). ;, ••r (4) Location. Electrically-charged wires or fences shall be prohibited on sites adjacent to U existing or planned residential development. v w (5)Public Access. Electrically-charged wires or fences shall be restricted to sites with o limited public access. o T (6) Security Purposes. Electrically-charged wires or fences may be allowed for security purposes only including, but not limited to, equipment, vehicles, and the like in outdoor storage areas. N (7) Energizer Requirements. The energizer for electrically-charged wires or fences shall a be driven by a commercial storage battery not to exceed 12 volts direct current. The storage battery shall be charged primarily by a solar panel. However, the solar panel d may be augmented by a commercial trickle charger. t U R (8) Maximum Height. Electrically-charged wires or fences shall not exceed a maximum a height of ten feet. (9) Perimeter Fence or Wall. Perimeter fencing shall be required for all electrically- charged wires or fences as follows: w� Packet Pg. 649 (A) A perimeter fence or wall a minimum of six feet in height shall be installed on the exterior side (the side facing the abutting public right-of-way and/or abutting properties) of any and all electrically-charged wires or fences. (B) The perimeter fence or wall shall be in conformance with requirements including, but not limited to, height and setbacks pursuant to Section 37-50.090 . v (C)The perimeter fence or wall shall be in conformance with the industrial design d standards pursuant to Section 37-30.330 or public/semipublic design standards pursuant to Section 37-30.400 , as applicable depending on the zoning district. v w (10) Minimum Safe Distance Between Fences. Electrically-charged wires or fences shall 0 be installed a minimum distance of at least twelve inches from the perimeter wall or fence as a safety measure to prevent contact with the electrically-charged wires or y fences from the perimeter fence or wall. d (11) Warning Signs. Electrically-charged wires or fences shall be clearly identified with warning signs, on both sides of the electrically-charged wires or fences, at intervals of y not greater than sixty feet. The warning signs shall contain the words "Warning— d Electric Fence" in both English and Spanish and shall include the international safety 3 v symbol that signifies "Caution, Risk of Electric Shock/High Voltage." m R L (12)Knox Box. A"Knox Box" or other similar devise approved by the fire department r and the police department shall be installed for emergency access purposes. The "Knox M Box" shall be designed such that activation of the "Knox Box" will de-energize the U electrically-charged wires or fences. w (13)Automatic De-energizing. Electrically-charged wires or fences shall be designed to automatically de-activate/de-energize upon manual cutting of the wires. N n (14) Hours of Operation. Electrically-charged wires or fences shall not be allowed in N operation when the uses are open to the public. (15) Prevention of Fire Hazards. All weeds, brush, trees, and other vegetation in N `o proximity to any electrically-charged wires or fences shall be maintained such that they a will not pose a fire hazard, as determined by the fire department. E L U R Q PacketPg: 650. 7.D.c 15.156.020 Standards. Page 1 0 .Sacramento city code Search Print No Frames Up Previous Next Main Tine 15 BUILDINGS AND CONSTRUCTION Chapter 15,156 FENCES is.is6.020 Standards. A. Permitted Materials.A fence may be constructed of permanent material,such as wood,chain link,stone, rock,concrete block,masonry brick,brick,decorative wrought iron or other material approved by the code enforcement manager. B. Prohibited Materials.Fencing materials prohibited include,but are not limited to,the following: I. Cast-off,secondhand,or other items not originally intended to be used for constructing or maintaining a fence. 2. Plywood less than five-eighths inches thick,plywood not of a grade approved by the code enforcement manager,particle board,paper,and visqueen plastic,plastic tarp,or similar material. ioO � 3. Concertina wire,serpentine wire,barbed wire,razor wire,and other similar fencing materials capable of u inflicting significant physical injury,except as permitted in the zoning ordinance. C. Maintenance.All fences shall be property maintained so as not to create a hazard,public nuisance or w blight in the surrounding neighborhood. c 0. Applicability.The requirements of this chapter apply only to fences located in the front yard,street side yard,and fences abutting any alley or other public right-of-way.(Prior code§61.18.1802) T c 0 O U O c v E R u m N c O E r U N Q ns/nodes/sacramento/view.php?topic=l5-15_156-15_156_020&frames=.. Packet Pg. s51 7.D.c zrwing Cab q"wrnneew Cawry T!l!e!1/:Use Rebnd home aul Oevelofnnew 5'rnndnrds ARTICLE 5: REGULATIONS PERTAINING TO WALLS AND FENCES 301-60. Location,Types and Standards (a) Open ornamental fences, such as wrought iron are permitted on the property line in all zones,subject to the following restrictions. (1) In commercial and industrial zones, any fence located along a public right-of-way shall be placed behind sidewalks and all required landscaping(i.e., landscape buffer or landscaped planter area).(Amended 2/2010) (2) In multifamily zones only open ornamental security fences may be located directly outside and adjacent to the back of the sidewalk. All other fences along a public right-of-way in the multifamily zones shall be subject to the requirements of Section 301-66.(Amended 2/2010) c (b) Fences and walls are not permitted within the setback areas of front and side streets,except ri as set forth above in(a)(1)and(2). i i (c) When fencing as set forth in Section 301-61, is not required,security fences such as chain d link are permitted on interior property lines within and adjacent to AC, GC, M-1 and M-2 W zones. ° m ° (d) A solid wood or masonry fence shall be provided and maintained along the interior property line of any multiple-family project,subject to the standards set forth in this article. c O o (e) All fences in the Single-family, Duplex and Agricultural Zones are subject to tj Section 305-83.2. 0 c (t) A graffiti-resistant aesthetic surface treatment,appropriate to the location,shall be required E for all masonry walls. (Amended 6195)(Amended 3124199) U N 301-61. Adjacent to Residential and Agricultural-Residential Zones in c A masonry wall shall be provided along the interior property lines for all industrial and commercial E projects when located adjacent to residential,and agricultural-residential zones,a solid wood or masonry fence shall be provided along the interior property lines for all institutional, projects when located adjacent to residential and agricultural-residential zones. (Amended 6/95)(Amended 324199) 301-62. Screen Fences (a) Outside storage of materials and equipment shall be located within the buildable portion of the lot and screened from view with solid wood fences, masonry walls or chain-link with slats. (b) All company vehicles in the MP zone shall be located within the buildable portion of the lot and screened from view with solid wood fences, masonry walls or chain-link fences with slats. (b) In the M-1 and M-2 zones company vehicles, less than one(l)ton do not require screening and may be parked behind the required landscape area with or without security fencing,as set forth in this article. Company vehicles,exceeding one(1)ton that are permitted on the ,� III-21 Zoning Cwk of.Sacra.K.ro C011119, ride It/,Use Reg./all.aunt DeveloprNIN Ske daub Y public highways and used in the daily operation of the company may be parked within the buildable portion of the lot without screen fencing. (Amended 6/95)(Amended 3/24/99) 301-62.5. Vacant Property A temporary use permit is required from the Zoning Administrator for security fencing,(including chain link),which may be erected on all property lines and to the edge of tine sidewalk. The vacant property shall be maintained in a weed and litter fiee condition. (Amended 6/95)(Amended 3124199) (Amended 2/2010) 301-63. Height (a) Fences within the front and side street yards shall not exceed six(6)feet in height. (b) All required fences shall be at least six(6)feet in height and may be erected to a maximum d height of eight(8)feet. c 0 LL (c) Fencing within the M-I and M-2 zones may have an additional three(3)feet of wire fencing placed on top of a fence to a maximum overall height of nine(9)fact. This is not permitted within the front and side street yards. w w (d) Fence height shall be measured from the highest elevation at the property line or at the c finished grade of the rear or side yard setback, whichever is higher. If the fence exceeds CO eight(8)feet above the lower elevation and is adjacent to a single-family residential zone,a use permit from the Zoning Administrator is required. (Amended 6195)(Amended 3/24/99) D c 0 301-64.. Deviations from Fence Requirements L) 0 Fences that deviate from the standards set forth in this article may be permitted,as a condition of approval when heard in conjunction with another request, or by a fence use permit approved by the Zoning E Administrator. Unless approved as a condition or in conjunction with another request walls or fences of sheet or corrugated iron, steel or aluminum, are prohibited with the exception of omamental fences as n provided for in Section 301-60(a). U) c Barbed wire, concertina wire and electrical fences require a fence use permit approved by the Zoning "aaa"'aa - Administrator. When such a fence is located in the Agricultural zones or the Heavy Industrial zone(A-2) a fence use permit is not required, unless it is adjacent to a zone other than the agricultural zones or the m M-2 zone. (Amended 6/95)(Amended 3/24/99) Q 301-65. Adjacent to Drive and Street Intersections When fences, walls, and/or landscape screening are adjacent to street intersections and points of ingress and egress the visibility requirements of Chapter 12.12 of the Sacramento County Code shall be adhered to. (Amended 6195) 301-66. Sound Walls Adjacent to Streets Whenever sound walls are required to mitigate sound impacts adjacent to sheets,the following standards shall apply. These standards shall not preclude the use of other innovative methods of project design utilizing greater setbacks,building design,mounding,or single-story structures with solid walls facing the street. Ill-22 Zwiing CoM�Saamnenlo Cot fy na,ll/:Use licododow ad De.lopm m Smnd nh `we.. (a) Setback : Walls shall have an average setback of nineteen(19)feet from the ultimate public street right•of--way,and may vary in setback to a minimum of thirteen(13) fed.(Amended 2/2010) (b) Height: Maximum height of a wall shall not exceed six(6)feet above the finished grade at the base ofthe wall on the roadway side. (see Item(c)below.) (c) Earthmounds: When the sound and visual attenuation requires a wall exceeding six(6) feet above the grade of the adjacent roadway, earthmounds shall be used such that no more than six(6)feet of the wall is visible from the roadway. The mounds shall not exceed a 3:1 slope. The mounds may support the wall or be placed against the wall on the street side. Drainage shall be contained so there is not shed flow of water onto the sidewalk where the slope exceeds 6:1. d (d) Landsca in : All setback areas shall be landscaped with groundoover, shrubs, vines, U mounds and trees such that at least fifty percent(50%)of the wall shall be screened from the adjacent public street within five (5) years.. Trees shall be placed so as to cover the fifty u percent(50%)of the total landscaped area with a shade canopy within fifteen(15)years of �U planting. Thirty percent(30%)of the trees shall be evergreen. U w (e) Type of Well: Walls shall be constructed of-- Graffiti resistant -- solid brick or masonry o material that requires minimum maintenance and provides the required sound and visual attenuation. An aesthetic surface treatment appropriate to the location shall be required. — a (f) Maintenance: An automatic sprinkler system shall be installed and a maintenance program 3 shall be established to provide ongoing maintenance of the wall and landscaped area. The U U proposed maintenance program shall be submitted with the application and may consist of o one,or a combination,of the follgwing: ar E (1) A homeowners association agreement; m U R (2) An assessment district,Lighting and Landscape Act District,or similar district; to c (3) Other viable alternative presented in public hearing and found acceptable to the appropriate authority. The proposed maintenance program shall be submitted with the application. (Amended 6/95) a 1H-23 Packet Pg. 654 7.D.c Fences Page 1 of 3 mento Code Enforcement Sava countywide Links:Home( ervices I Denis Lt I Text only sonrth�Q Municipal services> Departments> Building and Code Enforcement>Code Enforcement Home Fences About Code Enforcement FAgs How High Can Residential Popular Links: Fees Fences Be? Programs Business License Fences six feet or less in • Brochures Inspectors height can be placed on • E-mail officer-of-the-Day 'y your property line without v community Gran[(CDBG) any minimum • Report a Code Violation Housing Enforcement setback requirements and Enforcement . Zoning Code Illegal Dumping do not require a building • Sac County code Rental Housing permit. (Note 1) w inspection Program - There are special w regulations for fences Vehicle Abatement erected on corner lots Zoning Enforcement and near driveways. .� Brochures B Flyers (Note 2) >+ Jobs Fences over six feet high Municipal Services Home are permitted on your 0 Sacramento County Interior property line. o However a conditional use permit Son,files require the free Adobe and a building permit are m Reader for viewing.cock the required. (Note 1) button below to download the readef. Fences over six feet high m are prohibited In your front and side street yard Rem' without a variance and a E building permit. (Note 1) m • Fences over six feet high a can be setback 3 feet from the Interior property line with a building permit. (Note 1) Notes: 1. See section 305-83.2 of the Sacramento County Zoning.Code. 2. See section 12.12.010& 12.12.010 of the Sacramento County Code. Vtftt Types of Residential woommea. Fences are Prohibited? • Barbed Wire http://www.msa2.saccounty.net/ce/codeEiiforcement/Pages/Fences.aspx 3/21/2012 PacketPg.655 Fences Page 2 of 3 Electric • Any material extending the top of the fence above six feet. This includes decorative Items such as lattice, unless it has been approved with a conditional N v 5¢CSC o use permit or a variance. (See Section-301-64 of the 30l .6� C a�tKc Zoning Code) �e r'Ot s How are Fence Heights �Zuv� o•^ 't•h �`��.��V, Measured? px6�acJ�}:d� P Fence height Is measured from the highest elevation at the property line or at the finished grade of the rear or side yard set back, which ever is higher. If the LL fence exceeds eight feet above the lower elevation - and is adjacent to a single- w family residential zone, a w use permit from the zoning c administrator is required. m Contact the planning department for information r about applying for use permits or variances. o (See Section 301-63 of the u 0 Zoning Code) � m Do Fences Establish Property E Lines? u m No. Fences do not indicate w legal property lines. Fences m are frequently erected E without regards to legal t U property lines. To m determine the legal ¢ boundaries of your property, it Is recommended that a surveyor be hired. Code Enforcement cannot resolve property line disputes. Sacramento For website concerns or Information about alternate formats, County contact CmomallboxiiiiSaggunMod. http://www.msa2.saccounty.net/ce/codeEn forcementIPages/Fences.aspx 3/2112012 Packet Pg,656 ZD.c' Fences Page 3 of 3 County Branch • Emeraencv Contact Center ®2011 County of Sacramento Nu m Bradshaw Road Privacy Poll d I Conditions of Use I Accessibility Policy . Availabllity of Complex Informatlon 4101 Branch (Alternate Formats) Center Road Sacramento,CA 95827 v U C al LL U V d W CO 0 T C 7 O U 0 c v E m U N N C d E L U A a hun://www.msa2.saccounty.net/ce/codeEnforeementfPages/Fences.aspx 3/21/2012 Packet Pg.657 Page 1 of 7 San Jose, CA Code of Ordinances Chapter 17.24 FENCE VARIANCES FOR RESIDENTIAL LOTS d Sections: c d LL 17.24.010 Purpose. 2 ; 17.24.020 Definitions. w 17.24.030 Conditions for permitted fences. 17.24.040 Prohibited fences. 4 0 J 17.24.050 Seven-foot fence height limit. m .c d 17.24.060 Variance applications, e v ar 17.24.070 Hearing notice. `o 17.24.080 Director's hearing. $ c R 17,24.090 Director's decision. d 17.24.100 Appeal. d LL 17.24.110 No waiver. N r 17.24.120 Hearing on appeal. y d v 17.24.130 Findings required. m c a 17.24.140 Conditions. p 0 17.24.150 Costs of application and appeal. 0 U 17.24.010 Purpose. d 0 0 This chapter shall regulate fences constructed and maintained upon any parcel of property in the city that is used for residential purposes and Is not subject to a development permit requirement in pursuant to Chapter 20.100 of Title 20 of the code. C d (Ord. 23405.) s U N 1'. 17.24.020 Definitions. a As used in this chapter: http://san.iose.aml egal.com/alpsrripts/get-content.aspx 03/20/2012 Packet Pg.'658 Page 2 of 7 A. "Buildable area" is the area of a lot exclusive of the required setback areas. '•.� B. "Corner lol" is a lot which abuts two or more streets or street segments,forming an interior angle not greater than 135 degrees. C. "Corner triangle"is the triangular area formed by the two street lot lines of a corner lot and their projection and a line connecting them at points forty-five feet measured at the outer edge of the curb L a from the intersection of the projected lot lines measured at the.outer edge of the curb. LL U D. "Director"means the director of neighborhood preservation. v FU E. "Fence"is any hedge,wall, or other structure in the nature of a fence. c F. "Flag lot" is an interior lot accessed by a corridor having a street frontage of less than twenty- seven feet. " 0 J G. "Front setback area" .c 1. For an interior lot, the"front setback area" is the area which extends across the full width of v the lot and from the front lot line along the street to a line defined by the front setback, excluding m frontage area which is used primarily for ingress or egress to a flag lot; or M 0 2. For a residentially zoned corner lot,the"front setback area" is the area which extends d across the full width of the lot and from the narrower lot line along a public street to a parallel line U defined by the front setback line. m 0 H. "Interior lot" is any lot other than a"corner lot" c I. "Key lot"is the first interior lot abutting the rear of a corner lot. The front lot tine of the key lot is a LL continuation of the side lot line of the corner lot, excluding any lot which is separated from a corner lot N by an alley. J. "Lot line"is defined to include: $ c m 1. "Front lot line"is the boundary line of a lot which abuts a public street. a 2. "Front lot line of a residentially zoned corner lo is the narrower lot line abutting a public O t" `o street. d c 0 3. "Side lot line"is the boundary line of a lot which intersects the front lot line. u m 4. "Side comer lot line"Is the boundary line of a residentially zoned corner lot which is the longer of the two boundary lines abutting a public street. N 5. "Rear lot line"is the boundary line of a lot which is opposite, and does not intersect,the front lot line, E L U K. "Rear setback area" a 1. For an interior lot,the"rear setback area"is the area which extends across the full width of the lot and from the rear lot line to a parallel line defined by the rear setback distance; or 2. For a residentially zoned corner lot, the"rear setback area" Is the area which extends http://sailjose.aml egal.com/alpscripts/get-content.aspx 03/20/2012 Page 3 of 7 across the full width of the lot and from the lot line opposite the narrower lot line along a street to a parallel line defined by the rear setback line. L. "Setback"is the minimum distance by which buildings, structures, and parking must be separated from any lot line. 'm U 1. "Front setback" Is measured from the front lot line. d LL 2. "Rear setback" is measured from the rear lot line. 2 U U 3. "Side setback" is measured from the side lot line. w 0 M. "Side setback area" 1. For an Interior lot,is that area which is neither a front setback area nor rear setback area;or o J 2. For a corner lot, w a. "Interior side setback area"is that area which extends from the lot line opposite the wider 2 (larger)street frontage defined as the interior side lot line to a parallel line defined by the side setback; and o b. "Corner side setback area" is that area which extends from the lot line along the wider street frontage to a parallel line defined by the side setback. `m (Prior code §8801; 17.24.010; Ord. 23405.) > W U 17.24.030 Conditions for permitted fences. LL V The following fences may be constructed and maintained upon any parcel of property in the city that is used for residential purposes and is not subject to a development permit requirement pursuant to Chapter 20.100 of Title 20 of the code. d U c n A. Interior Lots. 5 v 1. Front setback area: Fences not over three feel in height in the front setback area. O `o 2. Rear setback area: Fences not over seven feet in height in the rear setback area. o U 3. Side setback area: Fences not over seven feet in height in the side setback area. N O 4. Buildable area: Fences not over six feet in height in the buildable area between the front setback and the front of any existing or proposed residence. n B. Corner Lots. 1. Front setback area: Fences not over three feet in height in the front setback area. 2. Rear setback area: Fences not over seven feet In height in the rear setback area. In the a case of a rear setback area that backs up onto a side setback area of an adjacent key lot or corner lot, such fences shall not exceed three feet in height for a distance of twelve and one-half feet measured from the street property line and fifteen feet as measured from the rear lot line; nor shall any fence http://sanjose.amlegal.com/alpscripts/get-content.aspx 03/20/2012 Packet Pg. 660 Page 4 of 7 exceed six feet in height in any rear setback area adjacent to a street so long as such fence is at least five feet from the lot line inside the sidewalk. No fence shall exceed three feet in height in any rear setback area adjacent to a street between the lot line inside the sidewalk and five feet from the lot line inside the sidewalk. 3. Side setback area: Fences not over six feet in height In any side setback area adjacent to a street so long as such fence Is at least five feet away from the lot line inside the sidewalk. No fence c shall exceed three feet in height in any side setback area adjacent to a street between the lot line inside LL the sidewalk and five feet from the lot line inside the sidewalk. ; C. Fences at Intersections. A fence located at the intersection of any two streets shall not exceed w three feet in height within the corner triangle; provided however,that single-stem plants or trees without foliage with a height between three feet and eight feet may be planted and maintained within the corner triangle on any corner lot. N D. Exceptions for Posts and Gates. Support posts or columns, not exceeding four feet in height 4 and eighteen inches in width, and gates and trellises used for pedestrian purposes, not exceeding eight feet in height and five feet in length shall be permitted,provided such entry is at least fifteen feet away from an intersection. n N (Prior code §8800; 17.24.020;Ord. 23405.) X `o 17.24.040 Prohibited fences. d U C .�� A. Barbed wire, razor wire and electric fences are prohibited from use on any parcel of property in ° the city that is used for residential purposes and is not subject to a development permit requirement pursuant to Chapter 20.100 of Title 20 of the code. B. No glass or other sharp materials may be embedded on the surface of a fence constructed and LL maintained on any parcel of property in the city that is used for residential purposes and is not subject N to a development permit requirement pursuant to Chapter 20.100 of Title 20 of the code. m (Ord. 23405.) v m c 17.24.050 Seven-foot fence height limit. v 0` No fence may be erected or constructed which exceeds seven feet In height except as specifically `o allowed by Sections 17.24.030,and 17.24.060 through 17.24.150 inclusive, or by a development permit v pursuant to Chapter 20.100 of Title 20 of the code. v° (Ord. 23405.) 0 c 17.24.060 Variance applications. y A. An application for a variance from the fence height requirements of this chapter shall be filed a with the director of neighborhood preservation. The form and content of the application shall be Ec prescribed by the director. B. The director shall not accept any application for a fence variance unless all information is set a forth as required by the form,all documents and other material required by the form are filed with the director, and the filing fee required by Section 17.24.150 has been paid. htt p://sanjose.amlegal.com/alpscripts/get-content.aspx 03/2012012 PacketPg. 661 .��,�73U dw•; Page 5 of 7 (Prior code§8802; 17.24.030;Ords. 20636,21033,21049, 21295, 23405.) 17.24.070 Hearing notice. A. The director shall Investigate and conduct a public hearing on each fence variance application accepted for filing. The date of such hearing shall be not less than ten nor more than sixty days from the date such application is accepted as complete. LL u B. Notice of the time,date and place of the hearing shall be furnished by the director by mail, postage prepaid,at least five days before the date set for hearing, to the applicant and to all property m owners within three hundred feet of the property which is the subject of the application, at the L.U. addresses shown on the last equalized assessment roll. m m C. In addition, notice of the hearing shall be conspicuously posted on the property which is the w subject of the application.The form of this notice shall be provided by the director and shall be posted o on the property at least five days before the date set for hearing. m (Ord. 23405.) N d 17.24.080 Director's hearing. `o At the director's hearing, the applicant,any person with objections to the fence variance application and any other person with relevant evidence, shall be allowed to testify and present relevant evidence to the director. Strict rules of evidence shall not apply. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely In the conduct of serious affairs. s_ m (Ord. 23405.) e- v N 17.24.090 Director's decision. A. At the conclusion of the hearing, the director may take the matter under submission for a reasonable time. 'v B. The findings and decision of the director on each application shall be in writing. o C. The director shall mail a copy of the findings and decision to the applicant at the address d shown for such purpose on the application. In addition, the director shall mail a copy of the decision to 0 any person who requests one in writing. m D. The date of the decision shall be the date that the director's decision is placed in the mail to the applicant. Each decision shall become final and effective on the eleventh day from the date of decision unless a written notice of appeal is received by the director within ten days of the date of decision. N E. If a notice of appeal is received within the ten-day period,the decision of the director shall be of no force or effect. (Ord.23405.) a 17.24.100 Appeal. htte://saniose.amle¢al.conValpscriptslget-content.aspx 03/20/2012 Packet Pg. 662 Page 6 of 7 A. The applicant,or any property owner or any tenant of property(including tenants at will or tenants with month-to-month occupancy)within three hundred feet of the subject property may file a written notice of appeal from the director's decision to the planning commission within ten days after the director's decision was placed in the mail. B. If a notice of appeal is received,the director shall set a date for a public hearing on the appeal. The date of the hearing shall not be less than ten nor more than sixty days from the date the notice of appeal was received. C. Notice of the hearing shall be mailed to the party seeking appeal and to all other persons who were given notice of the director's hearing pursuant to Section 17.24.070. w 0 (Ord.23405.) 17.24.110 No waiver. o J Notwithstanding the provisions in Sections 17.24.070, 17.24.090 and 17.24.100, the failure of any A person to receive any prescribed notice, shall not affect,in any way whatsoever, the validity of any proceedings taken under this chapter, nor any action taken or decision made by the director or commission in any proceedings,nor prevent the director or commission from proceeding with any hearing at the time and place set forth in the notice of hearing. c N (Ord. 23405.) d U 17.24.120 Hearing on appeal. d A. The director shall file with the planning commission at its hearing on appeal the application for fence variance,the notice of appeal and all other papers,documents and physical exhibits filed at the LL hearing before the director. N r B. The hearing before the planning commission shall be a hearing de novo. m v C. Within a reasonable time after the hearing has been concluded and the matter submitted for decision, the commission shall, by a written resolution, set forth its findings and decision on the matter. D D. The decision of the planning commission shall be final. 0 E. The director of planning shall mail a certified copy of the decision of the planning commission o to the applicant and to the appellant at the addresses shown for such purpose on the application and u notice of appeal, respectively.The director shall also mail a copy of the decision to any person who requests one in writing. c (Ord. 23405.) 17.24.130 Findings required. E E A. Neither the director nor the planning commission on appeal shall grant a fence variance unless m it is found that: a 1. Because of special circumstances uniquely applicable to the subject property, the strict application of the requirements and regulations prescribed in Sections 17.24.030 and 17.24.050 of this chapter deprives such property of privileges enjoyed by other property in the vicinity of and in the same httn://saniose.amlegal.com/ali)scriptsiget-content,aspx 03/2012012 PacketPg.863 7!o.d Page 7 of 7 zoning district as the subject property; and 2. The fence variance,subject to such conditions as may be imposed thereon, a. Will not substantially impair the utility or value of adjacent property or the general welfare of the neighborhood; and c d b. Will not substantially impair the integrity and character of the zoning district in which the U subject property is situated. ` U d B. The special circumstances to be considered in the above Subsection A include, but are not w limited to, size,shape, topography, location or surroundings of the subject property. 1. In the case of a corner lot,special circumstances to be considered under Subsection A N above include the fact that the legal front lot line of the corner lot does not serve as the actual front o entry Into the residence. m 2. The fence variance for a side comer lot shall not be granted unless it is found that the fence v variance will not result in an adverse impact upon the neighboring properties any differently than if the side corner lot line were the actual front lot line. `o (Ord.23405.) m U C 17.24.140 Conditions. The director or the planning commission, in granting any fence variance,may make any such m variance subject to such conditions as the director or the planning commission may deem reasonably necessary to meet the requirements of Section 17.24.130 of this chapter and to secure the general LL purposes of this chapter. Without limiting the generality of the preceding sentence,such conditions may include specifications on materials to be used In construction of the fence. (Ord. 23405.) c m 17.24.150 Costs of application and appeal, v No variance application or appeal shall be accepted for filing unless accompanied by the fee as set $ forth in the schedule of fees established by resolution of the city council. 0 0 U (Ord. 23405.) v Disclainutir• W This Code of Ordinances and/or any other dommenls that appear on this site may not reflect the most cement legislation adopted by the Municipality.American Legal Publishing Corporation provides these documents for informational purposes only.These documents should not be relied upon as the definitive authority for local legislation,Additionally,the formatting and pagination of the posted documents varies from m the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulled prior to any action N being taken. C U For further information regarding the official version of any of this Code of Ordinances or other documents pOSMtl on this 511e,please Contact E the Municipality directly or contact American Legal Publishing toll-free at 800-4455588. ®2011 American Legal Publishing Corporation techsumoorMamleffal com Q 1.800.445.5588, army 03 120/2012 PacketPg.664 Santa Maria CHAPTER 9-17 ELECTRIC FENCES Section 9-17.01. Permit Required. No electric fence shall be installed or used unless a permit has been applied for and obtained from the Community Development Department. (Ord. 2009-24, eff. 12/31/09) Section 9-17.02. Type of Electric Fences Allowed. The Construction and use of electric d fences shall be allowed in the City only as provided in this section and subject to the following standards: (a) IEC Standard 60335-2-76: Unless otherwise specified herein, electric fences shall d be constructed or installed in conformance with the specifications set forth in W International Electrotechnical Commission (IEC) Standard No. 60335-2-76. U C (b) Electrification: LL U (1) The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. w r (2) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76. (Ord. 2009-24, eff. 12/31/09) Section 9-17.03. Conditions for Installation. (a) Perimeter Fence or Wall: No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet v high. v E (b) Location: Electric fences shall be permitted only in non-residential zones and only in locations approved by the Community Development Department. a (c) Height: Electric fences shall not have a height in excess of 6 feet unless a greater height is approved by the Community Development Department. (d) Warning signs: Electric fences shall be clearly identified with warning signs prepared in English and Spanish that read: "Warning-Electric Fence" at intervals of not less than sixty feet. Packet Pg. 665 (e) A"Knox Box Electrical Shunt Switch" and a"Knox Box" or other similar approved devices shall be installed for emergency access of Police and Fire Departments. (Ord. 2009-24, eff. 12131/09) Section 9-17.04. Indemnification. All applicants issued permits to install or use an electric fence as provided in this Chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Santa Maria and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence. (Ord. 2009-24, eff. 12/31/09) w Section 9-17.05. Emergency Access. 0 In the event that access by the City of Santa Maria Fire Department and/or Police Department personnel to a property where a permitted electric fence has been installed and is operating is required due to an emergency or urgent circumstances, and the v Knox Box or other similar approved device referred to in Section 9-17.03(e) above is U absent or non-functional, and an owner, manager, employee, custodian or any other ; person with control over the property is not present to disable the electric fence, the fire w or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits v to install or use an electric fence as provided in this Chapter will agree to waive any and all claims for damages to the electric fence against the City of Santa Maria and/or its v personnel under such circumstances. (Ord. 2009-24, eff. 12/31/09) Section 9-17.06. Violation; Misdemeanor. m It shall be unlawful, and a misdemeanor, for any person to install, maintain or operate N an electric fence in violation of this section. (Ord. 2009-24, eff, 12/31/09) v E L U A Q 16.48.100 Prohibited fence materials. Page l of 3 Stockton Municipal Code,Charter,and Civil Service Rules up Previous Next Main Search Print No Frames Title 16 DEX OPM�ENT CODE Division 3 Site Planning and General Development Regulations Chapter 16.4a FENGES HEDGES AND WALLS 16.48.100 Prohibited fence materials. A. Chain Link Fencing.(See Figure 3-13.) I. Residential and Commercial Zoning Districts.Permanent fences composed of chain link or similar materials(chicken wire,hog fencing,etc.)are prohibited in residential and commercial zoning d LL districts as follows: a. Developed Property.In the area between the front and/or side of any building facings 6 street.Chain link fencing is allowed along the interior and rear property lines provided the fence w along the front and/or street side of the property does not project in front of any buildings. c m b. Vacant Property. i. Residential Zoning Districts.Within 20 feet of the front property line and 10 feet of w the street side property line.Chain link fencing is allowed along the interior and rear property lines provided it is not within 20 feet of the front property line or 10 feet of the m street side property line. w ii. Commercial Zoning Districts.Within 10 feet of the front and street side property lines.Chain link fencing is allowed along the interior and rear property lines provided it is LL not within 10 feet of the front or street side property lines. v 2. Industrial Zoning Districts.Vinyl coated chain linked fencing located at least 10 feet from the n front and street side property lines shall be allowed in industrial zoning districts.Other types of chain link fencing or similar materials(chicken wire,hog fencing,etc.)are prohibited within the 10-foot Q. front and street side yard areas.Chain link fencing is allowed along the interior and rear property lines °o provided it is not within 10 feet of the front or street side property lines. 3. Temporary Uses.Chain link fencing shall be allowed for temporary uses. v c �I`n�II^�^'^�I��III �I��II�^^'}IIII�IIho'I I+o l +n l o in _ _ 16�d1_ . LJ !^ O Rath A i - ,t, 1 ev�ww to t srRSeT w u a)Developed Residential and Commercial Property b Undeveloped Residential Property Q lml Ilol I+ol liol 1 w m1 m +o 4' StnE E'1 STRr:ET http://gcode.us/codes ltockton/view.php?topic=16-3-16_48-16_48_100&frames=on 3/21/2012 1344ket Pg.,657 16.48.100 Prohibited fence materials. Page 2 of 3 c)Undeveloped Commercial Property d)Developed and Undeveloped Industrial Property FIGURE 3-13 ALLOWED SETBACKS FOR CHAIN LINK FENCES B. Barbed Wire/Razor Wire Fencing.Barbed wire and razor wire fencing is prohibited in residential zoning districts or adjacent to public rights-of-way in commercial and industrial zoning districts.All barbed wire,razor wire,or other sharp pointed material may only be used in the construction of a fence if it is at least seven(7)feet above ground level and not visible from any adjacent public street. C. Tarp Fencing.Tarp fencing shall be prohibited in all zoning districts. v c qguuug% D. Electrified Fencing.The use of electrified fencing,for security or other purposes,is prohibited in all a caning districts,except in the II„IG,and PT zones.Said fencing shall comply with the following '? requirements: a -aaMEM11 1. Permits Required.Any electrified fencing shall require the approval of the following permits: L.U. 100,0"k a. Land Development Permit.A Land Development Permit in compliance with Chapter 16.136(Land Development Permits),except as otherwise approved by another discretionary application for a project on the same site, w m +� b. Alarm Permit.An alarm permit obtained from the Police Department.For this program, 'Y all applicable alarm fees apply to electric fence installations.(See Title 8,Chapter 8,;44 "Intrusion Detection Devices and Burglar Alarm Systems.") v U 2. General Requirements.The following electrified fencing standards shall apply to all m �r W development: v a. Electrical Standard.Unless otherwise specified herein,electric fences shall be °= a constructed or installed in conformance with applicable provisions of International z Electrotechnical Commission(IEC)standards for electric fence energizers,as well as applicable 0 a provisions of the Caili,tixnia electrical Code (CEC),as necessary. o0 b. Electrification. i. The energizer for electric fences must be driven by a commercial storage battery not a6 to exceed 12 volts DC or other approved 12 volt DC or less power source. U ii. The electric charge produced by the fence upon contact shall not exceed energizer f characteristics set forth in the IEC standard for electric fence energizers. o iii. Non-low voltage electrical components(e.g.,controllers,transformers)of the electric c fencing system shall be approved and listed by an Occupational Safety and Health Act w (OSHA)Nationally Recognized Testing Laboratory(NRTL). c C. Perimeter Fence or Wall. Electrified fencing shall be completely surrounded by a non- electrified fence or wall that is not less than six(6)feet high and have no barbed,concertina,or u similar wire attached.Vehicle access gates along public rights-of-way may be exempted from this requirement,subject to approval of a Land Development Permit or another discretionary C application for a project on the same site.Any barbed,concertina,or similar wire on existing fences shall be removed prior to the installation of the electric fence.Nonconforming chain-link or similar fencing shall be removed from required front and street side setback areas prior to the initiation of use of any approved low voltage fencing system. d. Setback. i. Any opening in the perimeter fence less than or equal to three(3) inches shall require http://gcode.us/codes/stockton/view.php?topic=16-3-16 48-16_48_100&frames=on 3/21/2012 Packe{pg,66$ 7.D.f 16.48.100 Prohibited fence materials. Page 3 of 3 a minimum 12-inch setback from the electric fence. ii. Any opening in the perimeter fence greater than three(3)inches shall require a minimum 36-inch setback from the electric fence. �OoV0116 e. Height.Electrified fencing shall not have a height in excess of 10 feet. %00*1* f Warning Signs.Electric fences shall be clearly identified with 12-inch by 18-inch warning signs on both the inside and outside of the fence.The signs shall read"Warning- Electric Fence"in English with international symbols and other languages as required by the Land Development Permit,at intervals of not greater than 50 feet. "or other similar approved devices shall be installed g. Emergency Access.A"Knox Box v for emergency access by Police and Fire Departments.A means to disconnect electrical power to the fence shall be readily available to the Police and Fire Departments.Disconnect switches and o controls shall be in an accessible location on the property and shall not be obscured in any 6 manner from the street/private driveway access.Approved signs stating the identification of such w w switches/controls in addition to informational instructions as to how to disable the electrical c system shall be installed to the satisfaction of the Fire Marshal.In the event that access by the City of Stockton Fire Department and/or Police Department personnel to a property where a `- permitted electric fence has been installed and is operating is required due to an emergency or m urgent circumstances,and the Knox Box or other similar approved device above is absent or non-functional,and an owner,manager,employee,custodian,or any other person with control Iii over the property is not present to disable the electric fence,fire or police personnel shall be a, authorized to disable the electric fence in order to gain access to the property.As a condition of permit issuance,all applicants issued permits to install or use an electric fence as provided in this u. chapter will agree to waive any and all claims for damages to the electric fence against the City m of Stockton and/or its personnel under such circumstances. a r h. Adjacent Residential Zones or Uses.Electric fences shall be prohibited adjacent to any �r residentially-zoned or residentially-used property. ao (Ord.009-10 C.S. § 1,eff.8-26-10;Ord.015-09 C.S.,off. 12.3-09;Ord.001-08 C.S.§§5,6;Ord.023.07 C.S. 7 §§ 35,36;prior code§ 16-325.080) °• U c 0 Y U O N C E L U A ti Q htto://cicode.us/codes/stockton/view.phi)?topic=16-3-16 48-16 48_100&frames=on 3121/2012 Packet Pg.664 "