11-12
FENCES.

11-12.1 Defined.

For the purpose of this section, the term fence shall mean a structure or a planting, the primary purpose of which is to enclose or separate areas of land. (Code 1972 §8-63)

11-12.2 Construction Permit Required; Fees.

a. No person shall erect, construct, enlarge, alter or repair any fence or wall in the City, or cause this type of work to be done, without first obtaining a separate building permit for each fence or wall from the Building Official.

b. No fee shall be charged for a permit required by Paragraph a. for the erection of chain link metal post fences, wooden fences, post and slab fences. Fees for the construction of all other types of fences shall be paid to the Building Official and the City as set forth in the Building Code adopted in this chapter.

(Code 1972 §8-64)

11-12.3 Height Limitations.

a. Generally. Except as provided in paragraph d., a fence or wall not more than six (6') feet in height, or a hedge maintained so as not to exceed six (6') feet in height, may be located along the side or rear lot lines, if the fence, wall or hedge does not extend into the required front yard nor into the side yard required along the side street on a corner lot, except where the side yard abuts a parkway of ten (10') feet or more, which in this case shall also include that portion of the rear yard abutting the intersecting street where accessory buildings are prohibited. This paragraph shall not be so interpreted as to prohibit the erection of a fence enclosing an elementary or high school site. This paragraph shall not abrogate the requirements of the electrical safety orders of the division of industry safety of the State and compliance therewith shall be deemed to be compliance with this subsection.

b. Fences in Residential Districts. In any use district classified as R-1, R-2 or R-3 or P-1 used as residential, the following maximum height limitations for fences are established:

1. No fence shall be greater than six (6') feet above the natural level of the ground in any area.

2. No fences shall be greater than four feet six (4'6") inches in height in any area where the distance, measured at right angles, from the side of the proposed fence to any dwelling is less than three (3') feet.

3. No fence shall be erected more than forty-two (42") inches above the natural level of the ground in any front yard area, nor within the side yard area along the street line of a corner lot except:

(a) A fence not greater than six (6') feet in height may be erected along the street line of a corner lot, other than a reversed corner lot, beginning at a point opposite to the rear line of the main building and ending at the rear property line of the lot or parcel of land adjacent to the rear of such corner lot.

(b) A fence not greater than six (6') feet in height may be erected along the street line of a reversed corner lot beginning at a point opposite the rear line of the main building and either terminating at a point within not less than ten (10') feet from the property line of the lot or parcel of land the front yard of which is a continuation of the side yard of the reversed corner lot, or at such point continuing at a forty-five (45°) degree right angle to the property line of such lot or parcel of land the front yard of which is a continuation of the side yard at the reversed corner lot.

c. Fences in All Use Districts Other Than Residential. In any district classified other than R-1, R-2, or R-3 no fence shall be greater than four (4') feet, six (6") inches in height in any area where the distance, measured at right angles from either side of the proposed fence to any door or window of a building the first floor of which is used for residential purposes, is less than three (3') feet.

d. Exceptions:

1. Notwithstanding any other provisions of this section, any portion of a fence or any gate connecting a fence with a building may be erected to a height equal to the height of the main portion of the fence.

2. In cases where an alley intersects a street or another alley, no fence shall project into the corner cut off formed by a diagonal straight line connecting a point on the alley property line and a point on the intersecting street or alley property line, such points being located six (6') feet equidistant from the point of intersection of the property line.

3. Distance measurements as provided in this subsection shall not apply to the wall of a garage attached to a dwelling where the garage is located along any side or rear lot line.

(Code 1972 §8-65)

11-12.4 Prohibited Fences.

No barbed wire or other sharp pointed fence and no electrically charged fence shall be erected, constructed, or maintained in the City. (Code 1972 §8-66)

11-12.5 Swimming Pool Fences.

a. Each person owning land, or in possession of land, within the City, either as owner, purchaser under contract, lessee, tenant, or licensee, upon which a swimming pool is located, shall erect and maintain thereon a fence or building wall enclosing the area within which the pool is located. The fence or wall shall have no openings more than five (5") inches in width, and shall be not less than six (6') feet high and, except where the wall is also the wall of a building, shall not be more than six (6') feet high.

b. Any door or gate opening into the area in which a swimming pool is located shall be equipped with self-closing and self-latching devices, so arranged that the closing and latching devices cannot be operated or opened from a height of less than four feet six (4'6") inches above the finished grade and shall be designed to be inaccessible from the outside to small children and intended to keep the gate or door securely closed when the swimming pool is not in use; however, the door of any building forming any part of the required enclosure need not be so equipped.

c. No hedge or other plant material shall be used as a fence to enclose any swimming pool as required by this subsection.

d. The provisions of paragraphs a., b., and c. of this subsection shall not apply to property upon which is located a public swimming pool for which a charge of admission is required to be paid for the use thereof, nor to property used for religious and educational institutions, apartment house, motel or hotel purposes, if either:

1. A competent person is provided who shall keep the swimming pool under observation at all times while water is kept therein.

2. A pool cover or other protective device approved by the Building Official is provided, which cover or device shall be in place at all times when the pool is not in use or not under the observation of a competent person.

e. As used in this subsection, the phrase swimming pool shall mean any structure, used or intended to be used for swimming, wading, and other similar and related recreation activities, whether located above or below ground level, which contains water in a depth greater than three (3') feet at any point therein.

(Code 1972 §8-67; Ord. #952, §1)

11-12.6 Enclosures for Parking Lots and Certain Abutting Uses.

When property being developed for parking abuts property used for a residential purpose, it is the purpose of the City Council to provide maximum protection to adjacent residents from noise, smoke, fumes and unsanitary and unsightly conditions; to carry out this purpose, a masonry wall shall be erected and maintained along the common property line of the abutting property as follows: The exact design of the wall shall be within the discretion of the Building Official except that the following standards shall be followed and maintained:

a. The wall shall be a minimum of six (6') feet in height, except as otherwise provided, for the most of its length, but shall be stepped down in an attractive manner as it approaches a public street to a minimum height of thirty-six (36") inches.

b. If the sketch or plan submitted to the Building Official in connection with an application for a building permit, or a site plan filed with the City Manager, provides for more than twenty-five (25) parking spaces, the City Manager or any other employee of the city designated by him shall take a census, which may be verbal, of all adult residents whom he is able to contact on one (1) visit, or by one (1) written communication, who resides within two hundred (200') feet of the property lines of applicant’s property, to determine whether they prefer a wall having a minimum height through most of its length of six (6') feet or eight (8') feet; the census shall be for the benefit of the City Manager only and the result shall not, of itself, be determinative of the height of the wall. If, in the discretion of the City Manager, a wall eight (8') feet in height through most of its length will best serve the interests of the City and adjacent property owners and residents, he shall negotiate a written agreement with applicant whereby the applicant agrees to build the wall to a height of eight (8') feet through most of its length as designated by the City Manager and as agreed upon.

c. Under no circumstances shall such a wall exceed eight (8') feet in height nor shall it be less than thirty-six (36") inches in height.

d. The portion of the wall which is eight (8') feet in height shall be not less than six (6') feet above the surface of the parking lot and not less than eight (8') feet above the surface of the adjoining property.

e. That the portion of the wall which is six (6') feet in height shall not be less than four (4') feet above the surface of the parking lot and not less than six (6') feet above the surface of the adjoining property.

f. Residential purposes, as used in this subsection, shall mean family and bachelor use for dwelling purposes and shall exclude school use as defined by the Zoning Ordinance of the City.

g. Such a wall shall not extend into the front yard or side yard setback required in any abutting residential or P zone used for residential uses before Ordinance No. 808 became effective on October 5, 1966.

h. Where the property being developed for parking is across a street or highway from property in a residential zone or a P zone used for residential purposes before Ordinance No. 808 became effective on October 5, 1966, the fence or wall shall be thirty-six (36") inches in height and shall be erected and maintained not less than five (5') feet from the property line. The area between the property line of the fence or wall shall be planted with lawn, shrubs or flowers, and shall be continuously maintained in good condition. Where the property being developed for parking is across a street or highway from property in any other zone than a residential zone, or property in a P zone used for residential purposes before Ordinance No. 808 became effective on October 5, 1966, and the property across from the property being developed for parking is actually being used for a residential purpose, the fence or wall shall be three and one-half (3 1/2') feet in height, and shall be erected and maintained not less than five (5') feet from the property line, except that such fence or wall may be closer than five (5') feet to the property line, if the location and type of development is approved by the City Manager. The fence or wall required along the front of such property shall not be nearer to the front property line than the required front yard or side yard of such abutting property for a distance of fifty (50') feet from the common boundary line, and shall be three and one-half (3 1/2') feet in height. The area between the property line of such lot and such fence or wall shall be planted with lawn, shrubs, or flowers, and shall be continuously maintained in good condition. Where a C-3, M-1 or M-2 use abuts property in a residential zone or in Zone P used for residential purposes, a masonry wall six (6') feet in height shall be erected and maintained along the common boundary line of such abutting property.

i. Where a C or M use abuts property in a residential zone a masonry wall of a height as determined in paragraph b. shall be erected and maintained along the common boundary of such abutting property. The wall shall not be less than four (4') feet in height above the natural level of the ground classified for a C or M zone use immediately adjacent to such wall and not less than six (6') feet in height above the surface of the adjoining property. (Code 1972 §8-68)

11-12.7 Nonconforming Fences.

Any fence lawfully erected or constructed prior to January 3, 1963, or prior to the effective date of this section, wherein this materially changes, amends, or alters the former subsections of this section and not conforming with the location requirements and height limitations prescribed by such chapter shall be classified as nonconforming and shall be subject to all applicable provisions concerning nonconforming uses. (Code 1972 §8-69)

11-12.8 Construction Standards.

a. On chain link, metal post fences, wooden fences or post and slab fences, all supporting post members shall be set twenty-four (24") inches into base soil with concrete base four (4") inches in all dimensions larger than the post. Wood posts in the ground shall be construction grade redwood or cedar.

b. On all masonry type fences, foundations shall be twelve (12") inches wide up to six (6') feet in height, and fourteen (14") inches wide up to eight (8') feet in height, with a depth of twelve (12") inches into firm, undisturbed soil.

c. On walls to a maximum height of four (4') feet, steel shall be three-eighths (3/8”) inch vertical spaced forty-eight (48") inches on center, with hook bar eight (8") inches in foundation and to one (1") inch of the top block of wall.

d. On walls to a maximum height of five (5') feet, steel shall be thirty-two (32") inches on center and on walls to a maximum height of six (6') feet, steel shall be twenty-four (24") inches on center and shall be three-eighths (3/8”) inch horizontal bar on top of lowest run of blocks, and three-eighths (3/8”) inch horizontal under the top row of blocks, with all cells of the wall containing reinforcing to be solid grouted one (1) part cement, two (2) parts sand and three (3) parts pea gravel.

e. On walls to a maximum height of seven (7') and eight (8') feet, both vertical and horizontal steel shall be twenty-four (24") inches on center and solid grouted. (Code 1972 §8-70)