This article establishes rules for the measurement of walls and fences and identifies the maximum permitted height and design standards for walls and fences.

(Ord. No. 4062, § 1, 9-10-13)

A.

The height of a fence or wall shall be measured from the adjacent finished grade at the base of the fence or wall to the top edge of the fence or wall.

B.

Ornamental features that provide a screening function and are fifty (50) percent or more opaque shall be included in the height measurement of a fence or wall.

C.

If a fence is atop a wall, the total height shall be measured from the base of the wall. See Figure 24-58-1 (Fence and Wall Height).

D.

If the adjacent finished grade is different on opposite sides of the fence or wall, the height shall be measured from the side with the highest finished grade to the highest point on the fence.

FIGURE 24-58-1 FENCE AND WALL HEIGHT

(Ord. No. 4062, § 1, 9-10-13)

A.

A fence or wall shall not exceed the maximum permitted height as shown in Table 24-59-1 (Maximum Height of Fences and Walls).

Notes:

[1]

Section 10-9 requires fences and walls within setback areas adjacent to a public road to be approved for traffic safety by the Director of Public Works.

[2]

Side property line fences located within the front property line setback that do not visually obstruct line of sight of vehicles entering roadways may be allowed up to six (6) feet if approved by the Director of Public Works.

B.

Two (2) feet of additional fence or wall height beyond that shown in Table 24-59-1 is permitted with the approval of an Administrative Permit.

C.

Within residential zones, an additional two (2) feet of height is permitted without an Administrative Permit for ornamental features that do not provide a screening function, such as an archway over a gate or ornamental figures intermittently situated along the top of a fence or wall.

(Ord. No. 4062, § 1, 9-10-13)

A.

Standards that Apply in all Zones. In addition to any standards in specific zones, the following design standards for fences and walls shall apply in all zones.

1.

Fences and walls shall not be constructed of inappropriate materials such as sheet metal, vehicles, underground/above-ground tanks, garage doors, aluminum siding, corrugated tin, non-constructed or dumped piles of rock, soil or debris, and other similar materials not specifically designed for use as fencing.

2.

Fence and wall design shall conform to the California Building Code and all development standards required for safety.

3.

The use of barbed wire, razor wire, and other similar materials is permitted only in the Rural Residential, Rural Country Residential, Foothill Residential, Foothill Country Residential, Timber Mountain, Industrial, Agriculture, and Timber Production zones.

B.

Standards that Apply in Urban Zones. The following design standards for fences and walls shall apply only in urban zones.

1.

Fences and walls shall be constructed of decorative masonry, ornamental steel or iron, or wood. Other materials may be considered if the Zoning Administrator determines the design to be compatible with adjacent structures and its surrounding neighborhood.

2.

Fences and walls shall be constructed so that no hazards, such as nails, spikes, wires or other sharp or pointed objects, protrude from or exist upon the fence.

(Ord. No. 4062, § 1, 9-10-13)

Any wall or fence that does not comply with the design requirements specified in Section 24-60.A.1 and A.3 (Design) of this article, shall be regarded as a nonconforming use that may be continued until five (5) years after the effective date of the Zoning Ordinance. At the conclusion of the amortization period, fences shall be removed or replaced in conformance with this article.

(Ord. No. 4062, § 1, 9-10-13)

A.

Purpose. The purpose of this article is to regulate golf ball safety nets as defined in section 24-61.1.B.1. and 24-304. Such golf ball safety nets are designed to protect property, and the health and safety of residents adjacent to established golf courses and shall be subject to an administrative permit issued pursuant to this article. Regulation of golf ball netting is necessary to ensure that they are compatible with surrounding properties with the standards as described in section 24-61.1 E., maintained in proper working order and constructed with appropriate Butte County building code review. The golf ball safety nets are otherwise exempt from the walls and fences sections 24-59 and 24-60 with regards to setbacks, height limitations and types of permitted walls and fences.

B.

Definition.

1.

Golf Ball Safety Nets. For the purpose of this article, "golf ball safety nets" shall mean any netting type situated along the property line of a zone that permits a residential structure that is designed to block errant golf balls from adjacent golf courses, thus limiting potential injury to persons or damage property. The height of such nets is determined by a qualified study and may exceed one hundred (100) feet.

C.

Applicability. The provisions set forth under this section apply to all residentially zoned properties, or zone that allows a residential use, adjacent to an established golf course.

D.

Permit Process. All golf ball safety nets as described under this section require the approval of an administrative permit through the Department of Development Services. Golf ball safety net administrative permits are ministerial and are considered categorically exempt under section 15268 of the California Environmental Quality Act (CEQA). The administrative permit application shall include the following items:

1.

Applicant Information. The name, mailing address, email and telephone number of the applicant. The applicant shall submit proof of ownership of said premises.

2.

Qualified Study. The total proposed height of the golf ball net will be established and supported by a qualified study through golf ball impact analysis, illustrated with elevation views of the net. The study shall be submitted with the Administrative Permit and reviewed by the Development Services Department.

3.

Location of the Golf Ball Safety Net. A site plan illustrating the proposed location of the golf ball net on the subject property.

4.

Supporting Evidence to Meet Design Standards. A detailed explanation of the applicant's conformance to the design standards found in section 24-61.1.E.

E.

Design Standards. Administrative Permits for all golf ball safety nets are subject to design standards under this section. Sufficient information must be submitted with the application to determine compliance with these standards. The design shall conform with the findings set forth within the qualified study.

1.

Aesthetics. Applicant shall provide the color of the nets and posts that must match the surrounding area (i.e., nearby structures and vegetation) so as not to be considered an unwanted attraction. The applicant shall furnish samples of the material or photos that adequately represent the material being used. The review of the aesthetic qualities of the golf ball safety net will be evaluated by the Director of Development Services or their designee upon successful application of the administrative permit.

2.

Maintenance. The golf ball net shall be maintained at all times in a complete and functional manner. Replacement of netting shall take place in accordance with manufacturer recommendations. This requirement applies to the current and future owners of the subject property. If the golf ball net is not maintained and repaired in a complete and functional manner, the structure will be subject to Chapter 41 Code Enforcement action.

3.

Location. The location of the golf ball net must be on the subject property along the property line(s), or easement, adjacent to the golf course as analyzed and supported by a qualified study.

4.

Department of Development Services, Building Division.

a.

Applicant shall satisfy all California State Building Code requirements and apply for a Building Permit with the Butte County Department of Development Services Building Division pursuant to Chapter 26 of Butte County code.

5.

Height Restrictions.

a.

Golf course netting height within an airport compatibility zone shall be incompliance with the height restrictions per the Butte County Airport Land Use Compatibility Plan Table 3A (Compatibility Zones B1/B2 - no greater than thirty-five (35) feet; C—no greater than seventy (70) feet; D—no greater than 100 feet). If additional height is requested above the allowed maximum height, an airspace review by the Butte County Airport Land Use Commission will be required.

b.

Aerial Agricultural Applicators Notification. For netting located on a parcel adjacent to an Agriculture zone, upon permit approval, the Development Services Department shall send a notification to all aerial agricultural applicators registered in the County informing them of the netting's location and height.

F.

Permit Revocation or Modification. The procedures and requirements relating to effective dates, permit expiration, and changed plans are provided for under Butte County Code, Chapter 24, Division 8, Post-Decision Procedures.

(Ord. No. 4261, § 1, 3-25-25)

Editor's note— Ord. No. 4261, § 1, adopted March 25, 2025, set out provisions intended for use as 24-62. To avoid the duplication of section numbers and at the editor's discretion, these provisions have been included as 24-61.1.