Gilroy City Zoning Code
ARTICLE XXXIV
FENCES AND OBSTRUCTIONS
§ 30.34.10 Statement of intent.
It is the intent of this article to control the location, height and materials of fences and other visual or physical obstructions so that they do not adversely affect adjacent properties or obstruct vision along public streets.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.34.20 Required fencing.
(a)
Sound Walls.
(1)
Commercial and industrial development abutting any residential zone shall install a sound wall six (6) feet high, which shall not extend into the required front yard area of any adjacent residential zone.
(2)
Fences or sound walls required to meet sound attenuation standards pursuant to California Administrative Code Title 24 or the California Environmental Quality Act (CEQA) shall supersede the standards set forth in this section.
(b)
Storage of Building Materials and Junk. All storage of building materials, junk, scrap, or waste shall be screened from public view with a fence six (6) feet high, a landscaped soil berm, or an acceptable alternate approved by the planning director.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.34.30 Location and height.
(a)
Residential Districts. Except in the following situations, fences and hedges in residential districts are permitted up to seven (7) feet in height, measured from the finished grade on the higher side of the fence:
(1)
Fences or walls in the front yard higher than three (3) feet above the curb shall be set back at least twenty-six (26) feet from the face of curb.
(2)
On a corner lot, fences, hedges or visual obstructions in the side yard adjacent to the street over three (3) feet above the sidewalk shall be set back at least sixteen (16) feet from the face of curb. In the case where a corner lots abuts the driveway side of a key lot or an alley, a fence, hedge or visual obstruction over three (3) feet above the sidewalk shall be ten (10) feet back from the street side property line for a distance of at least ten (10) feet from the rear property line.
(3)
Fences, hedges or other visual obstructions on a corner lot shall comply with section 20.60.
(4)
Where a fence is built upon or in conjunction with a retaining wall within five (5) feet of a property line, the maximum height of the retaining wall shall be three (3) feet. No additional retaining walls may be constructed within five (5) feet of the first wall; the maximum height of any additional retaining wall shall be six (6) feet.
(5)
Fences or walls adhering to the setbacks required for a main building are permitted up to eight (8) feet in height. Such fences or walls shall be set back a minimum of six (6) feet from any side lot line.
(6)
Fences adjacent to alleys are permitted up to seven (7) feet in height.
(7)
Landscape amenities such as arbors, trellises and pergolas shall be limited to eight (8) feet in height in the front yard setback and shall not create any safety hazards by blocking the view for traffic or pedestrians.
(b)
Commercial and Industrial Districts. Except in the following situations, fences and hedges in commercial or industrial districts are permitted up to seven (7) feet in height, measured from the finished grade on the higher side of the fence:
(1)
Fences or walls higher than three (3) feet shall not be built within the required front or street side yard landscape area. Any fences or walls higher than three (3) feet within the required front or street side setback shall not block any vehicular or pedestrian visibility.
(2)
Where a fence is built upon or in conjunction with a retaining wall within five (5) feet of a property line, the maximum height of the retaining wall shall be three (3) feet. No additional retaining walls may be constructed within five (5) feet of the first wall; the maximum height of any additional retaining wall shall be six (6) feet.
(3)
Fences, hedges or other visual obstructions on a corner lot shall comply with section 20.60.
(4)
Fences or walls adhering to the setbacks required for a main building are permitted up to twelve (12) feet in height, except when abutting any residential zone. Fencing over seven (7) feet in height shall be designed as an integral part of the main building on the site, and shall be approved through the architectural and site review process under section 30.50.40.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.34.35 Monitored perimeter security fence system.
“Monitored perimeter security fence system”
means a perimeter alarm system with an assembly of battery-powered equipment, including but not limited to: a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system’s battery, and other integrated components.
(a)
The design, construction, and use of monitored perimeter security fence systems shall be allowed, subject to the following requirements:
(1)
IEC Standard No. 60335-2-76. Unless otherwise specified herein, monitored perimeter security fence systems shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current edition.
(2)
Power Source. The energizer for monitored perimeter security fence systems must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.
(3)
Perimeter Barrier. Monitored perimeter security fence systems shall be installed behind a nonelectrified fence or wall that complies with section 30.34.30(b).
(4)
Emergency Gate Access. Before a monitored perimeter security fence system is activated, a Knox device shall be approved by the fire department. The Knox device will be installed at the main entry gate and fully functional at all times when the monitored perimeter security fence system is operational.
(5)
Setback. The perimeter security fence shall be set back six (6) inches to twelve (12) inches from the nonelectrified fence or wall in order to prevent inadvertent access to the battery-charged fence.
(6)
Design/Height. The monitored perimeter security fence shall be visually transparent and comprised of twenty (20) twelve and one-half (12.5) gauge galvanized steel wires which are run horizontally to the height of ten (10) feet, or two (2) feet higher than the perimeter barrier fence (whichever is greater).
(7)
Warning Signs. Monitored perimeter security fence systems shall be clearly identified with bilingual warning signs that read: “Warning – Electric Fence” at intervals of not less than thirty (30) feet.
(8)
Location. Monitored perimeter security fence systems shall only be permitted on commercial and industrial zoned properties.
(b)
Police Department Permit Requirements. All monitored perimeter security fence systems shall be permitted in accordance with Chapter 3B (Alarm Systems).
(c)
It shall be unlawful for any person to install, maintain or operate a monitored perimeter security fence system in violation of this chapter or Chapter 3B (Alarm Systems).
(d)
The monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary. The system shall not directly connect to or call law enforcement. The business must first verify the alarm event prior to requesting deployment of law enforcement.
(Ord. No. 2021-02, § 2, 7-1-2021)
§ 30.34.40 Prohibited materials.
(a)
Barbed Wire Fences. Barbed wire, razor wire or similar fences shall not be installed within the city, except for security fences in commercial and industrial zones. Barbed wire, razor wire or similar fences shall not be installed within the area encompassed by the downtown specific plan.
(b)
Electrified Fences. Electrified fences, other than those permitted by section 30.34.35, shall not be installed within the city.
(c)
Wire Mesh Fences. Wire mesh fences shall not be installed within any required front yard, side yard or rear yard setback area whenever this is adjacent to a street in any residential or commercial zone. In the downtown specific plan districts, no wire mesh fencing will be installed within the front thirty (30) feet or the side or rear twenty (20) feet whenever adjacent to a street or an alley. Wire mesh fences shall not be installed along any water district channel or railroad corridor, unless coated with a dark vinyl or similar material.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013; Ord. No. 2021-02, § 1, 7-1-2021)
