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Portola Valley City Zoning Code

CHAPTER 18

43 - FENCES

18.43.010 - Purpose.

The purpose of the fence regulations is to ensure that fences in required yards in residential zoning districts conform to the following principles:

Fences should be designed with consideration for the open space tradition of Portola Valley.

Fences should be used sparingly in order to preserve a sense of the shared scenic resources of the community.

Fences should be designed with respect for the movement of wildlife and the protection of views.

Fence designs and materials should blend with the natural environment and maintain the natural and rural ambiance of the town.

The above principles shall be followed by residents, town planning staff and the ASCC when designing or developing fences or considering fence permit applications.

(Ord. 2005-360, § 3, 2005)

18.43.020 - Location.

A. In residential zoning districts fences may be erected in the following locations:

1.

In districts requiring a minimum parcel area of less than one acre, domestic fences or fences consistent with the standards of a horse fence are allowed in required yards, including along property lines.

2.

In districts requiring a minimum parcel area of one acre, domestic fences or horse fences are allowed in required yards, including along property lines, except that a domestic fence in a front yard must be set back at least twenty-five feet from the front property line.

3.

In districts requiring a minimum parcel area of two acres or more, only horse fences are allowed in required yards, including along property lines.

4.

In addition to the above limitations, in districts requiring a minimum parcel area of one acre or more, domestic fences and horse fences in required yards shall be allowed only on slopes of twenty percent or less.

5.

Along riparian corridors, fences shall be set back a minimum of twenty feet from the top of a creek bank. The top of the creek bank shall be determined on a case-by-case basis by Town Planning staff or the ASCC based on physical inspection of site conditions.

6.

Double fencing (where two or more fences are placed parallel to one another often for the purpose of deterring deer or other animals) must be located within the building envelope of a parcel.

(Ord. 2005-360, § 3, 2005)

18.43.030 - Height.

A. The height of a fence is the vertical distance measured from the surface of the actual adjoining ground to the top of the fence. For the purpose of applying height regulations, the average height of the fence along any unbroken run may be used, provided the height at any point is not more than ten percent greater than that normally permitted.

B.

Fences in residential zoning districts are subject to the following height limits:

1.

Fence heights shall not exceed four feet in front yards, six feet in side and rear yards, and four feet in side yards along road rights-of-way.

2.

Horse fences shall not exceed four feet in height.

3.

Fences adjacent to public trails and paths in districts requiring a minimum parcel area of one acre or more shall not exceed four feet in height.

C.

A fence of normally permitted height under this section shall not be placed on top of fill designed so as to effectively increase the elevation of the top of the fence.

D.

The height of a retaining wall, or a retaining wall with a fence erected on top of it, is measured from the exposed bottom of the wall to the top of the wall/fence.

E.

The height of a fence placed on top of a fill supported by a retaining wall is measured from the top of the natural grade directly below the wall to the top of the fence.

(Ord. 2005-360, § 3, 2005)

18.43.040 - Opacity.

A. Fences are subject to the following fence opacity limits:

1.

In districts requiring a minimum parcel area of less than one acre, fences in front yards shall not exceed fifty percent opacity.

2.

In districts requiring a minimum parcel area of one acre, domestic fences in front yards shall not exceed fifty percent opacity.

3.

Fences in side yards adjacent to road rights-of-way shall not exceed fifty percent opacity.

4.

Horse fences shall not exceed fifty percent opacity.

5.

Fences adjacent to public trails and paths in districts requiring a minimum parcel area of one acre or more shall not exceed fifty percent opacity.

6.

Fence members shall not exceed a six inch width when viewed perpendicularly to the plane of the fence for fences subject to an opacity limit.

7.

Retaining walls are exempt from opacity limits.

(Ord. 2005-360, § 3, 2005)

18.43.050 - Color reflectivity.

A. The reflectivity value for colors used on fences shall not exceed forty percent, except that naturally weathered wood may exceed such limit.

(Ord. 2005-360, § 3, 2005)

18.43.060 - Horse fences.

A. Horse fences shall conform to the following standards:

1.

There shall be no more than three horizontal wood members, each not to exceed six inches in width or no more than four horizontal wood or wire members, each wood member not to exceed four and a half inches in width.

2.

The cross sections of posts must not exceed six inches by six inches; such posts shall not exceed four feet in height and shall be spaced no closer than five feet apart.

3.

Six inch by six inch wire mesh may be attached to a horse fence but shall not exceed the height of the horse fence. Nothing else shall be attached to a horse fence that would violate the standards set forth in Section 18.43.060A and/or alter the visual characteristics of the horse fence.

4.

Horse fence opacity shall not exceed fifty percent. See Section 18.43.040.A.4.

5.

Horse fences shall not exceed four feet in height. See Section 18.43.030.B.2.

B.

Gates attached to horse fences are exempted from Section 18.43.060.A.1.—3., but shall conform to height and opacity standards for horse fences and be of a similar design as a horse fence.

C.

Horse fences that are also used as corral and pasture fences, must, in addition, comply with special requirements as set forth in the town stable ordinance

(Ord. 2005-360, § 3, 2005; Ord. 1988-242 Section 2 (Ex. A) (part), 1988; Ord. 1967-80 Section 1 (6207.4), 1967; Ord. 2001-338 Section 3 (part), 2001).

18.43.070 - Entryway features.

Entryway features, including gates, must adhere to the setback requirements set forth in Section 18.42.016.

(Ord. 2005-360, § 3, 2005)

18.43.080 - Fence permits and administration.

A. Fence permits are required for construction of all fences built within required yards, except as otherwise specified in this section. Fence permit applications shall be made on a form provided by the town planning staff and shall be accompanied by plans demonstrating the design and materials of the proposed fence, the location of the proposed fence and any associated landscaping. A fee shall be paid to cover the cost of review by town planning staff, or on referral, by the town planner. Prior to approving a fence permit, town planning staff shall give written notice to owners of adjoining properties of the permit application. Prior to acting on a permit, town planning staff shall review the proposed design and location in the field, review the plans for conformance with the zoning ordinance and design guidelines, and consider comments from owner(s) of adjoining properties. Town planning staff may take action on a permit or refer it to the ASCC. Written notification shall be given to owner(s) of adjoining properties at least six days prior to action by town planning staff or the ASCC.

1.

Any town planning staff decision may be appealed within fifteen days of the decision by an applicant or an owner of adjacent property to the ASCC.

2.

Any ASCC decision may be appealed within fifteen days of the decision by the applicant or an owner of adjacent property to the board of adjustment.

B.

Fences within required yards that are no more than two feet in height, and no more than twenty feet in total length shall be exempt from this section but shall meet all other provisions of this chapter except Section 18.43.040 regarding opacity.

C.

The ASCC shall have the authority to review existing fences and fence permit applications under the following conditions:

1.

Upon referral from town planning staff, pursuant to Section 18.43.080A.

2.

When acting on architectural review and site development permits, the ASCC shall consider and may require modifications to existing fencing on a property if the ASCC determines that there is a substantial modification to an existing residence or the site improvements of the property. If, in these situations, the ASCC determines that the existing fencing is not in conformity with current fencing standards, the ASCC may require conformity with the fencing regulations. In requiring conformity, the ASCC shall make the finding that the modified or replacement fencing will not result in an adverse effect on neighboring properties and reasonably adheres to the purposes of this chapter.

3.

When a fence permit application demonstrates that the proposed fence cannot conform to the regulations given the conditions on the parcel, the ASCC may grant relief from the fence regulations. In making such determination, the ASCC shall as much as reasonably possible ensure the proposed fence achieves the purpose and principles of this chapter set forth in Section 18.43.010.

4.

When a fence permit application is submitted for a proposed fence in the Mountainous-Residential (M-R) or Open-Area (O-A) zoning districts, the ASCC shall, with input from the conservation committee, make a determination of compliance based on the purposes of this chapter and the fence design guidelines adopted by the town council.

D.

When a portion of a fence exceeding twenty-five percent of the total length of fencing within required yards on a property is damaged or voluntarily removed, any replacement fencing of that portion shall conform to the fence regulations pursuant to a fence permit.

E.

A fence permit becomes null and void if not exercised within one year following the date the fence permit is approved, except:

1.

Where a single project requires both a fence permit and an architectural review approval from the ASCC, and those permits are considered and issued together, the fence permit shall have the same expiration period as the architectural review approval.

(Ord. 2012-397 § 3, 2012; Ord. 2005-360, § 3, 2005)