A.   The purpose of this chapter is to establish standards for storage yard fences and to improve the appearance of the city by improving the appearance of existing legal nonconforming storage yards that have fallen into disrepair and have become unattractive and detract from the high quality appearance of the commercial and industrial areas. The requirements of this chapter to replace existing privacy fences to screen storage yards from view from public rights-of-way are necessary because many existing storage yard privacy fences are chain link fences in poor repair and unsightly condition due to damaged fence posts and gates, deteriorated, broken or missing wood, metal or plastic privacy slats or sagging, torn or faded mesh screen fabric fence coverings. The unsightly condition of these existing storage yard fences detracts from the neat and orderly appearance of the city and negatively affects property values.

   B.   The City recognizes the need for outdoor storage yards and outdoor storage areas. The additional standards as found in section 20.22.055 of this chapter are necessary to maintain and conceal the storage within storage yards and outdoor storage areas from view from adjacent public rights-of way and to reduce the discharge of sediment, debris, oils, greases and other pollutants in urban and storm water runoff. These standards serve to improve the appearance of existing commercial and industrial properties.

(Ord. 2011-04-1423 § 5(part))

   A.   Outdoor storage area. "Outdoor storage area" means any portion of a property, used for the primary purpose of storing, keeping or maintaining, whether on a temporary or permanent basis, durable goods, materials, equipment, vehicles, stockpiles or other similar items outside. All outdoor storage areas shall comply with the provisions of Chapter 20.22, unless exempted.

   B.   Storage yards. "Storage yard" means any property used for the primary purpose of storing, keeping, or maintaining, whether on a temporary or permanent basis, durable goods, materials, equipment, vehicles, stockpiles, or other similar items outside. All storage yards shall comply with the provisions of Chapter 20.22, unless exempted.

(Ord. 2011-04-1423 § 5(part))

   A.   Notwithstanding any other provision of law, all storage yards and outdoor storage areas located in the city shall be enclosed by a fence, wall, or gate, installed and maintained in a good first class condition.

   B.   Those portions of the fence, wall or gate which are visible from a public right-of-way, including the public view across vacant parcels, shall comply with compliance plans in accordance with this chapter, except for those storage yards which are exempt under Section 20.22.030. In addition, for purpose of this chapter only, public alleys shall not be construed as a public right-of-way.

   C.   Storage within the storage yard or outdoor storage area that is visible from public rights-of-way shall be maintained and concealed in accordance with Section 20.22.055.

   D.   For the purpose of this chapter, the property owner(s) shall be determined as the taxpayer shown in the most recent Los Angeles County Assessor's Tax Rolls. All property owner(s) shall be jointly and severably liable with tenants, uses, businesses, and licensees of the property responsible for any failure to comply with the provisions of this chapter. In the case of property owned by a corporation, trust or other similar entity, the corporate officer(s) or persons responsible for the trust or similar entity shall be jointly and severably liable for failure to comply with the provisions of this chapter.

(Ord. 2011-04-1423 § 5(part))

   A.   The director shall exempt the following storage yards from the replacement fence requirements:

   1.   Storage yards for the display of merchandise for sale or rent when the public view of merchandise is necessary for retail sales such as but not limited to: automobiles, other vehicles, boats or watercrafts and plants in a nursery.

   2.   Storage yards in full compliance with the requirements of Chapter 20.21, Orange Avenue Overlay District.

   3.   Storage yards located on oil operation sites, as described in Chapter 16.20, provided such storage yards are in full compliance with all of the requirements of Section 16.20.190 pertaining to limited storage of drilling or production equipment, tubing, rods, drums and fittings.

(Ord. 2011-04-1423 § 5(part))

   All storage yard fences, and parts thereof, shall comply with the following requirements and standards:

   A.   Fences shall be new six to eight foot high chain link fences with sturdy vertical galvanized steel posts set in solid footings with horizontal galvanized pipe members to provide a sturdy framework for the stretching of chain link consistent with City Standard Plan No. 230.

   B.   Fences shall utilize privacy insert slats that shall be durable dark green color vinyl designed to fit the chain link and installed evenly to provide uniform appearance and screening of storage consistent with Exhibit of Acceptable Storage Yard Fences.

   C.   Replacement fences may include salvageable existing sturdy fence posts, however, new chain link fence must be stretched tightly and top and/or bottom horizontal pipe members added along with additional posts necessary to provide a frame sturdy enough to stretch chain link tightly.

   D.   Fences shall generally conform to yard and setback requirements of the underlying zone except that replacement fences may be placed in the same location as the existing fence irrespective of building setbacks or yard requirement of the underlying zone.

   E.   No sign may be attached to any storage yard or outdoor storage area fence except as provided by the sign ordinance.

   F.   Three-strand barbwire may be attached atop the fence, but shall not overhang the public right-of-way. Razor or concertina wire shall be prohibited.

   G.   Building permits shall be obtained for all replacement fences.

   H.   All storage yard and outdoor storage area fences and gates shall be installed and maintained in a good first class condition consistent with the standards herein.

(Ord. 2011-04-1423 § 5(part))

   Concurrent with the adoption of this chapter, the city council shall adopt and incorporate that exhibit entitled "Exhibit of Acceptable Storage Yard Fences," which illustrates and compares fences that do and do not comply with the provisions of this chapter and Section 20.22.040. The director shall maintain in the office of the community development department and shall use said exhibit in making determinations regarding compliance plans, alternative compliance plans and construction of replacement fences.

(Ord. 2011-04-1423 § 5(part))

   A.   Stacking of containers shall be prohibited.

   B.   Storage on top of containers shall be prohibited.

   C.   Storage on top of vehicles shall be prohibited.

   D.   Lots Adjacent to Residential Districts. Whenever a storage yard or outdoor storage area is adjacent to a residential zone along a common property line, the storage shall be setback a minimum five feet from the property line.

   E.   Storage within designated parking areas as required under Chapter 20.70 of the Signal Hill Municipal Code shall be prohibited.

   F.   Storage shall not be visible from the immediate adjacent public rights-of-way, above the height of the fence. Exceptions include commercial company vehicles and other larger, bulky items which may be concealed as part of an alternative compliance plan, pursuant to Section 20.22.060. For purposes of this chapter only, public alleys shall not be construed as public rights-of-way.

   G.   Property owners/operators shall comply with Best Management Practices (BMPs) for storm water runoff pursuant to pursuant to Sections 12.16.110 B and C.

(Ord. 2011-04-1423 § 5(part))

   A.   Review by the Director. For all storage yards and outdoor storage areas existing in the city on the effective date of this chapter, the director shall determine whether the fencing, walls, gates and storage within existing storage yards and outdoor storage areas are in compliance with the provisions of this chapter.

   B.   Non-Compliant Properties. For each storage yard and outdoor storage area that is not in compliance, the director shall prepare a compliance plan to advise the property owner how to bring the storage yard into compliance with the provisions of this chapter and Sections 20.22.040 and 20.22.055.

   1.   Notice. The compliance plan shall be mailed to the property owner by certified mail, return receipt requested, or posted on the property in a conspicuous manner if the return receipt is not returned for any reason.

   2.   Compliance Plan. The property owner shall, within one hundred eighty days of the date of mailing or posting, whichever is later, bring the subject property into compliance with this chapter and the provisions of Sections 20.22.040 and 20.22.055, as described in the compliance plan.

   3.   Alternative Compliance Plan. Any property owner may, within ninety days of the date of mailing or posting, whichever is later, propose an alternative compliance plan by submitting detailed site and building plans prepared by a state licensed architect or engineer. The director may approve an alternative compliance plan if the plans provide for comparable or better screening, such as a solid decorative block wall or high quality solid fence, and better concealment standards such as removal, or reorganization of storage within the storage yard or outdoor storage area. The director shall give written notice of action on the alternative compliance plan as provided in subsection 1 above. Regardless of whether the alternative compliance plan is approved or disapproved by the director, the property owner shall bring the property into compliance by taking the action provided for in the compliance plan or the approved alternative compliance plan no later than one hundred eighty days of the date of the original mailing or posting, unless additional time is granted by the director, which shall not exceed an additional ninety days. Any request for additional time shall be made in writing, agree to comply with the requirements of this chapter, provide justification for the request, state an estimated completion date and be signed by the property owner(s).

   C.   Compliant Properties. Property owners of storage yards and outdoor storage areas who are notified by the director that their existing fences, walls, gates and concealment standards for storage yards and outdoor storage areas are in compliance with the provisions of this chapter shall be responsible for maintaining the property in accordance with this chapter. If, subsequent to such notification of compliance, the director determines that any storage yard fence has become damaged, deteriorated, not repaired or properly maintained, or otherwise non-compliant with this chapter, the director may create a compliance plan in accordance with Section 20.22.060.B, which shall require the property owner to complete repairs and/or maintenance of damaged or deteriorated fences. Further, if, subsequent to such notification of compliance, the director determines that any additional concealment standards for storage yards and outdoor storage areas have become non-compliant with this chapter, the director may create a compliance plan in accordance with Section 20.22.060.B, which shall require the property owner to complete maintenance standards for the storage yard or outdoor storage area.

(Ord. 2011-04-1423 § 5(part))

   Existing nonconforming storage yards as inventoried and on file in the Community Development Department may continue as provided in Chapter 20.82 and subject to compliance plan requirements as provided in Section 20.22.060 of this Chapter.

(Ord. 2011-04-1423 § 5(part))

   A.   Any property owner wishing to appeal the finding of the director that his or her property is subject to this chapter, or any aspect of the compliance plan prepared by the director or any action on an alternative compliance plan, shall file such appeal in writing with the city clerk within ten calendar days of the date of mailing or posting of the notice described in Section 20.22.060. Appeals fee shall accompany any filing.

   B.   Appeals shall be heard by the planning commission. The planning commission may sustain, modify or overrule the decision of the director. The determination of the planning commission shall be final unless appealed in writing with the city clerk within ten calendar days of receipt of the commission's denial.

   C.   Decisions of the planning commission may be appealed to the city council utilizing the same procedures as provided herein.

(Ord. 2011-04-1423 § 5(part))

   A.   Any property owner failing to comply with any requirement of this chapter shall be guilty of a misdemeanor as provided in Chapter 1.16.

   B.   Nothing in this section shall be construed as limiting or affecting the city's ability to enforce the provisions of this chapter through any other means including, but not limited to, administrative citation and fine, civil or injunctive relief, or revocation of any conditional use permit or license. Additionally, failure to comply with the requirements of this chapter shall constitute a public nuisance which may result in abatement by the city in accordance with Chapter 8.12 and a lien recorded against the property.

   C.   In the event any enforcement action, the city may recover any and all costs of enforcement against the property owner.

(Ord. 2011-04-1423 § 5(part))