Waterford City Zoning Code
CHAPTER 17
62 FENCING, WALLS AND HEDGES
§ 17.62.010 Purpose.
A.
To provide residents and businesses with greater security and protected outdoor living space through fencing of property while allowing light, views, access and visibility for the health, safety and welfare of the citizenry. Limitations on fencing also serve to maintain the aesthetic value of the city.
B.
To promote security for people and property by improving natural surveillance, natural access control and territorial reinforcement.
(Ord. 2011-02 §1)
§ 17.62.020 Applicability.
This chapter shall apply to all new fences constructed on private property after January 1, 1995. All fences built prior to the date of adoption of the ordinance codified in this chapter may remain subject to the conditions of this chapter.
(Ord. 2011-02 §1)
§ 17.62.030 Standard fences-Height, regulation and exceptions.
A.
All property within an R (residential) district shall conform to the following:
2.
Side Yard.
a.
Interior Property Line. Maximum six feet high between front yard setback and rear yard;
b.
Corner. Maximum three feet high in front yard setback; six feet high outside of setback.
c.
Side and Corner Lots. Fences with visual clearance (such as chain link) may be allowed up to four feet in height, subject to staff approval.
3.
Rear Yard. Maximum six feet on rear property line.
4.
Reverse Corner Lots—Fences Up to Six Feet. Fences, walls and hedges not exceeding six feet in height, measured from the highest finished grade from any adjoining and subject properties, may occupy a side or rear yard area, provided:
a.
That such fence, wall or hedge does not extend into any front yard.
b.
That, in the case of reverse corner lots where such lot has a rear yard that abuts the front yard of an adjacent lot's front yard and corner lots, such side yard fence shall not be located closer than ten feet to the street side curb-face or beyond the property line, whichever is closer to the street. In the instance where such side yard fence extends into a public right-of-way or easement, the fence shall be subject to review, approval, restrictions and limitations described herein.
c.
Such fence shall not be within fifteen feet of any street side curb-face within twenty feet of the intersection of any alley and street right-of-way line.
B.
All property within all districts where R (residential) uses are not permitted and all AG (agricultural) and RE (residential estate) districts, fence, wall and hedge standards shall be as prescribed in the respective district standards.
C.
Height Exceptions.
1.
Front and Side Yard (Corner). No fence, wall, hedge or screen planting of any kind located between the front property line and the required front yard setback shall be constructed, grown or maintained to exceed three feet in height, unless architectural review approval as to its height, placement and design is obtained pursuant to the procedures of Chapter 17.52.
a.
Exceptions. This provision shall not apply to the following items; provided that such amenities do not significantly obstruct vehicular or pedestrian visibility or significantly obscure light and views to affected properties:
i.
Specimen trees or shrubs;
ii.
Light poles or pilasters (not to exceed seven feet in height and eighteen inches in width);
iii.
Front yard fence posts with attached lights (not more than two permitted, not to exceed four feet in height plus light fixture and not to exceed eighteen inches in width and depth);
iv.
Gates no higher than the permitted fence height;
v.
Trellises used for pedestrian purposes (not to exceed eight feet in height, five feet in width and five feet in depth);
vi.
One mailbox structure not to exceed four feet in height;
vii.
Up to three statuary structures not to exceed eight feet in height, two feet in width and two feet in depth;
viii.
Chain link fences either vinyl coated or galvanized shall be allowed in residential, commercial and industrial areas;
ix.
Fencing of electrical substations, which may be constructed to the height required by law;
x.
Fences which enclose school grounds, public playgrounds, tennis courts, public swimming pools or other public areas which are used for athletic purposes may be erected to a height in excess of six feet with the approval of the planning director;
xi.
Other structures which in the opinion of the planning director are of a similar nature.
2.
Rear and Interior Side Yards. No fence, wall or hedge of any kind located between the required front yard setback and the rear property line shall be constructed or maintained to exceed six feet in height unless architectural review approval as to its height, placement and design is obtained pursuant to the procedures of Chapter 17.52.
(Ord. 2011-02 §1)
§ 17.62.040 Clear zones.
For the purpose of creating visibility to and from the public right-of-way, as well as preserving adjacent property views, the following "clear zones" are required:
A.
Street Corner. A "clear zone" shall be maintained at the street corner, whether the intersection is controlled or not. The clear zone is created by extending the property line to a point and measuring from the point along the property line and street yard property line to a distance of forty feet to a point and connecting these two points to create a "clear zone" triangle.
B.
Height Within Clear Zone. Generally, nothing over three feet in height may be placed or permitted to grow within the "clear zone." A tree or other statuary structures may be permitted by the planning director if site visibility is provided.
(Ord. 2011-02 §1)
§ 17.62.050 Materials permitted.
A.
Materials for construction of permanent fences and walls along property lines shall be limited to the following: redwood, cedar, brick, slump stone, stucco, plaster, cement, wrought iron, or similar materials as determined by the planning director.
B.
Fences and wall proposed along roadways or pedestrian walkways shall be surfaced or screened with landscaping or vegetative material for the purpose of discouraging graffiti.
(Ord. 2011-02 §1)
§ 17.62.060 Maintenance.
All fences and landscaping shall be properly maintained so as not to present a safety hazard or nuisance or a blight to the neighborhood. Failure to maintain the fence and/or landscaping is considered to be a violation of this chapter.
(Ord. 2011-02 §1)
§ 17.62.070 Nonconforming fence regulations.
A "nonconforming fence" is a fence which does not comply with one or more provisions of this chapter, such as height, material, setback, or clear zone, as of the effective date of the ordinance codified in this chapter.
A.
Continuation and Maintenance. A nonconforming fence may be continued, and may be maintained, except as provided in this chapter or otherwise provided by law.
B.
Adding on to Nonconforming Fences. No person shall add on to a nonconforming fence in any manner which increases its nonconformance.
C.
Maintenance or Repair of Existing Nonconforming Fences. Maintenance or repair, including structural repairs, may be made to any nonconforming fence or portions thereof, provided the nonconforming portion(s) of the fence are not changed, or if the change does occur, it is in conformance with the code.
D.
Reconstruction of Damaged Nonconforming Fences. A nonconforming fence damaged by fire or calamity may be reconstructed. If the fence is reconstructed, the nonconforming portions of the fence which relate to health, safety and welfare, shall be brought into conformance with this code. Health, safety and welfare include fences within the front, street side yard and clear zones that do not meet the provisions of this code, including construction standards.
E.
Compliance.
1.
All portions of nonconforming fences shall be brought into conformance with the chapter, including meeting the required construction standards, when the nonconforming fence is clearly on the subject property and the property owner applies to the building department for a building permit which requires a site plan, such as a new house, garage, carport, second-story additions, exterior remodeling, new decks, re-siding and similar projects, provided the estimated value of the improvements exceeds twenty thousand dollars as determined by the city.
2.
If the nonconforming fence is on the property line and the property owner, who applies to the building department for a building permit, does not have complete control over nonconforming portions of the fence, as evidenced by a land survey or other accurate means to determine property lines and fences as approved by staff, the property owner shall not be required to bring the nonconforming portions of the fence into conformance.
3.
The following shall not require compliance: re-roofing, interior remodeling, electrical and gas conversions and the like.
(Ord. 2011-02 §1)
§ 17.62.072 Noise attenuation-Wall regulations.
Noise attenuation wall may be located within a residentially designated or R zoning district subject to high traffic noise levels may be permitted to erect a noise attenuation wall subject to following standards consistent with the general plan and this municipal code.
A.
Noise Attenuation Considerations. Design and construction of noise attenuation walls are subject to the standards set forth in Section 16.03.070, Noise attenuation.
B.
General Design Considerations.
1.
Sound walls should be made of materials which have a good sound absorption rate.
2.
A combination of sound wall and an earth mound or berm should be utilized along road ways to provide landscape areas and improved noise attenuation.
3.
Landscaping shall be included in all wall designs to improve the visual impacts of a wall, reduce potential for graffiti and reduce noise reflection.
4.
Wall design should avoid design that provide a flat even alignment and smooth surface to improve acoustic reflection and visual impacts.
C.
Noise Attenuation Wall Standards. Noise attenuation walls shall be considered permitted subject to the following:
1.
The property fronts on a street, highway or roadway that is designated a major collector or arterial on the city general plan circulation map.
2.
The property is developed or proposed to be developed with a noise sensitive use (i.e., residential) in accordance with the city's general plan noise element.
3.
The property does not have direct access to the street which is the source of noise but is rather accessed from an alley or driveway to a secondary street.
4.
The construction of the noise attenuation wall can be placed behind property lines and public utility lines and maintains a distance of at least five feet between the noise attenuation wall and the residential structure.
5.
The noise attenuation wall will not obscure sight visibility along the roadway or obstruct pedestrian traffic along any existing or planned sidewalk or walkway.
6.
The noise attenuation wall does not exceed six feet in height, is engineered for stability, and the plan is approved by the city engineer.
7.
The noise attenuation wall is subject to the architectural review standards and procedures of the city and is landscaped in such a manner as to be aesthetically pleasing and graffiti resistant.
(Ord. 2011-02 §1)
§ 17.62.080 Enforcement.
A.
The fence standards shall be enforced through the planning department.
C.
Should the property owner fail to comply with the standards within this chapter, the property owner shall be considered in violation of this chapter and subject to the code violation process. This process may culminate in either removal of the fence, a fine, or both in accordance with the provisions of Chapter 17.80, Enforcement.
(Ord. 2011-02 §1)
§ 17.62.090 Prohibited fences.
The following types of fences are prohibited, including, but not limited to, the following:
A.
Barbed wire or razor wire, except as follows:
1.
Upon securing a conditional use permit from the city council that the use of barbed wire or razor wire at the top portion of a fence which is at least six feet in height, after demonstrating a need for security purposes;
2.
On the finding by city council that the use of barbed wire or razor wire is not a direct health hazard to the citizens of the city and surrounding communities and to domestic and wild animals.
B.
Electrically charged fences.
C.
All wire, twine or rope fences consisting of one or more strands.
D.
Fences constructed or maintained in the public right-of-way without an encroachment permit.
E.
Fences constructed or maintained closer than three feet to any fire hydrant.
F.
Fences constructed or maintained so as to sag or lean.
G.
Dilapidated fences.
H.
Fences creating a safety hazard to motorists and/or pedestrians.
I.
Razor wire (see exception).
J.
Chicken wire.
K.
Wire mesh (see exception).
L.
Pallet fences.
M.
Trailers or other similar storage units.
N.
Spiked fences.
O.
Paper.
P.
Visqueen plastic, and the like.
(Ord. 2011-02 §1)
§ 17.62.100 Required walls and fences.
A.
When office, commercial or industrial uses abut property zoned or used for residential, a minimum of six-foot-high solid concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the planning director. Design and layout of such walls shall provide pedestrian or vehicular access adjacent to existing or planned pedestrian or vehicular ways as approved by the planning director.
B.
Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six-foot-high decorative masonry block. Approval of an architectural review approval shall be required prior to construction of such walls pursuant to Chapter 17.52.
C.
Swimming Pool Fences.
1.
All private swimming pools for all residential dwellings, hotels, and motels shall be fenced by a minimum five-foot-high wall or fence constructed so as to isolate the pool from access by the general public. Said fence shall be provided with a self-closing and self-latching gate or gates. Latches or opening devices shall be located at least four and one-half feet above ground level or adjacent raised platforms. No pool shall have the finish plaster coat applied or be filled with water until the enclosing fence has been constructed and approved by the building official.
2.
Swimming pools, as used in this section, include spas and hot tubs outside of an enclosed building.
D.
Fence Standards.
1.
Clearance Setback. All fences shall maintain a minimum three-foot clearance around fire hydrants, transformers, and other public facilities. The director of public works shall determine the extent of setback around specific public works facilities and structures such as street signs, lights, sewer clean-outs, meter boxes, etc.
2.
Overhang and Obstruction of Public Sidewalks. No point of the fence, or landscaping maintained within or adjacent to the fence, shall overhang or create an obstruction to the sidewalk or in the absence of a sidewalk, to the projected lot side of the sidewalk as established by the city.
3.
Public Safety. The fence shall be constructed so that no hazards, such as nails, spikes, wires, thistles, or other sharp or pointed objects, protrude from or exist upon the fence.
E.
Pedestrian Safety Along Sidewalks. Fences, hedges, walls and other ornamental landscaping or other visual obstruction over three feet high above the sidewalk and/or driveway elevation shall not be permitted to be located within the triangular area adjacent to a private driveway formed by measuring ten feet from the driveway along a sidewalk and ten feet along the driveway from the sidewalk. In the event that there is no sidewalk, the measurements shall be to the projected sidewalk as established by the city.
F.
Fences Within Public Rights-of-Ways or Easements.
1.
No fence shall be constructed upon the public right-of-way or within any easement, including a public utility easement, prior to the issuance of a permit by the Waterford public works department and no such fence shall be regarded as conforming to this section or the permit until after it has been inspected and approved by the public works department. The permittee shall call the public works department for inspection immediately after completion of construction. Unless the public works department accepts the construction as conforming to the permit within thirty days from the date of the permit, such permit shall be void and the fence shall be removed from the public right-of-way or easement at the owner's expense.
2.
Fences located in the right-of-way or easement shall be maintained by the owner on the property enclosed by the fence. Such fence shall be kept in good repair and maintained in a manner that protects public safety as determined by the public works director.
3.
The city reserves the right to remove, at the sole expense of the owner of the property or properties enclosed by the fence located on a public right-of-way or easement, in an emergency.
4.
The city further reserves the right, upon thirty days' written notice and at the sole expense of the owner of the property or properties enclosed by the fence, to remove any fence in the public right-of-way or easement should the city desire other use be made of the public right-of-way or easement or required non-emergency additions, maintenance and/or repairs to any utilities located within the easement or right-of-way.
(Ord. 2011-02 §1)