Duarte Municipal Code Ch. 19.36 Fences, Walls, and Hedges

This Chapter establishes standards and regulations for the construction and maintenance of fences and walls, and the planting and maintenance of hedges used for screening or buffering purposes. The standards are intended to ensure that all fences, walls, and hedges provide desired privacy and safety but do not create a public safety hazard or nuisance, and that fences, walls, and hedges meet the City's standards for quality design and regular maintenance.

For Specific Plans and Planned Developments Permits, fence, hedge, and wall heights shall comply with the standards set forth in the applicable Specific Plan or Planned Development Permit. Where the Specific Plan or Planned Development Permit is silent with regard to fence, hedge, and wall height, the standards for the zone that most closely approximates the Specific Plan and the underlying zone for the Planned Development Permit shall apply, as determined by the Director.

A. Fences and walls. Fences and walls shall be subject to Site Plan and Design Review pursuant to Chapter 19.122 (Site Plan and Design Review).

B. Hedges. No permit shall be required for hedges.

A. Fences and walls. The maximum allowed height for fences and walls shall be as indicated in Table 3-3.

B. Hedges. No maximum height shall be established for hedges, except for hedges located within the required front yard shall conform to the standards for fences and walls, and for corner cutback areas, the standards set forth in 19.32.030 (Corner Cutback Area) shall apply. All hedges shall be kept trimmed in a neat condition and maintained pursuant to the landscape maintenance requirements of 19.40.220 (Landscape Irrigation and Maintenance).

TABLE 3-3 FENCES AND WALLS - MAXIMUM HEIGHT

Note:

1. In the, R-1D, R-1E, and R-1F Zones, an additional one foot of non-view obscuring fence height may be added to the front yard fence and wall, but may not exceed five feet in height, or seven feet in height when used with a necessary retaining wall.

Figure 3-7. Maximum Fence and Wall Heights by Location [Figure: Figure 3-7. Maximum Fence and Wall Heights by Location]

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C. Retaining walls. Where there is a necessary retaining wall for a lot that is above a sidewalk or top of curb grade, additional wall height of up to three feet may be allowed, subject to site plan approval pursuant to Chapter 19.122 (Site Plan and Design Review). The maximum height for a combination retaining wall and fence shall be seven feet, subject to all of the following criteria:

1. The non-retaining portion of the fence/wall combination cannot exceed four feet;

2. The retaining portion of the fence/wall combination cannot exceed four feet;

3. Extensions above four feet, as measured from sidewalk or top of curb, shall be constructed of wrought iron or other non-view obscuring materials determined to be acceptable, subject to site plan approval pursuant to Chapter 19.122 (Site Plan and Design Review).

Figure 3-8. Maximum Height for a Retaining Wall and Fence Combination [Figure: Figure 3-8. Maximum Height for a Retaining Wall and Fence Combination]

D. Fencing for sports facilities. To enclose tennis courts or similar sports area located within the rear of the lot, fences over six feet in height shall be permitted, provided that any portion of the fence or structure which is higher than six feet shall be composed of wire mesh or other material whose vertical service is not more than 10 percent solid, unless safety necessitates otherwise. Such additional wire mesh or similar material shall be subject to site plan approval pursuant to Chapter 19.122 (Site Plan and Design Review).

E. Fencing for horse enclosures, stables, and corrals. Fencing for horse enclosures, where they are permitted, shall conform to the requirements set forth in 19.60.080 (Horse Keeping).

F. Fencing for pools and spas. Swimming pools, spas, and other similar features shall be fenced in compliance with Municipal Code Chapter 9.40 (Swimming Pools, Wading Pools and Fish Ponds).

A. General. For the purposes of Chapter 19.36, fence, wall, and hedge height shall be measured as the vertical distance from the ground elevation or finished grade of the property on which the fence or wall is erected to the highest point of the fence or wall. To allow for variation in topography on a parcel, the height of a fence or wall may vary intermittently up to six inches.

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Figure 3-9. Measurement of Fence, Wall, and Hedge Height [Figure: Figure 3-9. Measurement of Fence, Wall, and Hedge Height]

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B. Difference in grade height between two parcels. Where there is a difference in the ground elevation or finished grade between two adjoining parcels of less than two feet, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest contiguous parcel. When there is a difference in the ground level between two adjacent parcels of two feet or more, the height of a fence or wall shall be determined by the Director. The Director shall consider the physical and visual height impact on abutting properties.

A. Residential zones.

1. Fencing in all residential zones shall be constructed without the use of barbs, razor wire, electrified wire, or other materials hazardous to wildlife. Also, the following fencing materials shall be prohibited: chicken wire and similar small-gauge wire or mesh product, barbed or razor wire, plastic, and chain link fencing (with or without wood, plastic, or other slats).

2. Specifically in the R-1D and R-1E zones, no fencing shall contain spikes or points or other materials that have the potential to harm wildlife.

B. All other zones. The following fencing materials are prohibited in all nonresidential zones: barbed or razor wire, electrified wire, chicken wire and similar small-gauge wire or mesh product, plastic, and chain-link fencing provided with wood, plastic, or other slats.

A fence or wall six feet or greater in height may be required along the perimeter of all areas which, by reasons of the conditions of the property or physical hazards, such as frequent inundation, erosion, excavation or grade separation, are considered by the Director to be dangerous to public health and safety.

Where a lot line of a commercial, industrial, or hospital zone abuts a property zoned for residential use, a minimum six-foot-high wall shall be required, except for any portion in a required yard abutting a street. Architectural and other treatment of the wall is required pursuant to Chapter 19.44 (Architectural and Design Standards).