Fontana Municipal Code Div. 5 Development Standards for Accessory Structures and Features

Accessory buildings may be located anywhere on a lot except within the required front yard area. Accessory buildings shall conform to the same setback and building height requirements applicable to primary structures.

Refer to Chapter 32 of the Municipal Code.

(a) Heights. Fences, walls and hedges may not exceed eight feet in height when located in a required interior setback area and may not exceed three and one-half feet in height when located in any required setback adjacent to a street. Fences with a maximum height of eight feet as measured from the sidewalk elevation, may be permitted where required for security purposes a minimum of ten feet away from the front property line within the landscape setback. Such fencing, walls and hedges shall not create an obstruction to the sight triangle and shall not interfere or obstruct the line-of-sight for motorists.

(b) Temporary fencing.

(1) Vacant/unoccupied land. An open mesh type fence limited to eight-foot in height or a split rail fence limited to four-foot may be located around the perimeter of a vacant parcel of land (at property line) until such time as the subject parcel is developed.

(2) Abandoned buildings. An open mesh type fence limited to eight feet in height may be located around a parcel of land (at property line) that contains an abandoned building(s) until such time as the subject parcel is developed.

(c) Fences and walls—General.

(1) Neither wood nor chain link fencing shall be allowed in any yard adjacent to a public right-of-way.

(2) Fences and walls shall be compatible in terms of design and materials with the main structures on the site.

(3) Approved security fencing located within a required setback adjacent to a street shall be of tubular steel construction, with 18-inch maximum width pilasters a minimum of eight feet on center. Any such fencing shall be complimented by landscaping inclusive of trees and shrubs to provide an aesthetically pleasing and safe environment for businesses within the industrial area and located a minimum of ten feet away from the front property line within the landscape setback.

(4) Any fences or walls adjacent to a public right-of-way or identified by the Fontana Police Department shall be coated with an anti-graffiti coating that is approved by the Fontana Police Department. Where possible, vines shall be planted to encourage growth on the wall in an effort to discourage graffiti.

(5) The use of barbed wire, razor wire, or similar materials is prohibited within the any industrial zoning district.

(d) Electric fencing.

Definition. For the purpose of this section, an electric fence is defined as any bare wire or conductor which is supported on insulators and is located outdoors within ten feet of the ground or a walking surface and is attached to a post, fence, wall, or structure, and which is capable of being energized from any electrical source, including batteries, unless such bare wire or conductor is guarded against accidental contact by forms of enclosures approved by the current edition of the National Electrical Code. Not included in this definition of electric fence are wires or conductors utilized for railway signaling and communication installations, installations under exclusive control of electric utilities, communication equipment under exclusive control of communication utilities and bare conductors which are specifically permitted in the current edition of the National Electrical Code.

(1) Location:

a. Electric fences shall be minimized from public view for properties located along major and primary highways as indicated on the most recently adopted circulation master plan and for properties with freeway frontage. A method of visual screening shall be approved by the Director of Community Development.

b. Electric fences shall be monitored subject to Chapter 22, Article IV (burglary, robbery, and panic alarms: verified burglary and fraudulent verified burglary alarms) of the Fontana Municipal Code.

c. An electric fence may be installed on properties that do not touch, join at the edge or border, or share a common property line with an existing residential land use or a residential zoning district.

d. Electric fences shall be installed behind an approved perimeter wall/fence with a minimum height of six feet.

e. No electric fences may be permitted within the front yard setback or street yard setback.

f. The electrical security fence proposed adjacent to a sidewalk must be installed behind the side yard and front yard setback and a solid masonry wall.

(2) Height. Electric fences shall have a maximum height of ten feet.

(3) Performance standards. Electric fencing shall meet the performance standards as determined by the most recently adopted International Building Code, and the International Electro Technical Commission (IEC).

(4) Perimeter fence or wall. The electrical security fence is not permitted as a perimeter fence or wall.

(5) Warning signs.

a. Electric fences shall be clearly identified with warning signs of a maximum of nine square feet, prepared in English and Spanish that read: "Warning—Electric Fence" at intervals of not less than 60 feet.

b. Warning signs shall be black typewritten text with a yellow or white background.

c. Warning signs shall not advertise or provide contact information of the electric fence manufacturer.

(6) Separation. Horizontal separation between the perimeter fence and the electrical security fence shall comply with the IEC standards.

(7) Emergency access.

a. An emergency Knox Box or any other similarly approved device (e.g. Rapid Emergency Access Control Transmitter (REACT) System) must be installed at every gate providing access to a property secured by an electric fence to allow fire department, police department, and/or any other emergency responder access.

b. In the event that emergency access by emergency responders (i.e. Police Department, Fire Department, etc.) to a property where a permitted electric fence has been installed and is operating, is required due to an emergency or urgent circumstances, and the Knox Box or other similarly approved device is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, emergency responding personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided herein agree to waive any and all claims for damages to the electric fence against emergency responding units and/or personnel under such circumstances.

(8) Electrification. The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However; the solar panel may be augmented by a commercial trickle charger.

(9) Indemnification. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of Fontana or its agents, officers, and employees from any claim, action or proceeding against the City of Fontana, or its agents, officers, or employees resulting from the approval and installation of an electrical security fence. The City of Fontana shall promptly notify the applicant/property owner of any claim, action, or proceeding and the City of Fontana shall cooperate fully in the defense. If the City of Fontana fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City of Fontana.

(10) Insurance. Prior to the approval of any request to install an electrical security fence within the City of Fontana, the applicant/property owner shall provide to the City a certificate of commercial general liability insurance covering third party liability risks in a minimum amount of $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury, and property damage insurance with the City named as an additional insured party.

(11) Landscaping. Addition of the electrical security fence shall in no way preclude the installation and maintenance of required landscaping.

(12) All electric fenced areas shall be kept free of weeds and other debris that may constitute a fire hazard.

(13) Any contractor/installer of an electric fence found in violation of this section of the Zoning and Development Code may be subject to a misdemeanor as described in [subsection] (14) below.

(14) Violation; misdemeanor. It shall be unlawful, and a misdemeanor for any person to install, maintain or operate an electric fence in violation of these development standards.

(e) Plan check approval. The following requests for an electric security fence may be approved through the plan check process in the M-1 and M-2 zones under the following circumstances:

(1) Adjacent to residential. An electric fence may be installed on properties that touch, join at the edge or border, or share a common property line with an existing non-conforming residential land use as long as the electric fence is installed behind an approved solid block wall with a minimum height of six feet.

(2) Installed on previously approved chain link fencing. Electric fences installed on a previously approved chain link fence shall be located behind the chain link fence and the chain link fence must be covered with an approved durable, wind resistant mesh or other material that acts as a barrier and screen.

(3) Behind front and side yard setbacks. An electric fence proposed behind the front and/or side yard setback shall be located behind an approved wall or fence. If the electric fence is placed on an approved chain link fence the chain link fence must be covered with an approved durable, wind resistant mesh or other material that acts as a barrier and screen. On corner lots, the electric fence shall be angled inward to the property.

(f) Director determination. An electric fence may be permitted in the M-1 and M-2 Zones at the discretion of the Community Development Director or designee through the Director's determination review process under the following circumstances:

(1) Along major and primary highways/freeways. Electric fences shall be minimized from public view for properties located along major and primary highways as indicated on the most recently adopted circulation master plan and for properties with freeway frontage. A method of visual screen shall be approved by the Director of Community Development and may utilize an approved durable, wind resistant mesh or other material that acts as a barrier and a screen.

(2) Along the Pacific Electric (PE) Trail. Electric fences proposed adjacent to the PE Trail shall be located behind a tubular steel fence with pilasters or a solid block wall.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

All trash receptacles and disposal areas shall be screened from view. All industrial facilities shall be provided with trash receptacles and recycling facilities as follows:

(1) Number. An adequate number and size of receptacles shall be provided to serve all uses on a property.

(2) Screening. All receptacles shall be screened and the trash enclosure that is designed pursuant to the City approved conceptual plan. The receptacle shall not be visible above the wall. The enclosure shall be architecturally compatible with the architecture of the proposed/existing structures.