Fowler Municipal Code Ch. 9.190 Walls and Fences

The purpose of this Chapter is to regulate the development, installation, and maintenance of walls and fences and to provide for screening between differing uses, where appropriate.

The standards contained in this Chapter shall apply to the following:

A. New Uses and Buildings. For all buildings approved and all uses of land established after the effective date of this Title, walls and fences shall be provided as required by this Chapter.

B. Modification to Existing Structures and Uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than ten percent (10%) in the number of existing dwelling units for residential developments or more than ten percent (10%) in the existing square footage of commercial or industrial developments, walls and fences shall be provided as required by this Chapter.

C. New Walls and Fences. All walls and fences erected after the effective date of this Title shall be consistent with this Chapter.

D. Maintenance Requirements. Maintenance requirements shall apply to all walls and fences regardless of when they were installed.

A. Permit Required. Walls and fences proposed as part of new or expanded development shall be shown on the submitted site plan and reviewed for compliance with this Chapter as part of the review and approval process for the primary use.

B. Zone Clearance Required. Walls and fences proposed separate from new or expanded development shall be reviewed through the Zone Clearance process in accordance with Chapter 9.105 (Zone Clearance).

C. Exemptions from Planning Permit Review. The following walls and fences do not require planning permit review, provided they meet all applicable development standards as contained in this Chapter. Additional permits, such as building permits, may be required.

1. Retaining Walls. Retaining walls less than three (3) feet in height.

2. Residential Fences. Fences located on residential property (privacy fences) constructed in compliance with the standards of this Chapter, except as otherwise required by Title 8 (Building Regulations) of the Fowler Municipal Code.

3. Required Walls and Fences. Walls and fences required by a State or federal agency, or by the City for public safety.

A. Architectural Compatibility. Walls and fences shall be compatible with the architectural treatment of the primary building on the parcel and shall meet all standards applicable to the underlying zone district unless otherwise modified by this Chapter.

B. Visibility. Walls and fences shall not interfere with the clear sight triangle in accordance with Section 9.150.070 (Intersection Sight Distance) or be positioned in a manner which would create other safety issues.

C. Landscaping Required. Where walls or fences (excluding wrought iron fences) are located within ten (10) feet of a public right-of-way, landscaping shall be provided between the wall or fence and the right-of-way to a minimum height of forty-two (42) inches.

D. Permitted Materials. Approved materials include wood, plexi-glass, vinyl, stone, masonry, brick, block, stucco, wrought iron, and concrete, or similar as determined by the Community Development Director. Where opaque walls or fences are required, they shall be constructed of brick, split-face block, stone, or frame-stucco.

E. Prohibited Materials. The following materials are prohibited for use as fencing or screening materials, unless specifically noted otherwise.

1. Corrugated metal, corrugated plastic, plastic sheeting, scrim, and tarps are prohibited in all zone districts.

2. Barbed, razor, or concertina wire are prohibited in all zone districts, except as follows. Where allowed, the overall height, including the barbed, razor, concertina wire shall be limited to eight (8) feet:

a. In the M-1 (Light Industrial) or M-2 (Heavy Industrial) zones, subject to approval of a Site Plan Review.

b. In any commercial zone district identified in Chapter 9.125 (Commercial Districts), subject to the approval of a Major Conditional Use Permit.

c. Where required by any regulation of the State of California or any law enforcement agency thereof.

3. Electrified security fencing meeting the definition in Civil Code section 835, and all other electrified fencing of any kind or configuration is prohibited in all zone districts.

4. In residential zones, chain link fencing shall not be located along a front or street side setback is not permitted.

F. Maintenance. Walls and fences shall be constructed of new material and shall be maintained in accordance with Section 5-21.101 (Neighborhood Preservation) of the Fowler Municipal Code.

G. Setback Requirement for Walls and Fences. There is no setback requirement for walls and fences, unless specified otherwise in this Chapter.

H. Hedges. Hedges and similar landscaping shall be required to meet the height requirements as set forth in this Chapter.

A. Maximum Height. The height of all walls and fences shall be measured from the highest point of the finished grade between contiguous parcels as shown in Figure 9.190.050-1: Fence Height Measurement. Walls and fences shall not exceed the following, unless specifically allowed:

1. Forty-two (42) inches in height within the required front yard setback.

2. Six (6) feet in height within the required side yard and rear yard setbacks.

Figure 9.190.050-1 Fence Height Measurement

[Figure]

B. Exceptions. The following exceptions shall apply:

1. Combination walls and fences. Combination walls and fences are permitted in residential districts as specified in Section 9.190.060, Subsection (B).

2. Deviation. Up to thirty percent (30%) of the length of a fence may exceed the height limits specified in this division by up to six (6) inches.

3. Commercial and industrial districts adjoining residential districts. Where a commercially or industrially zoned site adjoins a residential district, the side and/or rear height may be up to eight (8) feet with the approval of the Community Development Director.

4. Transitional height allowance. Walls and fences located within the front yard setback may exceed the height limitation where transitioning to a wall or fence located within the side yard setbacks. Such transition area shall be measured horizontally and be limited to a maximum of five (5) linear feet. The height of the wall or fence within the transition area shall increase in graduated increments from the maximum height allowance in the front yard setback to the maximum height allowance in the side yard setback. In no case shall the wall or fence within the transition area exceed an average height exceedance of forty percent (40%).

5. Courtyard wall and fence height allowance. Where courtyard walls or fences are proposed within the required front yard setback area, the fence height shall be allowed as follows:

a. Within the area located between the front property line and a line drawn parallel to the front property line measured at a point equal to fifty percent (50%) of the required front yard setback and extending the full width of the property, the maximum wall and fence height for courtyards shall be forty-two (42) inches.

b. Within the required front yard setback not including in that area described by Subsection (B)(5)(a) of this Section, the maximum wall and fence height for courtyards shall be sixty (60) inches.

A. Height. Walls and fences are permitted up to the maximum height specified in Section 9.190.050 (Wall and Fence Height). Walls and fences are not required in residential zones.

B. Combination Walls and Fences. On the rear or side yard of any residential district, a combination wall or fence of up to eight (8) feet is allowed. Combination walls and fences shall consist of at least six (6) feet of solid construction, and the upper two (2) feet being constructed of a material where at least fifty percent (50%) of the vertical surface area (excluding vertical fence posts) is open to light.

C. Multi-family Developments. Where a multi-family development of five or more units adjoins or is located across an alley from any single-family residential district, a solid masonry wall shall be located on the property line between the multi-family site and the single-family site. This provision shall not be required within the Downtown area as defined by the Fowler General Plan.

D. Freeway Adjacencies. Residential parcels adjacent to the freeway where a solid masonry wall is provided may be permitted to increase the height of the wall by up to six (6) feet for a maximum height of twelve (12) feet based on submission and approval of a noise study to the Community Development Director.

A. Adjacent to a Residential District. Where a commercially zoned site adjoins or is located across an alley from any residential district, a decorative masonry wall shall be located on the property line between the commercial and residential zone districts, except in a required front yard setback. This provision shall not apply within the Downtown area as defined by the Fowler General Plan.

B. Open Storage. Open storage of materials and equipment related to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence. Said storage shall not be visible above said fence or wall.

A. Adjacent to a Residential District. Where an industrially zoned site adjoins or is located across an alley from any residential district, a solid wall or fence shall be located on the property line between the industrial and residential district, except in a required front yard setback.

B. Outdoor Uses. A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from any non-industrial district, shall be screened by a solid masonry wall not less than six (6) feet in height.

C. Open Storage. Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid masonry wall or fence. Where gates are necessary, they shall be composed of solid material and shall be at the same height as the wall or fence.

Walls and fences shall not be limited in height within the Open Space or Public Facilities zone district.

This Section establishes screening standards and special provisions for walls and fences.

A. Screening of Mechanical Equipment. Within commercial and industrial zone districts, mechanical equipment, including rooftop equipment, shall be screened by a permanent parapet wall and shall not be visible from grade level or adjacent street elevations. Such screening shall be as high as the highest portion of the equipment and shall be readily accessible for maintenance.

B. Construction Site Fencing. Temporary chain-link fencing or similar materials are allowed for the duration of an active building permit issued pursuant to Title 8 (Building Regulations) of the Fowler Municipal Code. Barbed wire is allowed, but razor wire and concertina wire are not.

C. Temporary Protective Fencing. Temporary protective fencing may be required by the approving authority when necessary to protect trees or other sensitive features and the general public from construction activities for the duration of an active building permit issued pursuant to Title 8 (Building Regulations) of the Fowler Municipal Code.

D. Open Space and Trails. Walls or fences adjacent to open space and trail areas shall be constructed and maintained as open fencing and shall be constructed per the City's design standard drawing as approved by City Council. This provision shall not apply where adjacent fencing is a wall or fence for single-family residential uses.

E. Sports Facilities. Sports facilities such as ball fields and tennis courts may have fencing at a maximum of fifteen (15) feet, provided the fencing is set back at least five (5) feet from the property line and is at least eighty percent (80%) open to light.