Menifee Zoning Code Ch. 9.185 Fences, walls and screening

Contents:

9.185.010 Purpose

9.185.020 Applicability

9.185.030 Exemptions

9.185.040 General Development Standards

9.185.050 Exceptions

9.185.060 Screening and Special Wall and Fencing Requirements

The purpose of this chapter is to regulate the development, installation, and maintenance of private walls and fences and screening within the community. Specifically, this chapter does the following:

1. Promotes the public health, safety, and general welfare of the City by regulating the fences and walls and screening protecting or separating real property.
2. Regulates the installation, operation, and maintenance of all walls and fences.

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

1. New uses and buildings. For all buildings erected and all uses of land established after the effective date of this Title, fences, walls and screening shall be provided as required by this chapter.
2. 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 10% in the number of existing dwelling units for residential projects or more than 10% in the existing square footage of commercial or industrial projects, fences, walls and screening shall be provided as required by this chapter.
3. New fencing and walls. All walls and fences erected after the effective date of this title, shall be consistent with this chapter.
4. Maintenance Requirements. Maintenance requirements shall apply to all walls and fences erected in the City.
5. Review Required. The review of fences and walls shall be an integral part of any plot plan, permit, or development plan review application. Compliance with all wall and fence standards shall be required, except as may be modified by Article 5 (Special Use Regulations) or Chapter 9.270 (Waste Storage Facilities), or pursuant to a requested exception(s) to wall and fence standards through the administrative relief procedure provided in Chapter 9.70 (Minor Exception).
6. Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and similar features shall be enclosed by walls or fences no less than 5 feet in height per the California Building Code.

The following walls and fences shall be exempt from development review (a building permit may be required).

1. Retaining walls. Retaining walls less than 3 feet in height.
2. Residential fences. Fences located on residential property (privacy fences) constructed in compliance with the standards of this section.
3. Required fences. Fences and walls required by a state or federal agency, or by the City for public safety.

1. Architectural Compatibility. Walls, fences, and architectural screening elements shall be compatible with the architectural treatment of the primary building on the parcel and shall meet all standards applicable to the Zone unless otherwise modified by this chapter.

2. Visibility. No wall, fence, or landscaping element shall interfere with intersection visibility or line of sight or other safety issue.

3. Blank Walls Prohibited. Blank walls are prohibited. Where screening or security walls (excluding wrought iron fences) are located within 10 feet of a public ROW, landscaping shall be provided between the wall and the ROW to a minimum height of 42 inches to minimize opportunities for crime and unsafe conditions.

4. Permitted Materials. Approved materials include wood, plexi-glass, vinyl, stone, masonry, brick, block, stucco, wrought iron, and concrete. Where opaque walls are required, they shall be constructed of brick, split-face block, stone, or frame-stucco.

5. Prohibited Materials.

6. Barbed, razor, concertina, corrugated metal and plastic, tarps, and electrified wire of any kind or configuration is prohibited in all Zones, except as modified by section 9.185.040.E.2 below.

7. Woven wire, barbed wire, or electrified fencing may be permitted in the front and side yards of all Agricultural (AG) zones only if needed to secure livestock and/or horses; maximum height not to exceed six feet.

8. Chain-link fencing and similar materials are prohibited along any public ROW regardless of setback, except for temporary construction fencing (9.185.040.C). Where chain-link fencing is used, it shall not be visible from the public ROW. This standard shall apply to all zones except Agricultural (AG) zones.

9. Maintenance. Fences and walls shall be constructed of new material and shall be maintained in a state of good repair. Any dilapidated, dangerous, or unsightly fences or walls shall be repaired or removed.

10. Maximum Height. The height of all walls, fences, and architectural screening elements shall be measured from the finished grade of the property to the highest point of the element.

11. Table 9.185.040-1 establishes the maximum wall/fence heights by Zone.

12. Where additional height is needed based on security or specific site operating requirements, additional wall/fence height may be approved by the Community Development Director, subject to evaluation of adjacencies and necessity.

13. Hedges or other screening vegetation, excluding trees, shall not exceed the maximum height of walls permitted in the zone.

Table 9.185.040-1 Wall/Fence Maximum Height Standards by Zone Maximum Permitted Height by Setback

(2022-351, 09/21/2022)

Effective on: 10/21/2022

1. Residential parcels adjacent to major thoroughfares may be permitted a sound wall to increase the height of the wall by 6 feet for a maximum height of 12 feet based on submission and approval of a noise study to the Community Development Director and City Engineer (9.85.060).
2. Sports facilities such as ball fields and tennis courts may have court fencing at a maximum of 12 feet, provided the fencing is set back at least 5 feet from the property line.
3. Temporary chain-link fencing and similar materials are allowed along any public ROW during approved construction activities.

This section establishes screening standards and special provisions for walls and fencing.

1. Screening between different land uses. The City encourages the integration and connection of compatible uses. To that end, continuous barriers in the form of solid fences and walls, including sound walls, should only be used between land uses when residential uses are located next to commercial or industrial uses or when necessary, as determined by the designated approving authority. When used, the screening shall meet the following standards:

2. The screen shall consist of a solid decorative wall of masonry or similar durable material or, in lieu of decorative masonry, the wall shall be covered with plant materials (e.g., ivy) or be blocked from view by landscape materials. The wall shall be a minimum of 6 feet in height, shall be architecturally treated on both sides and shall comply with the height limitations listed in Section 9.185.040 (General Development Standards).

3. A landscaping strip with a minimum width of 5 feet shall be installed on both sides of a screening wall, except that a minimum of 6 feet of landscaping (with trees) shall be provided between a parking lot and a screening wall.

4. The designated approving authority may waive, or approve a substitute for, the requirements above if it is determined that:

5. The relationship of the proposed uses makes screening unnecessary or undesirable;

6. The intent of this section is successfully met by alternative screening methods; and/or

7. Physical characteristics and/or constraints on the site make required screening infeasible or unnecessary.

8. Screening of mechanical equipment. Mechanical equipment shall be screened as follows:

9. Exterior equipment. All exterior mechanical equipment shall be screened from view on all sides.

10. Top-mounted screening. Screening on top of the equipment may be required by the designated approving authority if necessary to protect views from a neighboring residential zone.

11. Screening of roof-mounted equipment. Roof-mounted mechanical equipment shall be screened in compliance with the following standards:

12. Screening materials may be solid concrete, wood or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from a public street, right-of-way and/or sidewalk.

13. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials and architectural styles.

14. Mechanical equipment shall be screened from the perspective of the adjacent public streets, right-of-way and/or sidewalk.

15. Screening of ground-mounted antennas. Ground-mounted antennas shall be screened with a fence, wall or dense landscaping so that the antennas are not visible from the public right-of-way and to minimize the visual impact on abutting properties.

16. Building-mounted antennas shall be screened as follows:

17. Wall-mounted equipment shall be flush-mounted and painted or finished to match the building, with concealed cables.

18. Roof-mounted equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall or other roof screen and by locating the antenna as far away as physically feasible and aesthetically desirable from the edge of the building.

19. Antennas shall have subdued colors and nonreflective materials which blend with the materials and colors of the surrounding area or building.

20. Screening of commercial loading docks and refuse areas. Loading docks and refuse storage areas shall be screened from public view and adjoining public streets and rights-of-way and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials and architectural style. Exceptions may be permitted through development review for sites with unique characteristics (e.g., shallow lot depth, adjacency to single-family unit). All dumpsters shall be closed when not in use.

21. Screening of trash enclosures/recycle containers. Trash receptacles (including recycling and green waste containers) shall not be stored within a required front or street side yard and shall be screened from view of the public right-of-way by a solid fence not less than 4 feet in height. Exceptions to fence height standards may be granted by the designated approving authority to ensure proper placement and screening of trash receptacles.

22. Outdoor equipment, storage and work areas. Outdoor storage areas for materials other than plants shall be enclosed and screened from view from the public right-of-way and abutting property by a solid fence or wall a minimum of 6 feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least 6 feet in height and shall be of view-obstructing construction.

23. Retaining walls. An embankment to be retained which is over 48 inches in height shall be benched so that at the low side no individual retaining wall exceeds a height of 36 inches above the finished grade and each bench has a minimum depth of 36 inches.

24. Temporary fencing. Temporary fencing may be required by the designated approving authority where necessary to protect trees or other sensitive features and the general public from construction activities during site preparation and construction. Temporary fencing shall be removed after 90 days once construction is complete.

25. Temporary security fencing. Temporary security fencing (including chain link) with a maximum height of 6 feet may be installed around the property lines of vacant property with approval from the designated approving authority. Properties shall be maintained in a condition free from weeds and litter.

26. Open space and trails. Fences adjacent to open space and trail areas shall be constructed and maintained as open view fencing, unless otherwise approved by the approval authority, and shall not be chain link.

27. Sound walls. Whenever sound walls are required to mitigate sound impacts adjacent to streets, the following standards shall apply. These standards shall not preclude the use of other innovative methods of project design utilizing greater setbacks, building design, mounding or single-story structures with solid walls facing the street.

28. Setbacks. Walls shall be set back a sufficient distance from the ultimate public street right-of-way in accordance with noise attenuation and landscaping requirements. The area between the right-of-way and the wall shall include landscaping at minimum, including canopy street trees, designed to City standards.

29. Height. Maximum height of a wall shall not exceed 6 feet above the finished grade at the base of the wall on the roadway side, unless additional height is needed as documented by a noise study and approved by the Community Development Director and City Engineer, in which case a specific maximum height of 12 feet shall be established and adhered to.

30. Earth mounds. When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three-to-one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side. Drainage shall be contained, so there is no sheet flow of water onto the sidewalk where the slope exceeds a six-to-one (6:1) ratio.

31. Wall Type. Walls shall be solid decorative wall of masonry or similar durable material or, in lieu of decorative masonry, the wall shall be covered with plant materials (e.g., ivy) or be blocked from view by landscape materials. Construction shall be graffiti-resistant solid brick or masonry material that requires minimum maintenance and provides the required sound and visual attenuation.

32. Landscaping. Landscaping shall be provided so that 50% of the wall will be covered by landscape material within three years.

33. Agricultural fencing. All fences which enclose livestock shall be designed, constructed and maintained so as to control and contain such livestock at all times and so as to prevent such livestock from reaching across any property lines and damaging adjacent property.