Montclair Municipal Code Ch. 11.38 Development Standards Generally

The general provisions set forth in this chapter shall apply to the provisions of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1801)

All buildings erected, reconstructed, altered, enlarged, moved or maintained, and any existing building and the land upon which it exists, shall be used only for the purposes permitted in the zone in which such building or land is located, and then only after applying for and securing all the permits and licenses required by law. Any building or structure moved from one lot or premises to another shall be of the general character of the existing buildings in the neighborhood or better.

If any use is for any reason omitted from the lists enumerated in this title, or if an ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, it shall be the duty of the Planning Commission to ascertain all pertinent facts concerning such omitted or ambiguous use, to classify such omitted or ambiguous use, and set forth its findings and reasons for designating such specific classification for such use. Such findings and resolutions shall be referred to the City Council, and, if approved by the City Council, thereafter such designated classifications shall govern.

No land in any R Zone shall be used for access to a use not permitted in that R Zone.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1802)

All buildings erected and any existing buildings which may be reconstructed, altered, moved, maintained or enlarged shall comply with the height regulations of the zone in which they may be located. The Planning Commission may authorize, with or without a public hearing, roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers, church spires, flagpoles, chimneys, smokestacks, wireless masts, or similar structures to be erected above the height limits prescribed by the provisions of this title, provided the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances; but no roof structures or any space above the height limit shall be allowed for the purpose of providing additional floor space. If a public hearing is to be held, the procedure shall follow that for a conditional use permit as set forth in Chapter 11.78 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1803)

A. All buildings erected and any existing buildings which may be reconstructed, altered, moved, maintained or enlarged shall comply with the area regulations of the zone in which they may be located.

B. The lot area shall be that prescribed by this title and shall not be reduced, diminished or maintained so that the yards or open spaces shall be smaller than that prescribed by this title, and the density of population shall not be increased in any manner except in conformity with the area regulations of the zone in which the property is located. The open spaces provided around any building shall not be considered as providing the yard or open spaces for any other buildings, and the required yard or open spaces on an adjoining lot shall not be considered as providing a yard or open space on a lot whereon a building is to be erected.

C. Every building erected shall be located on a lot as defined in Chapter 11.02 of this title.

D. Every individual parcel of land at the time it was first zoned shall be deemed to be one lot, and not more than one main building shall be permitted on such parcel of land unless all regulations established by this title are complied with or a subdivision tract map or record of survey map is recorded with the County Recorder and is filed with and approved by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1804)

A. Churches, schools, institutions, or other similar uses when permitted in an R Zone shall be removed at least 20 feet from every boundary line of the property, and no front yard, as required in such zone, or side yard, as required in this paragraph, shall be used for play or parking purposes.

B. When dwellings or apartments are erected and used above stores, the front and side yard requirements shall be those for the stores.

C. If a through lot is improved as one building site, no main building or accessory building shall be located closer to either street than the distance constituting the required front yard on such street.

D. In computing the depth of a rear yard where such rear yard opens onto an alley, one-half of such alley shall be included in computing the required rear yard.

E. Detached accessory building(s) shall not occupy more than 35 percent of a rear yard and shall meet the setback criteria set forth in Chapter 11.19 of this title.

F. Reserved.

G. Reserved.

H. Garages or carports with automobile entrances from an alley shall be located not less than 25 feet from the opposite boundary of the alley. Garages or carports with vehicular access across a front or side yard abutting a street shall be located not less than 20 feet from the front or side lot abutting such street.

I. Cornices, eaves, belt courses, sills or other architectural features may extend or project into a required front or rear yard not more than 30 inches, and may extend into a required side yard not more than 4 inches for each 1 foot of the width of such required side yard. Ground-mounted mechanical equipment and accessory structures shall not encroach within the required minimum side yard setbacks.

J. Fire escapes may extend or project into any yard not more than 4 feet.

K. Open, unclosed stairways, or balconies not covered by a roof or canopy, may extend or project into a required yard not more than 30 inches and may extend or project into a required rear yard not more than 4 feet.

L. Uncovered porches, platforms, or landing places which do not extend above the level of the first floor of the building may extend into any front yard a distance of not more than 20 percent of such front yard, and in no case more than 5 feet, and may extend into any side or rear yard not more than 3 feet; provided, however, an open work railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place.

M. The provisions of this subsection are intended to provide for the regulation of the height and location of fences, hedges and walls for the purpose of providing for light, air, and privacy and safeguarding the public welfare by preventing visual obstructions at street and highway intersections.

The following regulations pertaining to corner cutoff areas shall apply to all intersections of streets, alleys, and private driveways in order to provide adequate visibility for vehicular traffic, and there shall be no visual obstructions within the cutoff areas established:

1. There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway.

2. There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the driveway where it intersects the street or alley right-of-way.

3. There shall be a corner cutoff area on each side of any alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the alley where it intersects the street or alley right-of-way.

4. If, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line which is not less than 30 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line which is not less than 30 feet from such intersection of the side and front (or rear) property lines.

N. Fences, hedges and walls not greater than six feet in height shall be permitted on or within all rear and side property lines on interior lots and on or to the rear of all front yard setback lines.

1. No fence, wall or hedge over 48 inches in height, as measured from the natural grade of the adjoining public right-of-way, shall be permitted in any required front yard or in the required street side yard of a reversed or standard corner lot; provided, however, fences or walls may be permitted to exceed the 48-inch maximum in the following instances:

a. Masonry pilasters or columns, when used in conjunction with an "open" fencing material such as wrought iron or tubular steel, shall be allowed to be a maximum of 54 inches in height as measured from adjacent natural grade. Pilasters or columns shall be a maximum dimension of 16″ x 16″ and shall be spaced a minimum of 8'-0″ on center. "Open" fencing shall be defined as construction that admits a minimum of 75 percent light and air; or

b. Should a property owner desire to erect a garden wall or fence in a front or street side yard setback atop a retaining wall constructed to mitigate a grade change between the private yard and the adjoining public right-of-way, the maximum height of the structure shall conform to the requirements set forth in subsection (N)(1)(a) of this section, as measured from the artificially created higher adjacent grade within the front or street side yard.

2. The Director of Community Development may approve an administrative adjustment for the following deviations from this section:

a. To the required side yard on the street side of a reverse or standard corner lot pursuant to the provisions of Chapter 11.76 of this title; or

b. Fences and walls constructed on property occupied by public facilities.

3. Other than repairs to existing, legally installed chain-link fencing, new installations of chain-link fencing shall be prohibited within front or street side yard setbacks. "Repair" shall be defined in this subsection to constitute no more than 50 percent of the legally installed fence improvements.

4. Fences and walls shall be expressly prohibited within corner cutoff areas as defined in Section 11.38.050(M) of this title. Landscaping within corner cutoff areas shall be maintained at a height no greater than 30 inches in height as measured from natural grade in order to maintain a safe sight distance for motorists and pedestrians.

5. Fences or structures over six feet in height, to enclose tennis courts or other game areas located within the rear one-half of the lot, shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a reputable light meter. Such fences shall be permitted in the required side or rear yards, subject to review and approval of an administrative adjustment by the Director of Community Development in accordance with the provisions of Chapter 11.76 of this title.

6. The provisions of this subsection shall not be so interpreted as to prohibit the erection of a fence enclosing an elementary, junior high, middle or high school site, nor to prohibit the erection of an enclosure around utility building and/or structure as required by any law or regulation of the State or other governmental agency, subject, however, to the approval by the Planning Commission of the type of enclosure to be erected in any R, A-P or C Zone.

7. Fences and walls not greater than eight feet in height may be permitted by administrative adjustment on or within all rear and side property lines and on or to the rear of all front yard setback lines in special circumstances where a fence or wall higher than six feet is necessary to provide for security, privacy, screening of yard or to act as a buffer between land uses where it is found to be necessary to eliminate objectionable noise, light or glare. Such special circumstances would include changes in elevation between properties, or characteristics of adjoining land uses that necessitate a higher fence or wall for the enjoyment of property rights enjoyed by other property owners of similarly zoned property in the vicinity. All administrative adjustments shall follow the procedures, findings, appeals, and other provisions of Chapter 11.76 of this title. The Director of Community Development may attach conditions of approval as deemed necessary to mitigate the appearance of any wall or fence permitted by this subsection.

O. The height of a wall along a lot line between properties of different levels shall be measured as follows:

1. In those instances where the provisions of this title require the construction of a wall of a specific height along a lot line of a property located on a higher level than adjacent property and a retaining walls exists or will be built along such lot line, the required wall shall be set back five feet from such lot line, and the height of the required wall shall be measured from the finished grade of the upper level. If an earth bank is to serve in lieu of a retaining wall, the required wall shall be constructed on the upper level, and the height of the required wall shall be measured from the finished grade of the upper level.

2. In those instances where the provisions of this title require the construction of a wall of a specific height along the lot line of a property located on a lower level than adjacent property, the height of the required wall shall be measured from the finished grade of the upper level.

3. In all other instances the height of any wall or fence constructed along a lot line shall be measured from the finished grade of the lower level.

(Ord. 03-834 § 1; Ord. 99-791 Exh. A (part); prior code § 9-4.1805)

(Ord. No. 10-916, § 4, 10-18-10)

A. No building permit shall be issued for any building or structure to be located within the planned right-of-way of any major, secondary, or collector street as established and shown on the adopted Master Plan. The front and side yards required by the provisions of this title shall be measured from the nearest outer line of the planned right-of-way. Center lines of planned rights-of-way shall be as determined by the City Engineer.

B. Any person aggrieved by the refusal of a building permit for a structure closer to a street or highway than the setbacks required by the provisions of this section or within the future right-of-way of a proposed street or highway may file an application (without cost) for a conditional use permit pursuant to the provisions of Chapter 11.78 of this title.

(Prior code § 9-4.1806)

In addition to the site improvements specifically required by this title for particular uses, the Planning Commission may require other on-site and off-site improvements in accordance with City specifications, and, in addition thereto, may require dedications for street widening and sidewalk purposes adjacent to such site.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1813)

A. Purpose.

1. This section is enacted pursuant to the authority granted by Section 11500 and Section 11546 of the Business and Professions Code as amended and added by Chapter 1809 and Section 66477 of the State Government Code.

2. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the recreational policies of the Public Facilities element of the adopted General Plan of the City of Montclair.

B. Requirements. If a park and recreation service area has been proposed in the adopted Montclair General Plan or in the adopted Development Plan for Parks and Recreation and a residential development is proposed in whole or in part within such service area, the park land dedication or park fees shall be required in accordance with one or more of the following provisions:

1. The developer will be required to dedicate a site or sites for a neighborhood park, sufficient in size and topography to serve the immediate and future needs of the residents of the developed area, based on an adopted ratio of three acres of park per 1000 persons. The actual amount of land dedication required per development, per dwelling unit shall be as periodically set by resolution of the City Council. Such dedication shall be shown on the tentative and final maps or sub-parcel map submitted by the developer and the necessary lands will be offered for dedication to the City at the time of filing the final map(s).

2. If the proposed residential development is in close proximity to an already-existing neighborhood park, as determined by the Planning Commission through the General Plan, and if the already-existing park is outside of the proposed limits of the development, the developer will be required to make a cash payment, in lieu of dedication, equivalent to the cost of the park land as determined by the Planning Commission. Such determination shall be based on the adopted ratio of park land per dwelling unit and corresponding fees, as periodically set by resolution of the City Council. Such moneys shall be used only for the acquisition and development of that community park serving that proposed development. The developer may develop land for park use within the residential development as an alternate to cash payment. The cash payment shall be made to the City with the filing of final map(s), and shall be deposited with the City Treasurer in a Park Development Fund to be used solely for acquisition and development of park facilities.

3. Land dedication figures per dwelling unit and in-lieu fees per dwelling unit shall be as periodically set by resolution of the City Council. Said figures and fees shall be based on the adopted ratio of three acres of park land per 1000 persons. The amount of land dedication per dwelling unit shall reflect the most recent State or federal census figures for persons per household, per type of dwelling unit (e.g., single-family lot, R-3; two-bedroom, mobile home), The amount of the in-lieu fee shall be based on the current actual cost of acquiring and developing land sufficient to meet City recreation objectives. Both land dedication and in-lieu fee figures shall also reflect current federal, state and local legislation.

4. If the proposed development contains 50 parcels or units or less, the developer will be required to make a payment in lieu of dedication equivalent to the cost of park land as determined by the Planning Commission. Such payment shall be based on the adopted ratio of park land per dwelling unit and corresponding fees as periodically set by resolution of the City Council. Such payments will be used to purchase or develop park land serving the needs of the residents of the proposed development. As an alternative to the payment required in this paragraph, and in the event the developer has land sufficient to satisfy the area ratio criteria, the developer may dedicate and develop such land for public park use if approved by the Planning Commission.

5. If an existing park and recreation area is insufficient in size to serve the immediate and future needs of the residents of the proposed development as determined by the Planning Commission in accordance with the Montclair General Plan or the Development Plan for Parks and Recreation, subsection (B)(1)—(4) of this section will apply.

C. Commencement of Development. At the time of approval of the final subdivision map, Precise Plan of Design or conditional use permit, the City shall specify when development of the park or recreational facilities shall begin.

D. Industrial/Commercial Subdivisions. The provisions of this section shall not apply to industrial or commercial subdivisions.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1818)

The Redevelopment Agency shall, in addition to other persons specifically authorized in Title 11 of this Code, be authorized to apply for changes to the General Plan and official zoning map, and to apply for specific plans, precise plans of design, variances, subdivision maps, parcel maps, administrative adjustments, and any other development standards and approvals under Title 11 of this Code, with respect to any real property located within the territorial boundaries of the redevelopment projects of the Redevelopment Agency, regardless of whether or not the Redevelopment Agency is the owner of the affected real property. In the event that the Redevelopment Agency does not own the real property so affected, such change or approval shall not become effective, and the approved subdivision map or parcel map shall not be filed for recording, until and unless the Redevelopment Agency or the person designated by the Redevelopment Agency acquires title to such real property.

(Ord. 00-794 § 1)

This chapter is intended to provide the regulations and procedure necessary for considering the approval of a permit to use an electrified security fencing system as a supplemental means for securing industrial and commercial properties where other conventional means for securing a site have failed to protect outdoor areas from persistent trespassing, vandalism, and theft activities. In granting such permits, the Director of Community Development may require conditions, in addition to those required by the provisions of this title, to protect both the health and safety of members of the public and property values in the area.

A. Monitored Electrified Security Fence Allowed. Only monitored electrified security fence systems designed to carry non-lethal pulses of direct current to deter potential intruders shall be allowed in the City as provided in this section and subject to the following standards:

1. All monitored electrified security fence systems shall be a product listed by a Nationally Recognized Testing Laboratory (e.g., UL, CSA, IAPMO) in compliance with International Standard IEC 60335-2-76.

2. Monitored electrified security fences shall be pulsed output-type system only. Continuous output-type systems are prohibited.

3. The energizer for an electrified security fence must be driven by a commercial storage battery not to exceed 12 Volts DC. No part of the system shall connect to the electrical grid or carry continuous current.

4. Supplemental lighting, audible, and video surveillance equipment connected to an alarm monitoring company shall be installed as required by the Director of Community Development.

5. A Key Box (e.g. "Knox Box") or other similar approved device shall be installed for emergency access to property by Police and Fire Department personnel. The location of the key box shall be determined by the Fire Marshal.

6. Installation of all monitored electrified security fence systems shall be completed by a licensed C-10 electrical contractor in conformity with this Section and the safety requirements of IEC 60335-2-76.

7. The monitored electrified security fence system shall comply with the provisions of California Civil Code Section 835.

8. No part of a monitored electrified security fence shall be allowed to extend into the public right-of-way or public park/open space.

9. Before the installation of a monitored electrified security fence is permitted under this Section, the owner must provide written notice to the Fire Marshal of the proposed location of the electrified security fence.

B. Restricted Use. The installation of a monitored electrified security fence is restricted to the following areas and zoning districts as indicated and/or defined on the City of Montclair Official Zoning Map:

1. Commercially Zoned Property (C-3-General Commercial Zone):

a. Permitted outdoor storage of equipment or machinery, motor vehicle storage, major utility and recycling facilities, or contractor yard, in conjunction with a permitted and operating business, except where abutting a residentially-zoned property or use.

b. On developed properties where one or more general boundary lines of property abuts a railway, overpass, freeway, drainage channel, or other extraordinary or unusual physical condition(s).

c. Wireless Telecommunication Facilities sites located 100 feet from a residential use or zone.

2. Industrially Zoned Property (MIP-Manufacturing Industrial Park Zone; M-1-Limited Manufacturing Zone); M-2-General Manufacturing Zone), such as:

a. Where general warehousing, outdoor storage of equipment or machinery, motor vehicle storage areas, freight/logistics uses, major utility and recycling facilities, contractor yards, and mini or self-storage facilities are lawfully permitted and operating.

b. On developed properties where one or more boundary lines of property abuts a railway, overpass, freeway, drainage channel, or other extraordinary or unusual physical condition(s).

c. Wireless Telecommunication Facilities sites 100 feet from a residential use or zone.

3. Prohibited Locations:

a. Single-family and multifamily zones and properties. Mixed-use developments are considered a multifamily zone.

b. Properties adjacent to a residential zone and use.

c. Within the boundaries of the North Montclair Downtown Specific Plan (NMDSP) and Montclair Place District Specific Plan (MPDSP) areas;

d. Within ten feet of a front or street side property line or any public right-of-way.

e. Within 300 feet of a public park/open space, church, and/or school facility (public or private).

f. Within the public right-of-way.

4. Exempt Locations City-wide.

a. Federal or State-owned properties or uses not adjacent to residential zones and uses.

b. City facilities (not including Public Parks).

c. Unoccupied Public Utility Infrastructure Facilities (e.g. substations, water tanks, telecommunication sites, etc.). Such facilities shall meet the requirements of and obtain an approved Alarm Permit per Section 11.38.200.

5. Uses not listed above in 11.38.120(.1) and (2) are not eligible to use monitored electrified security fences unless the Director of Community Development, or his/her designee, determines the use is similar and the monitored electrified security fence can meet all other applicable requirements of this Chapter.

C. Permits Required. It shall be unlawful for any person to install, maintain, or operate an electrified fence system of any kind in violation of this Section. Any approved electrified fence security system shall require the following:

1. An Administrative Permit issued by the Community Development Department as defined and regulated in Chapter 11.77 of the MMC (Administrative Permit).

a. Administrative Permits for monitored electrified security fences are not transferable unless the new owner of the business for which an Administrative Permit was issued is not making any substantive changes to the operation of the business as determined by the Director. A new business license, Alarm Permit, and updated Administrative Permit shall be required.

b. New businesses, new development of the property, expansion, or substantial changes to the use of the property as determined by the Director shall require the removal of the electrified security fence system or submittal of a new application for an Administrative Permit, subject to the requirements of this Chapter.

2. Building Permit(s) issued by the Building Division. The monitored electrified security fence system shall comply with all applicable local and state regulations.

a. It shall be unlawful to operate a monitored electrified security fence system until the building permit final has been issued by the Building Official or designee.

b. Unpermitted, inoperable, or abandoned monitored electrified fence systems shall be immediately removed from the premises by the applicant and/or property owner.

3. An Alarm User Permit according to Chapter 4.12.040 of the Montclair Municipal Code.

D. Justification for Monitored Electrified Security Fence. As part of the application for an Administrative Permit to install a monitored electrified security fence, the applicant shall submit a written justification for utilizing such a system on-site. The applicant shall provide:

1. A notarized authorization letter from the property owner (if different from the applicant) allowing the applicant to apply for, install, and operate an electrified security fence system on the subject property.

2. A detailed site plan showing existing improvements and location for the proposed monitored electrified fence security system and its various components (e.g. screen wall or fence, system materials, power source, key box, cut-off switch, cameras, lights, etc.).

3. A written request that includes the intended purpose for an electrified security fence system, facts, and/or diagrams to support the need for an electrified fence security system including but not limited to Police reports (e.g. calls for service, arrests, loss statements, etc.). The written request shall also demonstrate that all reasonable measures (e.g., existing fences or walls, security guards, conventional alarms, etc.) have not been successful in mitigating or preventing security breaches or property theft.

4. The established fee for a permit to install a monitored electrified security fence shall be paid by the applicant at the time of application submittal.

E. Findings for Approval. In approving an Administrative Permit for a monitored electrified security fence system, the Director of Community Development, or his/her designee, shall make all of the following findings:

1. Based on the justification provided by the applicant, and site inspection(s), the proposed use of a monitored electrified fence system is warranted and after all other reasonable efforts have been attempted, and would be an effective means of deterring potential intruders; and

2. The proposed monitored electrified security fence system complies with all requirements of this section; and

3. The installation of the proposed monitored electrified security fence system will not have a detrimental effect on the appearance of the street, pose a direct danger to members of the public, or adversely affect the use of surrounding properties. In some cases, the Director, or his/her designee, may require new or existing exterior fences to be installed or modified with additional details (e.g. mesh, slats, increased height, etc.), or low-growing landscaping (on the exterior side of the non-electrified fence or wall) as a means of protecting the aesthetics of commercial areas and to further prevent unintentional contact with the electrified security fence.

F. Permit Revocation. If an approved monitored electrified security fence system is found not to comply with any provision of this Section and the applicant has not taken the initiative to address the deficiency within ten days of written notice from the City, the City may revoke the Administrative Permit approval. Upon permit revocation, the permit holder/applicant shall receive a statement from the Community Development Department describing the reason for the revocation and shall immediately turn off the electric pulse for the fence.

G. Appeal. A decision of the Director of Community Development may be appealed to the Planning Commission within ten days of the Director's decision. The appeal shall be made on forms prescribed by the Planning Division and fees paid per the fee resolution. The submission of the application and fees shall constitute the filing of the appeal. The Planning Commission shall review the appeal at a regularly scheduled meeting according to the schedule of meetings and deadlines for submission of applications. The Commission shall either uphold, reverse, or modify the Director's decision.

If anyone is aggrieved or affected by the decision of the Planning Commission, they may appeal the decision to the City Council within ten days of the decision of the Planning Commission. The appeal shall be submitted per the above appeal provisions. The City Council shall review the appeal and either uphold, reverse, or modify the Planning Commission's decision. The City Council's decision shall be final.

H. Installation Requirements.

1. Decorative Perimeter Fence or Wall Required.

a. No monitored electrified security fence system shall be installed or operated unless it is completely behind a new or existing permitted non-electrified decorative fence or wall of at least six feet in height (New or existing chainlink fences are not considered to be decorative). The installation of a standalone electrified fence system is prohibited.

b. An electrified fence, or portion thereof, shall be a minimum of ten feet back from any street property line.

c. For new or existing buildings with frontages abutting a public or private sidewalk, or within ten feet of a street property line, an electrified fence shall be set back from the face of the building by at least five feet.

d. The non-electrified perimeter fence shall be separated from the electrified fence system between four to eight inches inside the non-electric perimeter barrier, except for gate openings with insulated contacts.

e. The inside area between the non-electric perimeter fence and the monitored electrified security fence shall be kept clear of landscaping, shrubbery, debris, or material of any kind.

f. Barbed, razor, or similar wires shall be removed from existing walls and fences.

2. Design.

a. A monitored electrified security fence system shall be installed to appear as minimally intrusive as possible as viewed from any public or private street.

b. The number of vertical support posts shall be minimized and evenly spaced to the greatest extent possible.

3. Height. Monitored electric security fence systems shall be limited to a maximum height of ten feet, or two feet higher than an existing and permitted wall or fence barrier, whichever is lower. Height shall be measured from an adjacent public sidewalk or level-paved surface, whichever is closer.

4. Warning Signs. Monitored electrified security fences shall be identified by warning signs. The warning signs shall conform to the following requirements:

a. Warning signs shall be located on both sides of the electrified security fence, parallel with the direction of the fence, at not more than 30-foot intervals and shall read: "WARNING - ELECTRIC SECURITY FENCE" and include commonly recognized symbol for shock, consistent with California Civil Code Section 835.

b. The text shall be printed in English and Spanish. All lettering shall be a minimum of one inch high.

c. Warning sign dimensions shall be a minimum of four inches high by eight inches wide.

d. The warning signs shall consist of a yellow background with black text and must be kept in good condition to ensure visibility.

5. Electrical Shut-Off for Emergencies. Installation of a cut-off switch capable of disconnecting and de-energizing the fence from the controller in case of emergencies, electrical storms, etc., is required. A key box/switch or keypad shall be installed to provide secure access to the cut-off switch. The key box/switch or keypad shall be provided with a reflective marker displayed in an approved location.

All electrified security fence systems shall also have an approved visual signal indicator next to the key switch for emergency responders that indicates if the battery-operated alarmed electric fence is energized or de-energized. The signal indicator shall be lit when the fence is charged and not lit when not charged.

I. Hours of Activation. An electrified security fence shall be energized only during the hours when the general public does not have access to the protected property.

J. Alarm System. All approved monitored electrified security fence systems shall require and include an interface with an alarm system to be monitored during all times after a business is closed, or at all times when electrified security fences are installed to protect unoccupied public utility properties. The alarm system shall be registered with the City, subject to the requirements of Chapter 4.12 of the Montclair Municipal Code, including service fees for false alarm service calls.

K. Indemnification. The property owner and the applicant issued permits to install and use a monitored electrified security fence system as provided in this Section shall agree, as a condition of permit issuance, to defend, indemnify, and hold harmless the City of Montclair and its agents, officers, consultants, independent contractors and employees from any claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electrified fence.

(Ord. No. 24-1005, § III, 2-5-24)