Murrieta Municipal Code § 16.22 Fences, Hedges, and Walls

The purpose of this chapter is to establish requirements for fences, hedges and walls to ensure that these elements do not block views and sunlight; provide adequate buffering between different land uses; provide screening of outdoor uses and equipment; and are designed to provide aesthetic enhancement of the city.

(Ord. 182 § 2 (part), 1997)

The provisions of this chapter apply to all fences, hedges and walls unless otherwise stated.

These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety.

(Ord. 182 § 2 (part), 1997)

Fences, hedges and walls may be erected/maintained to the heights shown in Table 3-3.

TABLE 3-3 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS

* The director may approve additional height to enclose or screen areas.

(Ord. 182 § 2 (part), 1997)

A. Fences and walls otherwise limited to three feet in height, may be allowed up to five feet in height with see-through (e.g., wrought iron or grille work) fencing material;

B. Fences and walls otherwise limited to six feet in height, may be approved up to eight feet in height with see-through (e.g., wrought iron or grille work) fencing material; and

C. Fences and walls may be allowed up to ten feet when the required setbacks are maintained. Heights greater than ten feet may be allowed subject to approval of the director.

(Ord. 182 § 2 (part), 1997)

Where there is a difference in the ground level between two adjacent parcels of less than two feet, the height of a fence or wall constructed along the property line shall be determined by using the finish 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.

(Ord. 182 § 2 (part), 1997)

Walls shall be provided and maintained between different zoning districts as follows:

A. Where a nonresidential or multi-family zoning district abuts a residential zoning district, a solid masonry wall C feet in height shall be constructed on the zone boundary line. Walls may be constructed higher than six feet if the viewshed is not impeded subject to the approval of the director;

B. Where a BP or IG zoning district abuts another zoning district, a solid masonry wall six feet in height shall be constructed on the zone boundary line;

C. Walls shall be of solid masonry construction and shall be of a decorative design when in view of public rights-of-way subject to approval of the director; and

D. The director may waive or modify requirements for walls between different zoning districts where a solid masonry wall already exists on the contiguous property if the following findings can be made:

1. The existing wall meets or can be modified to conform to the intent of this chapter;

2. Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the de-sired physical separation;

3. The existing wall can be protected to prevent vehicle damage, if necessary; and

4. Concurrence of the adjacent property owner can be obtained, to modify the existing wall to meet the requirements of this chapter.

(Ord. 182 § 2 (part), 1997)

A. Swimming Pools, Spas and Similar Features. Swimming pools, spas and other similar features shall be fenced in compliance with Chapter 15.48 (Swimming Pool Enclosures) of the municipal code.

B. Outdoor Equipment, Storage and Work Areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with Section 16.18.120 (Screening and Buffering).

C. Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the director.

D. Fence and Wall Design. Perimeter fences/walls adjoining public rights-of-way shall be articulated in compliance with subsection 16.08.030(A)(5)(b) (Walls). The design shall include an appropriate mix of materials and landscaping subject to the approval of the director.

E. Construction Fencing. Active construction sites shall be enclosed with a locked temporary construction fence or similar barrier to prevent ease of access into the site.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

A. Prohibited Fencing Materials.

1. Barbed wire, razor wire and other similar materials shall not be permitted as part of a fence or wall except as utilized for permitted agricultural and livestock operations; and

2. The use of chain-link fencing shall not be allowed within the front yard setback on a residentially zoned, except in the RR and RE zones or developed property along a property line adjacent to a street.

3. Barbed wire, razor wire, and similar materials installed prior to the effective date of Ordinance No. 610-24 shall be allowed to continue to be utilized for security purposes.

B. Exceptions to Prohibited Fencing Materials. Chain-link fences may be allowed when required for security or safety reasons, subject to the director's approval, which shall be conditioned to mitigate negative visual impacts. The conditions may include, but are not limited to, the following:

1. Inclusion of decorative elements (i.e., varied mesh sizes, vinyl or other coating and alternative post materials);

2. Inclusion of landscaping or alternative fence locations; and

3. Maintenance of fencing materials and landscaping.

(Ord. 610-24 § 5, 2024; Ord. 182 § 2 (part), 1997)

The director may waive or modify the requirements of this chapter to a project if the following findings can be made:

A. That the waiver of modification, as applied to the project, will not adversely impact adjoining properties; and

B. That the waiver or modification will not be contrary to the public health, safety and general welfare.

(Ord. 430-10 § 2, 2010; Ord. 182 § 2 (part), 1997)