ORDINANCE NO. 440-2017

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED AMENDING CHAPTERS 18.08 AND 16.40 OF THE WEED MUNICIPAL CODE IN REGARD TO FENCES

The City Council of the City of Weed does ordain as follows:

Section 1. Section 18.08.210 of the Weed Municipal Code is hereby amended to read in its entirety as follows:

18.08.210 – Fence, hedge, wall. “Fence” means any structural device forming a physical barrier, including a wall. “Hedge” is a boundary formed by a dense row of shrubs. “Wall” means any such device constructed primarily of brick, rock, other masonry, or concrete.

Section 2. Chapter 16.40 of the Weed Municipal Code is hereby adopted to read in its entirety as follows:

Chapter 16.40

FENCES, HEDGES, AND WALLS

16.40.010 – Permit required. Fences, hedges, and walls may be erected or installed in any district, subject to the following conditions:

 A. A Fence Permit shall be obtained from the City prior to the commencement of the erection or installation of a fence or wall. The City Manager shall establish forms, fees, and procedures for the issuance of fence permits, such fees to be in amounts sufficient to recover the City’s costs and expenses related to implementation of this subsection, and recommend civil penalties for failure to obtain such a permit or to comply with other City requirements. All such fees and civil penalties shall become effective immediately upon their approval by resolution of the City Council.

 B. The Fence Permit shall issue upon receipt of an application which confirms that the design complies with City requirements, is safe, and is located on the applicant’s property.

16.40.020. – Design. A. Fences, hedges, and walls shall not exceed six (6) feet in height from original grade, as measured from grade at any point along either side of the fence, hedge, or wall.

 B. A fence, hedge, or wall which is located in any front yard, or in the side yard on the street side of either a corner lot, or on a lot the rear line or which abuts the side line or an adjoining lot, shall not exceed four (4) feet in height as measured from grade at any point along either side of the fence, hedge, or wall.

 C. The street intersection of a corner lot shall have no fence, hedge, or wall exceeding three (3) feet in height, from grade at any point along either side of the fence, hedge, or wall, within a triangle of twenty-five (25) feet off the finished grade.

 D. Trees located within the twenty-five (25) foot triangle referenced in subsection C, above shall have limbs trimmed and maintained a minimum of eight (8) feet off the finished grade.

 E. Fences or other structures exceeding the allowable height to enclose tennis court or similar areas, or to address unusual privacy requirements, may be erected only upon obtaining a Use Permit therefor, upon a finding that the use does not adversely affect public safety patrol or access capabilities.

 F. It shall be the responsibility of the property owner to identify the property corners prior to the construction.

16.40.030 – Allowable materials. The following materials may be used to construct fences:

 A. Treated wood, cedar, redwood, or other wood typically used for fencing materials;

 B. Simulated wood, vinyl, or fiberglass composite materials may be utilized if the material is listed, designed, and constructed for fencing materials;

 C. Decorative brick or stone;

 D. Wrought iron or aluminum designed to simulate wrought iron;

 E. Coated or non-coated chain link where line-of-sight is compromised pursuant to subsection C of section 16.40.020;

 F. Split rail;

 G. Alternative forms of fencing may be allowed with a Special Use Permit granted by the Planning Commission as per Section 16.40.050.

16.40.040 – Prohibited materials. The following materials are prohibited for use as residential fence material:

 A. Fences or walls containing razor wire (visible to a public right-of-way, alley, or parking lot), barbed wire, or electrified fences;

 B. Wire products, including but not limited to chicken wire, wire fabric, and similar welded or woven wire fabrics;

 C. Netting, cut or broken glass, or paper;

 D. Reflective surfaces, such as Galvanized metal;

 E. Plywood;

 F. Fiberglass panels or plastic panels that are not manufactured specifically for use as fencing material;

 G. Automobile or truck tires, rims, or other parts.

The City Manager may require the applicant to provide evidence of the manufacturer’s standards to establish the intended use of a proposed fencing material.

16.40.050 – Alternative fencing materials. The use of materials not listed in this chapter as being either allowable or prohibited may be approved by the Planning Commission with a Special Use Permit for Alternative Fence Materials. Any such approval must be supported by the following findings, as may be applicable:

 A. The fence will not create a safety hazard to person, property, or vehicular traffic;

 B. The appearance of the fence or wall is compatible with the design and appearance of other existing buildings and structures within the site and neighborhood;

 C. The fence or wall is a planned architectural feature to avoid dominating the site or overwhelming the adjacent properties and structures;

 D. The orientation and location of the fence or wall is in proper relation to the physical characteristics of the site and surrounding neighborhood;

 E. The fence will be of sound construction;

 F. The surface of the fence or wall will not cause glare or other bright light reflecting or emitted beyond the property line;

 G. There are no exposed edges, or broken glass;

 H. No panels of sheet material may be wider than six (6) feet and must be framed with wood or other acceptable fencing material such as wood-appearing vinyl, matching steel beam, or other material that frames wood paneling. No continuous sheeting may be used.

 I. The proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability, and safety;

 J. The fence or wall is compliant with all other applicable design standards.

16.40.060 – Design guidelines. The City Council may, by resolution, adopt fence and wall Design Guidelines for the purpose of updating the lists of allowable or prohibited materials, to provide further guidance and information for alternative fencing materials, or other purposes.

16.40.070 – Violation. A. The erection of a fence or wall without a City permit, and the erection of a fence or wall which does not conform to the design applied for and approved by the City shall constitute a violation of this Code and be punishable as provided by this Code.

 B. The erection of a fence, shrub, or wall which violates this chapter is a public nuisance and is subject to abatements pursuant to Chapter 8.24 of this Code.

Section 3. The city attorney is hereby authorized to prepare a summary of the ordinance as required by Government Code Section 36933.

Section 4. The city clerk is hereby authorized to publish the summary and post certified copies of the full text of the proposed and then adopted ordinances as required by Government Code Section 36933.

Section 5. This ordinance shall take effect and be in force thirty (31) days after its passage.

Section 5. This ordinance shall be published in the Weed Press, a newspaper of general circulation in the City of Weed, within fifteen (15) days after its passage.

I HEREBY CERTIFY the foregoing ordinance was introduced for first reading at an adjourned regular meeting of the City Council of the City of Weed held the 14th day of September, 2017, and thereafter adopted at a regular meeting of said Council held the 12th day of October, 2017 by the following vote to wit:

AYES: Council Members Green, Greene, Palfini, and Tavalero

NOES: None

ABSENT: Council Member Hall

/s/ Ken Palfini, Mayor, City of Weed

ATTEST:

/s/ Deborah Salvestrin, City Clerk, City of Weed

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