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 provide for the mitigation of noise. These requirements are designed to provide aesthetic enhancement of the City.
(Prior code § 16-325.010)
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, or to retaining walls which are regulated by Section 16.36.110 (Setback regulations and exceptions).
(Prior code § 16-325.020)
See Section 16.48.040.
(Prior code § 16-325.025; Ord. 023-07 C.S. § 29; Ord. 2020-06-09-1501 C.S. § 13)
Fences, hedges, and walls may be erected/maintained to the following heights, except for specified mitigation measures:
A. 
Residential. The heights shown in Table 3-4 (Maximum Height of Fences, Hedges, and Walls in Residential Zoning Districts) are allowed within residential zoning districts, except in compliance with Sections 16.48.060 (Exceptions to height limitations) and 16.48.090 (Special wall and fencing requirements).
TABLE 3-4
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS IN RESIDENTIAL ZONING DISTRICTS*
Location
Maximum Height
Front and street side yards to the setback line
3 ft.
Front and street side yards outside the setback lines
7 ft.
Rear and interior side yards
7 ft.
Rear and side yards adjacent to levees and nonresidential land uses
8 ft.
Rear and side yards adjacent to parks
Minimum of 8 ft.
At intersections of streets, alleys and driveways within traffic sight areas (Section 16.36.140)
30 inches
Notes:
*
See Table 3-4 in Section 16.36.140 for traffic sight areas.
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FIGURE 3-11 ALLOWED FENCE HEIGHT IN RESIDENTIAL ZONING DISTRICTS
B. 
Nonresidential. The heights shown in Table 3-4a (Maximum Height of Fences, Hedges, and Walls in Nonresidential Zoning Districts) are allowed in nonresidential zoning districts, except for fencing for residential structures which shall comply with the height requirements in Table 3-4 (Maximum Height of Fences, Hedges, and Walls in Residential Zoning Districts).
TABLE 3-4a
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS IN NONRESIDENTIAL ZONING DISTRICTS*
Location
Maximum Height
Front and street side yards located to a minimum of 10 feet from the property line or the setback line, whichever is greater
3 ft.
Front and street side yards within the building envelope
8 ft.
Rear and interior side yards
8 ft.
Rear and side yards adjacent to levees, parks, and residential land uses
8 ft.
At intersections of streets, alleys and driveways within traffic sight areas in compliance with Section 16.36.140 (Traffic sight area)
30 inches
Notes:
*
The fence is subject to design review and a building permit is required for fences over six feet in height.
(Prior code § 16-325.030; Ord. 023-07 C.S. § 30; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 16)
The Review Authority may adjust the setback and height requirements for fences, hedges, and walls in compliance with Chapter 16.176 (Waiver) under the following conditions:
A. 
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography) so that the strict or literal interpretation and enforcement of this Development Code would cause undue hardship;
B. 
The subject site would be physically suitable for the proposed waiver;
C. 
The proposed fence, hedge, or wall would not cause the view of the adjacent neighbors to be substantially blocked;
D. 
The location of the proposed fence, hedge, or wall does not encroach into the traffic sight area in compliance with Section 16.36.140 (Traffic sight area);
E. 
The proposed fence, hedge, or wall recognizes the particular characteristics of the site and is consistent with the surrounding built environment, including the existing use of fences, hedges, and walls in the neighborhood; and
F. 
The proposed fence, hedge, or wall complements the architectural style, character, and proportions of the main building and neighborhood and is composed of appropriate materials.
(Prior code § 16-325.035; Ord. 023-07 C.S. § 31; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-06-09-1501 C.S. § 14)
All fences and walls in nonresidential and multifamily projects and all back-up walls in residential and nonresidential projects shall be designed and built so as to control graffiti in compliance with Section 16.32.060 (Graffiti).
(Ord. 015-09 C.S., eff. 12-3-09)
A. 
Three Foot Fences. Fences and walls otherwise limited to three feet in height may be allowed up to four feet in height provided the fence:
1. 
Is constructed of open grillwork or similar open material, whether wood, wrought iron, or other allowed material, that allows at least 33 percent view penetration through the fence; and
2. 
Is not located in the traffic sight areas in compliance with Section 16.36.140 (Traffic sight area).
B. 
Wrought Iron Fences. Wrought iron fences that have at least 33 percent view penetration through the fence may be allowed in the setback area and building envelope up to seven feet in height in the Magnolia historic overlay district and midtown district, as defined in Division 8, provided the fence is not located within the traffic sight areas in compliance with Section 16.36.140 (Traffic sight area).
C. 
Public Areas. Fences which enclose school grounds, public playgrounds, tennis courts, public swimming pools, or other public areas which are used for athletic purposes may be erected to a height in excess of seven feet, with the approval of the Director.
(Prior code § 16-325.040; Ord. 023-07 C.S. § 32; Ord. 2020-12-01-1502 C.S. § 17)
A. 
The height of a fence or wall shall be measured from the finished grade at the location in which the fence or wall is to be located.
B. 
Where there is a difference in the ground level between two adjacent parcels, 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.
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FIGURE 3-12 MEASUREMENT OF FENCE OR WALL HEIGHT
(Prior code § 16-325.050)
A. 
Where a nonresidential zoning district abuts a residential zoning district (RL, RM, and RH) or a noise sensitive use, solid masonry walls shall be provided (see Figure 3-5) as follows:
1. 
For a nonresidential property of less than two acres:
a. 
A wall eight feet in height shall be constructed at the time of development along the zone boundary line by:
i. 
The subdivider if there is a tentative map; or
ii. 
The nonresidential or multifamily owner, if there is no tentative map.
b. 
Walls may be constructed higher than eight feet if:
i. 
Required as a condition of approval or as a mitigation measure; or
ii. 
If the viewshed is not impacted, subject to the approval of the Director.
2. 
For a nonresidential property of two or more acres, a wall eight feet in height shall be constructed along the zone boundary line by the owner of the nonresidential use at the time of development.
B. 
Walls shall be of solid decorative masonry construction, designed and built so as to control graffiti in compliance with Section 16.32.060 (Graffiti), and subject to approval of the Director.
C. 
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 would be modified to conform to the intent of this chapter;
2. 
Suitable landscaping would be installed adjacent to the existing wall to supplement and enhance the desired physical separation;
3. 
The existing wall would 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.
D. 
Where a public park or open space preserve abuts any other land use, excluding a school site, a solid eight foot decorative masonry wall shall be constructed on the abutting private property.
(Prior code § 16-325.060; Ord. 023-07 C.S. § 33; Ord. 015-09 C.S., eff. 12-3-09)
A. 
Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and other similar features shall be fenced with a self-closing, self-latching gate on the pool side and be in compliance with the latest edition of the California Building Code.
B. 
Outdoor Equipment, Storage, and Work Areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with Section 16.36.100 (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. 
Walls Along Rights-of-Way. Perimeter fences/walls adjoining public rights-of-way shall be designed and constructed in compliance with City standard specifications and plans and as follows:
1. 
Walls shall be constructed of decorative concrete or masonry materials up to six feet in height, and the exterior of the walls shall be designed and built so as to control graffiti in compliance with Section 16.32.060 (Graffiti).
2. 
Aesthetic appeal as well as structural integrity shall be considered when designing the wall;
3. 
All walls shall be located on private property and a separate maintenance easement shall be recorded for the walls. The easement shall be of a sufficient size to allow for regular maintenance (i.e., graffiti removal) and shall include the width of the support footing as it extends from both sides of the wall. The owner(s), developer(s), and successor(s)-in-interest shall provide for maintenance of the walls by providing some type of permanent maintenance entity such as either a Homeowners Association or participation in the City's consolidated landscape maintenance district;
4. 
Where a 15-foot wide landscaped right-of-way is not required, walls shall be articulated by providing a minimum three foot deep by 10-foot long landscaped recession for every 50 feet of continuous wall; and
5. 
The design shall include an appropriate mix of materials and landscaping subject to the approval of the Director, including materials designed to discourage graffiti (i.e., vines, shrubs with thorns etc.).
E. 
Retaining Walls. If a fence is placed on top of a retaining wall, the total height of the fence and the retaining wall together shall not be greater than the allowed height of a fence in the zoning district. (See also Section 16.36.110(D)(2)(b) (Retaining walls).)
(Prior code § 16-325.070; Ord. 023-07 C.S. § 34; Ord. 015-09 C.S., eff. 12-3-09)
A. 
Chain Link Fencing. (See Figure 3-13.)
1. 
Residential and Commercial Zoning Districts. Permanent fences composed of chain link or similar materials (chicken wire, hog fencing, etc.) are prohibited in residential and commercial zoning districts as follows:
a. 
Developed Property. In the area between the front and/or side of any building facing a street. Chain link fencing is allowed along the interior and rear property lines provided the fence along the front and/or street side of the property does not project in front of any buildings.
b. 
Vacant Property.
i. 
Residential Zoning Districts. Within 20 feet of the front property line and 10 feet of the street side property line. Chain link fencing is allowed along the interior and rear property lines provided it is not within 20 feet of the front property line or 10 feet of the street side property line.
ii. 
Commercial Zoning Districts. Within 10 feet of the front and street side property lines. Chain link fencing is allowed along the interior and rear property lines provided it is not within 10 feet of the front or street side property lines.
2. 
Industrial Zoning Districts. Vinyl coated chain linked fencing located at least 10 feet from the front and street side property lines shall be allowed in industrial zoning districts. Other types of chain link fencing or similar materials (chicken wire, hog fencing, etc.) are prohibited within the 10-foot front and street side yard areas. Chain link fencing is allowed along the interior and rear property lines provided it is not within 10 feet of the front or street side property lines.
3. 
Temporary Uses. Chain link fencing shall be allowed for temporary uses.
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FIGURE 3-13 ALLOWED SETBACKS FOR CHAIN LINK FENCES
B. 
Barbed Wire/Razor Wire Fencing. Barbed wire and razor wire fencing is prohibited in residential zoning districts or adjacent to public rights-of-way in commercial and industrial zoning districts. All barbed wire, razor wire, or other sharp pointed material may only be used in the construction of a fence if it is at least seven feet above ground level and not visible from any adjacent public street.
C. 
Tarp Fencing. Tarp fencing shall be prohibited in all zoning districts.
D. 
Electrified Fencing. The use of electrified fencing, for security or other purposes, is prohibited in all zoning districts, except in the CG, IL, IG, and PT zones. Said fencing shall comply with the following requirements:
1. 
Permits Required. Any electrified fencing shall require the approval of the following permits:
a. 
Land Development Permit. A land development permit in compliance with Chapter 16.136 (Land Development Permits) when located in the CG zone, except as otherwise approved by another discretionary application for a project on the same site.
b. 
Alarm Permit. An alarm permit obtained from the Police Department. For this program, all applicable alarm fees apply to electric fence installations. (See Title 8, Chapter 8.44 "Intrusion Detection Devices and Burglar Alarm Systems.")
c. 
Building Permit. A building permit in compliance with Title 15 (Buildings and Construction).
2. 
General Requirements. The following electrified fencing standards shall apply to all development:
a. 
Electrical Standard. Unless otherwise specified herein, electrified fences shall be constructed or installed in conformance with applicable provisions of International Electrotechnical Commission (IEC) standards for electric fence energizers, as well as applicable provisions of the California Electrical Code (CEC), as necessary.
b. 
Electrification.
i. 
The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC or other approved 12 Volt DC or less power source.
ii. 
The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in the IEC standard for electric fence energizers.
iii. 
Non-low voltage electrical components (e.g., controllers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL).
c. 
Perimeter Fence or Wall. Except as required by subsection (2)(h) of this section, electrified fencing shall be completely surrounded by a non-electrified fence or wall that is not less than six feet high and have no barbed, concertina, or similar wire attached. Vehicle access gates along public rights-of-way may be exempted from this requirement, subject to approval of a land development permit in the CG zone or another discretionary application for a project on the same site. Any barbed, concertina, or similar wire on existing fences shall be removed prior to the installation of the electric fence. Existing developed properties with legally built existing chain-link fencing may retain said fencing when located closer than 10 feet from the front and side property. Similarly, vinyl coating on said fencing is not required.
d. 
Setback.
i. 
Any opening in the perimeter fence less than or equal to three inches shall require a minimum 12-inch setback from the electric fence (IEC 60335-2-76 Standard).
ii. 
Any opening in the perimeter fence greater than three inches shall require a minimum 36-inch setback from the electrified fence or the installation of an approved mesh between electrified fence and non-electrified fence.
e. 
Height. Electrified fencing shall not have a height in excess of 10 feet.
f. 
Warning Signs. Electric fences shall be clearly identified with 12-inch by 18-inch warning signs on both the inside and outside of the fence. The signs shall read "Warning-Electric Fence" in English with international symbols and other languages as required by the land development permit in the CG zone, at intervals of not greater than 30 feet. Warning signs shall remain in good condition at all times to ensure visibility.
g. 
Emergency Access. A "Knox Box" or other similar approved devices shall be installed for emergency access by Police and Fire Departments. A means to disconnect electrical power to the fence shall be readily available to the Police and Fire Departments. Disconnect switches and controls shall be in an accessible location on the property and shall not be obscured in any manner from the street/private driveway access. Approved signs stating the identification of such switches/controls in addition to informational instructions as to how to disable the electrical system shall be installed to the satisfaction of the Fire Marshal. In accordance with Section 8.44.090, a notice shall be posted at each gate (pedestrian and vehicle gates) indicating a 24-hour contact name and phone number or said information shall be filed and kept updated with the Police Department. In the event that access by the City of Stockton Fire Department and/or Police Department personnel to a property where a permitted electric fence has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device above is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present to disable the electric fence, fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this chapter will agree to waive any and all claims for damages to the electric fence against the City of Stockton and/or its personnel under such circumstances.
h. 
Adjacent to Residential Zones or Uses. Electric fences may abut residentially-zoned or residentially-used property when there is a non-electrified wall at least eight feet in height between the electrified fence and residential zone or use.
i. 
Electrified Fences in the CG Zone. The following uses are eligible for electrified fencing in the CG zone:
i. 
Marinas;
ii. 
Construction, farm and heavy equipment sales;
iii. 
Personal storage facilities; and
iv. 
Minor communication facilities.
(Prior code § 16-325.080; Ord. 023-07 C.S. §§ 35, 36; Ord. 001-08 C.S. §§ 5, 6; Ord. 015-09 C.S., eff. 12-3-09; Ord. 009-10 C.S. § 1, eff. 8-26-10; Ord. 2019-05-21-1504 C.S. § 2)