Fences and walls are permitted in every R district and are required for specific uses as provided in this article.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. F), 2007)
A.
Measurement of Height. The height of a fence or wall used as a fence is measured from the point at which the fence posts or wall pilasters intersect the ground. Where a fence is built on top of a retaining wall, the fence height is measured from the lowest adjacent grade within 18 inches.
The height of any fence separated by a distance of at least 18 inches from the inside face of a retaining wall shall be measured from finished grade at the base of the fence.
B.
R District Maximum Height Within a Required Yard.
1.
Side and rear: six feet.
2.
Front and corner side of a reverse corner lot: four and one-half feet;
3.
Front yard of a key lot: four and one-half feet. Fence height may be increased to six feet, only on the property line shared by the key lot and adjoining reverse corner lot, and only between the rear of the required front yard and the point along the property line that is as far away from the front line as the width of the required corner side yard of the adjoining key lot.
4.
Corner side: six feet, except for the portion of the lot within three feet of the edge of the sidewalk, or three feet from the curb or pavement if there is no sidewalk, in which the maximum height is four and one-half feet; provided, that the portion above three feet in height must have generally uniformly spaced interstices to allow 66 and two-thirds percent open area between the fence material.
5.
Corner side sight visibility triangle: four and one-half feet; provided, that the portion above three feet in height must have generally uniformly spaced interstices to allow 66 and two-thirds percent open area between the fence material within a triangle formed by the intersecting street lines and a line joining points on these street lines at a distance of 30 feet from the intersection of these lines.
D.
Nonresidential Use Adjacent to R District. An eight-foot-high solid masonry or concrete wall or a wall designed to attenuate the CNEL to the maximum level allowed in the general plan for the proposed land use must adjoin the property line of the site of a new nonresidential use abutting an R district. However, no wall is required where the portion of the site within 10 feet of the front property line is occupied by a planting area.
E.
Recreation and Public Facilities. The maximum height of a fence that encloses a schoolground, public playground, tennis, basketball or volleyball court, public, community, or commercial swimming pool, public facility or utility is 14 feet.
F.
Exceptions to Height Regulations. The fence height standards as required in this section may be increased or limited under the following provisions:
1.
Environmental Mitigation. The height of a fence may be established upon acceptance by the planning commission of the mitigation measures of an environmental impact report in order to mitigate adverse noise or visual impacts.
2.
Zoning Administrator Approval or Use Permit. The maximum fence height standards may be increased or the required fence criteria may be reduced or modified by the issuance of a zoning administrator approval under Chapter 18.32 PMC or in conjunction with the issuance of a use permit for a proposed use. Such a permit may be issued under the following provisions:
a.
Fence height requirements may be exceeded, reduced, or modified without specific findings of hardship or unusual circumstances when reviewed and adequately controlled to assure that the area will assume or retain the characteristics intended by zoning.
b.
Findings must be made that the installation or construction of a fence or wall, under the conditions of the particular case, will not infringe upon the light, air circulation or visual openness of surrounding properties; detract, impair or destroy the characteristics of the established area; nor be detrimental to the health, safety or welfare of persons residing or working in or adjacent to the area or neighborhood of such structure.
c.
In approving the permit, the planning commission or zoning administrator may impose such conditions deemed necessary to protect the best interests of the surrounding area or neighborhood, in line with the standards prescribed in this section and with the general plan.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 1055 (Exh. A), 1992; Ord. 05-1257 § 4, 2005; Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 23-1509 §§ 22, 23, 2023)
A building permit is required for any fence over six feet in height. A retaining wall over three feet in height or supporting a surcharge or impounding Class I, II, or III-A liquids requires a building permit, including plans and calculations stamped and signed by a registered structural or civil engineer.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. F), 2007)
An encroachment permit is required for a fence or wall used as a fence that is constructed within a utility easement or public right-of-way.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. F), 2007)
A.
As used in this section, "electric fence" or "electric fencing" means any fence and appurtenant devices, including, but not limited to, fences and devices used in animal control, and including, but not limited to, a fence consisting of a single strand of wire supported by posts or other fixtures, which has an electrical charge or is connected to a source of electrical current and which is so designed or placed that a person or animal coming into contact with the conductive element of the fence receives an electrical shock.
B.
The construction and use of electric fencing shall be allowed in the city only as provided in this section, subject to the following requirements:
1.
Use Permit Required. The planning commission shall conduct a public hearing and consider each request to install an electric fence. No electric fence shall be installed or used unless its installation or use is approved by the planning commission. Such a permit may be issued under the following provisions:
a.
The planning commission must make findings that the installation or construction of an electric fence and perimeter fence or wall, under the conditions of the particular case, will not infringe upon the light, air circulation or visual openness of surrounding properties; detract, impair or destroy the characteristics of the established area; nor be detrimental to the health, safety or welfare of persons residing or working in or adjacent to the area or neighborhood of such structure.
b.
In approving the permit, the planning commission may impose such conditions deemed necessary to protect the interests of the surrounding area or neighborhood, in line with the standards prescribed in this article and with the general plan.
2.
Electric fence permit applications must include the following:
a.
Site plan indicating the location of the electric fence and perimeter fence.
b.
Schematics indicating or displaying the location of the power source and load calculations; materials used for the fence construction; location of the regulating and monitoring equipment; and location of emergency access, key box and cutoff switch.
c.
Proof of liability insurance, as required by this article.
3.
Electrification – IEC Standards. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.
4.
Conditions for Installation.
a.
Location. Electric fences shall be permitted only on properties located in CS, CSD and I districts, but shall not be installed on any property line that adjoins the property with other property located in a CP, CN, CO, CC, M, GQ, R, HPD or residential PD district. Electric fences are prohibited within 25 feet of any outdoor area utilized for the storage, use, or handling of hazardous materials as defined in the California Fire Code. Electric fences are prohibited inside of a building and within the front or corner side yard of a lot.
b.
Perimeter Fence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrified fence or wall that is not less than eight feet high. The perimeter fence shall be solid, without spaces or gaps, and separated from the electrified fence by a maximum of eight inches. No part of a perimeter fence shall be allowed to be in contact with the electric fence. The area between the perimeter wall or fence and the electric fence, as well as any area within two feet of the electric fence, shall be paved with gravel or concrete and kept clear of landscaping, weeds, shrubbery, trash, other fences or material of any kind. Perimeter fences or walls shall be view-obscuring and shall be a masonry or concrete wall, wood privacy fence, or an equivalent solid barrier fence.
c.
Height. The height of electric and perimeter fences shall comply with PMC § 18.84.205(C)(2).
d.
Warning Signs. Electric fences shall be clearly identified with warning signs prepared in English and Spanish that read, "Warning: Electric Fence," above or alongside universal symbols that indicate the presence of an electrified fence. Such signage shall be installed on the perimeter fence at intervals of not less than 30 feet. The size of the warning signs shall be no smaller than 12 inches by 18 inches. The warning signs shall be kept in good condition to ensure visibility and readability.
e.
Registration of Alarm System. Electric fencing installed with an alarm system, as defined in PMC § 9.24.020, shall be installed in compliance with all applicable provisions of Chapter 9.24 PMC, including but not limited to registration of the alarm agent and alarm system, technical standards and regulations applicable to audible alarms. Failure to comply with the applicable provisions of Chapter 9.24 PMC will result in enforcement of penalties pursuant to that chapter, and shall provide grounds for denial or revocation of the requisite use permit for the electric fence.
f.
Key Box. A "Knox Box electrical shunt switch" and a "Knox Box" or other similar approved device shall be installed for emergency access of police and fire departments.
g.
Hours of Activation. An electric fence shall only be energized during the hours when the general public does not have legal access to the protected property and shall be maintained by an automatic timer.
h.
Energizer. The electric charge produced by the fence upon contact shall not exceed energizer characteristics described in paragraph 22.108 of IEC Standard 60335-2.76. The electric fence shall be energized by battery not to exceed 12 volts direct current, and the impulse repetition rate of the charge shall be no more frequent than one cycle per second.
5.
Liability. The owner of the electric fence and the property owner(s), if different, are each required to carry general liability insurance in a minimum amount of $1,000,000 in the aggregate. Proof of insurance shall be required as a condition precedent to securing a use permit as required in this section. A failure to maintain proof of insurance and to provide evidence of such insurance to the city annually or more frequently as may be requested by the city planner shall be grounds for denial or revocation of the permit. Proof of insurance shall be underwritten by an organization licensed and authorized to do business in the state of California.
6.
Indemnification. All applicants issued permits to install or use an electric fence as provided in this article shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the city of Pittsburg and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence.
7.
Emergency Access. In the event that access by the Contra Costa County fire protection district or city of Pittsburg 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 referred to in this article is absent or nonfunctional, 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 are 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 article shall agree in writing to waive any and all claims for damages to the electric fence against the Contra Costa County fire protection district, city of Pittsburg and their personnel under such circumstances.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 14-1387 § 3, 2014)
Barbed or razor wire fencing is not permitted within a CN, CO or R district, unless specifically allowed in conjunction with a use permit for a proposed use. Barbed or razor wire fencing within any other zone must be a minimum of six feet above grade except within an OS district.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. F), 2007)
Every fence, wall, and hedge is subject to the driveway visibility requirements of PMC § 18.78.050(C).
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. F), 2007)
Every fence and wall must be constructed in a sound and workmanlike fashion using new or good used material, and be maintained erect and in a state of good repair. A dilapidated, dangerous, or unsightly fence or wall must be repaired, replaced, or removed, as the situation may warrant.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. F), 2007)