HomeMy WebLinkAboutORD 3754• •
ORDINANCE NO. 3Z54 ORDINANCE OF THE COUNCIL ':=:"O~F~T~H~E=--::C:;-;1:-:::::TmY.-OF PALO ALTO .
MENDING CHAPTERS 16.24, 16.48 AND 18.90 OF THE
PALO ALTO MUNICIPAL CODE
REGARDING FENCES AND FENCE VARIANCES
WHEREAS, the process of obta7.ning exceptions to regulations
regarding the height of fences ha.r,; caused difficulties for
neighbors, as well as City departrnents and policy makers 1 and
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'WHEREAS, the Co unci 1 wishes t:o permit somewha. t higher fences
in cear yards, but discourage requests for exceptions to the fen~e
regulations so as to avoid a walled appearance of the Cityft
NOW, THERFORE, the Council of the City of Palo Alto does
ORDAIN:
SECTION 1. Chapter 16.24 [Fences] of the Palo Alto Municipal
Code is hereby amended to read:
Sections:
16.24.010
16.24.020
16.24.030,
16.24.040
16 .. 24.050
16.;24.060
16.24.070
16.24 .. 080
16.24.090
Chapter 16.24
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FENCES
Oefini tions.
Standard fences -height and reguiations.
Special fences -height and regulations.
Fences at intersections.
Fences on residential lots abutting frontage
roads ..
Fences on corner.· lots ..
Prohibited fences.
Perait fee.
Variances.
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1,.24.010 Deftnitioaa. Throughout this chapter, th~
following definitions shall apply:
(a) •aeig,~t IHasurtuaent". Except ~s ott)erwise ·provided
in .this chapte~, hei9ht of fenc;:<!s or walls between the setback
line and lot line shall be. ~~easureq. from natural grade, as
deter•ined by the chl$f building offi~;al.
(b) •tot line• •eans any boundary of a lo.t.
Definitions of front, interior; rear, side and street lot lines
----....... -...... ____ """"' _____ ~-~-... ·--------...... -----------... ....-: .... -.--
3. Fences required for swimming pools.
See Chapter l611l2 of this Title.
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shall be those contained in chapter 18.04 of this code.
(c) •street setback line~ •eans a line established by
this code or any ordinance of the City of Palo Alto to govern the
placeMnt of buildings vith respect to streets and alleys, and , ··
ahall be .. asured fro• the lot line.
(d) Definitions of all •yards" (front, interior, rear, ·
side and street yacds) shall be those contained in chapter 18.04
of this code, or as required by the special setbacks of chapter
20 .. 08.
16.24.020 St•ndard fences -height and regulations.
{a} Fences between the street setback line and the lot
line. A fence, vall, or other structure in the nature of a fence
located between the st~eet setback line and the lot line, shall be
perMitted up to four feet in height. Support posts or columns, not
exceeding five feet in height or eighteen inches in width, and
gates and trellises used for pedestrian purposes, not exceeding
eight feet in height or five feet in width, shall be permitted.
(b) Fences beyond setback line.
( 1) Front yards and street side yards. A fence,
wall, or other structure in the nature of a fence, located beyond
the street setback line in a front yard or other street side yard
shall not exceed six feet in height, except that, where a street
setback line exceeds sixteen feet, such fences or walls may be
constructed to within sixteen feet of the lot line.
(2) Interior side y•rds and rear yards. A fence,
vall or other structure in the nature of a fence, located ~yond
the street setback line in an interior side yard or rear yard,
shall not exceed seven feet in height, ex:cept that where a street
setback line exceed~ sixteen feet, s.uch fences or walls ma~r· be
constructed to within sixteen feet of the lot line.
1,.24.030 s,.ctal feace• • heig~t and regulation•· The
following sp.9cial fences are per•itted ,in accordance with thf;.''
regulations contained in each subsection;
(a) Fen(.:es around tennis courts.. Fences not to exceed
twelve feet in height •Y be located ,around tennis c()urts,
badainton courts, basketball or volley ball courts and similar
play areas, providing that all parts of the fence over six feet
are •de of open wire construction of galvanized steel or other
corrosion resistant uteria.l, and that the· fences are· behind the
zoning setba~k line.
(b) School fences. SChool play areas may be fenced to
the street line, provided that the fence is ude of open wfl:'e
construction and does not exceed ten feet i" hel9ht ..
(c) Security fences. Fences not to exceed eight feet in
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height •ay be located around industrial, aanufacturing, or
research uses where required for security purposes, screening, or
containing hazardous •aterials.
16.24.040 Peace• •~ iDtereectioaa. A fence, wall or
~tructure in the nature of a fence located at the intersection of
any street iaproved for vehicular traffic, shall not exceed three
feet in height above the adjacent curb grade, within a triangular
area foraed by the curb lines, and their projection, and a line
connecting the• at points thirty-five feet from the intersection
of the projected curb lines ..
16.24.050 reoces oo residential lots abutting frontage
roads. Where residential properties abut frontag~ roads,
railt~oad rights-of-way, industrial or commercial areas, or public
property other than a public street, fences of solid board or
similar materials aay be constructed to a height not to exceed
eight feet. The height of sue~ fences behind a sixteen foot
setback line shdll be measu~ed from natural grade.
16.24.060 Fences on corner lots. Where corner lots are
adjacent to each other with rear yards joining, a six foot fence
is permitted on the street side yard lot line at a point beginning
fifty feet from the radius point of the corner, except that where
a driveway occurs in that area, no fence may be constructed for a
clear distance of twelve feet from the point of intersection of
driveway and property lines. This provision shall not apply to
corner lots whose rear or side yard abuts an interior side yard of
an adjacent property.
16.24.070 Probibited feacea. The following type fences
are prohibited and are a nuisance constituting an unsafe and
unlawful conditioQ, and may be abated pursuant to chapter 9.56:
(a) Barbed wire fences.
(b) All wire, twine or rope feJ'lces consisting of one or
•ore strands of wire, twine or rope less than three feet in height
and ~ithin three feet of any public sidewalk.
16.24.080 Pe~t: fee. No person shall erect, construct
or maintain any fence, wall or structure in the nature of a fence
without first obtaining a perait fro. the building official.· The
permit fee shall be as set forth in the sunicipal fee schedule.
16.24.090 ·vu:i--=es. A variance to any of the ....
requi;:eae>nts of this chapter aay be granted in accordance with
the provisions and procedures set forth in chapters 18.90 ~nd
18.92 of this code, except that no variance may be granted to the
requirements contained in sections 16.24.040 or 16.24.070.
Application sub•ittal require•ents and fees shall be the same as
for a zoning variance application, as set forth in ch~pter 18.90
of this code. and in the aunicipal fee schedule.
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SECTION 2. Section 16.48.050(d) of the Palo Alto Municipal
Code ls,hereby aaended to read:
(d) Fences, in any category of architectural review
board jurisdiction ennueerated in subsections (a) -(c} above.
SECTION 3. Section 18.90.010 of the Palo Alto Municipal Code
is hereby amended to read : ·
18.90.010 Duties of aoaing ~Distr•tor. Subject to
the provisions of this chapter and the ·9eneral purpose and intent
of this title~ the zoning ad~inistrator may grant the foliowin9:
{a) A variance from the site development regulations
(except limitations on resid~ntial density and size of
establishment) and parKing and loading regulations (except those
handicapped parking regulations mandated by state law and
contained in Chapter 18.83.40) applicable within any district
established by this title:
(b) A variance from the special requirements that apply
to site development and parking and loading regulations, {except
provisions which restrict expansion of uses deemed conforming by
virtue of a special requirement} applicable within any district
established by this title. Special require~ents in any district
do not include special provisions and exceptions as set forth in
chapter 18.88 except for the location of accessory buildings;
(c) A variance from the requirements of Title 20;
INTRODUCED: May 18, 1987
PASSED:
AYES:
NOES:
June 1. 1987
Bechtel, Cobb, Fletcher, Klein, Patitucci, Renzel t Sutorius, Wooll~y
None
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ABSTENTIONS: Levy
ABS E.': NT: None
ATTES'r:
~h
APPROVED AS TO FORM:
II I J \'4 /U~A ;~J If, ot-l'J~
Sr. ssistant C1ty Attorney -... ....,
1:G~~'~ ~i~ector of Planning and
Community Environment
&~~ Ofl:tef Building Official
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APPROVED:
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