§ 10-4.406. Walls and Fences.

(a)

Purpose. The purpose of this section is to establish regulations governing the location and maximum height of wall and fences within all zoning districts in order to help maintain compatibility between dissimilar uses.

(b)

Location and Maximum Height.

(1)

No wall or fence shall exceed eight (8) feet in height, unless a higher height is required as a condition of a zone, variance, use permit, development plan review, parcel map, subdivision map, noise mitigation, or other similar action.

(2)

No wall or fence shall exceed forty-two (42) inches within the front and street side yard areas. In the R-1 zone, the street side setback for fences higher than forty-two (42) inches is ten (10) feet.

(3)

All walls and fences shall comply with the clear vision triangle requirements provided in 10-4.404.

(c)

Required Walls and Fences.

(1)

Parcels Abutting Property Zoned R-1, R-2, R-3 and Residential P-D. For zones and uses abutting property zoned R-1, R-2, R-3 and Residential P-D walls and fences shall be required as listed in Table 4.4-1 below (even if the properties are separated by an alley).

(2)

Back-up Lot. A minimum seven (7) foot-high solid decorative masonry wall shall be required along the rear yard property line of any single family residential lot that backs up to an arterial street or expressway where vehicular access to the street is not allowed.

Table 4.4-1 Fence and Wall Requirements

Uses	Minimum Height (in feet)	Type of Fence or Wall
NEXT TO R-1 ZONE
Multi-family Development with fifteen (15) or more dwelling units	6	Solid decorative masonry wall 1, 2
NEXT TO RESIDENTIAL ZONE
Church	6	Single board fence with decorative masonry pilasters
Church-Drive Aisles or Parking	6	Double alternating board fence with decorative masonry pilasters
School	7	Solid decorative masonry wall
Modesto Irrigation District Canal or Substation	6	Solid decorative masonry wall 1, 2
Uses in P-O Zone	7	Solid decorative masonry wall
Uses in C-1, C-2, C-3, C-M, M-1, M-2 Zones	8	Solid decorative masonry wall
The masonry wall shall be decorative when it is visible from a public street. Six-foot high fence and wall required as a condition for new development shall be subject to a building permit and meet structural standards approved by the Building Official.

 

(d)

Height Exceptions. Decorative fence features such as entry arbors, posts, caps, pilasters, scalloped pickets, pedestrian gates, and similar features may exceed the maximum height limitations as follows:

(1)

Non-residential walls and fences. Posts, post caps, pilasters, and similar features may extend a maximum of twelve (12) inches above the maximum wall or fence height to accommodate a decorative design.

(2)

Residential walls and fences. Residential walls and fences that include posts, post caps, pilasters, and similar features located in the front yard, street-side yard or public right of way may extend a maximum of six (6) inches above the maximum fence height to accommodate a decorative design.

(3)

Entryway Arbors. One (1) entryway arbor, substantially open and not exceeding a maximum of twenty (20) square feet in total area and eight (8) feet in height is permitted in either a front or street-side yard (whichever yard provides the primary pedestrian access to the main building) as shown on Figure 4.1-5.

Figure 4.1-5

(f)

Wall Materials and Design. Where required to be decorative, masonry walls shall include: a cap treatment, pilasters of sufficient bulk and dimensions to appear in proportion to the height and mass of the wall, and quality finished materials complimentary to the exterior materials of the development. Wall design and materials shall be subject to review and approval by the Director. Required walls shall also be subject to the following requirements:

(1)

Walls shall be constructed using masonry blocks, brick, or concrete;

(2)

Pilasters shall be constructed of materials complementary to those of the wall;

(3)

Pilasters shall be spaced no more than sixteen (16) feet on-center;

(4)

Pilasters shall not be less than twenty-four (24) inches in any dimension at the base and may be square or tapered (narrow at top, wider at base).

(g)

Security Fencing. Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury or discomfort and shall only be permitted for non-residential uses subject to all of the following requirements:

(1)

These materials, excluding electric fences, may be used only at heights of six (6) feet or more. In no event shall these fencing materials protrude into or over the public right-of-way.

(2)

In the C-1 and C-2 and C-3 zones, these fence materials are prohibited along the front and street-side property lines and within the front and street-side yard setback areas, but may be located along the rear or interior side property lines or within the rear or interior side setback areas.

(3)

Electric fences shall only be permitted in the M-1 and M-2 zones subject to a building permit and the following standards:

i.

Electric fences are only allowed around industrial outdoor storage areas or contractor's equipment or storage yard. No electric fence shall be permitted, installed, or used unless it is completely surrounded by a nonelectric fence or wall that is at least six (6) feet in height.

ii.

Electric fences may have a maximum height of ten (10) feet and shall not exceed two (2) feet higher than surrounding nonelectric fence or wall.

iii.

The space between an electric fence and perimeter wall or fence may not exceed twelve (12) inches and shall be kept clean and free of litter, debris, and vegetation.

iv.

Electric fences shall be installed as to be as minimally intrusive as possible. Fences should utilize horizontal electrified wires and minimal vertical support beams.

v.

The energizer for electric fences must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The electric charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in paragraph 22.108 and depicted in Figure of International Electrotechnical Commission (IEC) Standard 60335-2-76.

vi.

The electric fence must also comply with all applicable local and state regulations including California Civil Code Section 835 and the California Building Code, as amended from time to time.

vii.

Electric fences shall be clearly identified with warning signs that read, at minimum, "Danger - Electric Fence" at an interval of not less than thirty (30) feet and at least one (1) sign per side of the area to be fenced. Warning signs shall be placed at each gate and access point, and adjacent to other signs relating to chemical, radiological, or biological hazards.

viii.

Electric fences equipped with monitored alarm systems may require an alarm use permit.

ix.

All applicants issued permits to install or use an electric fence or the property owner who owns the land upon which an electric fence shall be installed shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Modesto and its agents, officers, volunteers and employees from any and all claims, judgments, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence or the installation or maintenance of the electric fence. This indemnification language will be included in the permit application.

(h)

Swimming Pool Fences. Private swimming pools for all residential developments shall provide fencing required by the Health and Safety Code. Swimming pool fences shall not be located in a required front-yard or street side-yard setback.

(i)

Maintenance. Maintenance of any required wall or fence shall be the responsibility of the owner(s) of the property on which the fence is located.

(Ord. No. 3681-C.S., § 2(B), effective 1-11-2018)