Ordinance 1978-25ORDINANCE NO. 78-25
AN ORDINANCE OF THE CITY OF GILROY AMENDING
SECTION 6.6 AND 6.7 OF THE GILROY CITY CODE
RELATING TO FENCES.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Section I: Section 6.6 and 6.7 of the Gilroy City Code are
hereby amended to read as follows:
Sec. 6.6 Definitions
(a) Fence and Wall
A fence or wall is a vertical barrier which supports no
load other than its own weight and which is designed to
delineate an area or limit access or visibility into such
area..
(b) Hedge
A hedge consists of plants, trees, or shrubs planted in
a continuous line to form a dense thicket or barrier. For the
purpose of this ordinance, a hedge is a fence.
(c) Sound Wall
A sound wall is constructed of Such materials as concrete
block, brick, stone, concrete, stucco or specially designed
plywood barriers.
(d) Retaining Walls
Retaining walls are designed to carry all lateral and
vertical loads imposed upon them. They must be designed by
a California State Licensed Engineer or architect who is
qualified to do this type of design work or conform to standards
available at the building department.
(e) Wire Mesh Fencing
Wire mesh fencing is fence material which derives its
strength from metal strands crossing in a regular pattern.
Wire mesh fencing includes, but is not limited to, those
materials known as chain-link, cyclone and mesh fencing
designed to contain animals, but does not include ornamental
iron fencing.
Sec. 6.6-1 Where Installation is Required
(a) For single family residential subdivision lots less than
10,000 square feet in size, the developer shall enclose each rear
yard with an acceptable six (6) foot high fence except where the
Architectural and Site Committee determines that the building
design or layout provides adequate privacy.
ORDINANCE NO. 78-25
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(b) Commercial and industrial development abutting any
residential zone or existing residential use shall install a
six (6) foot high sound wall or acceptable substitute along
such interface, except the sound wall shall not extend into
the required front yard area for the adjacent residential zone.
(c) Ail storage of junk, scrap, or waste shall be screened
from public view with a six (6) foot high fence or an acceptable
alternate approved by the Architecture and Site Committee.
(d) Swimming pools shall be enclosed by a fence or wall
not less than four (4) feet in height; openings in these fences
or wall~ shall be such that a sphere four (4) inches in diameter
cannot pass through; all gates in these fences shall be self-
closing, self-latching, and lockable. Yard fencing meeting
these requirements will satisfy this provision.
(e) When a retaining wall 30" or more high is installed either
a guardrail or fence 42" high must be installed on top of the wall
or a 5' wide planter which discourages and inhibits foot traffic
must be placed along the upper edge of the wall.
Sec. 6.6-2 Location and Height
Except in the following situations, fences and hedges are
permitted up to six (6) feet in height, measured from the finished
grade on the higher side of the fence:
(a) Fences or walls higher than three (3) feet shall not be
built within the required front yard area as established by the
Zoning Ordinance.
(b) Where a fence is built upon or in conjuction with a
retaining wall on a side or rear property line, the maximum
height of the retaining wall shall be three (3) feet. No addi-
tional retaining walls may be constructed within five (5) feet of
the first wall; the maximum height of any additional retaining
wall shall be six (6) feet.
(c) Fences, hedges or other visual obstructions shall not be
over three (3) feet high above the sidewalk on a residential corner
lot within a triangle formed by the street lines and a line
connecting those lines from points thereon which lie thirty (30)
feet from the intersection of the streetlines.
(d) In the case where a corner lot abuts an alley or key
lot, a fence shall not be higher than three (3) feet above the
sidewalk within the ten (10) foot side yard setback for the side
yard of a corner lot.
(e) Fences located in the rear yar'd which abuts an alley
may be seven (7) feet high.
(f) Fences which enclose tennis courts or other game areas
located in the rear half of a parcel ma~ with the approval of the
Architectural and Site Committee, be ten (10) feet high provided
that all portions of the fence exceeding six (6) feet in height
are designed so as not to obstruct vision.
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ORDINANCE NO. 78-25
Sec. 6.6-3 Materials
(a) Barbed wire fences, except for security fences in indus-
trial and commercial areas, shall not be installed within the
City without the approval of the Architectural and Site Approval
Committee.
(b) Electric fences of any kind shall not be installed within
the City.
(c) Fence or wall material shall be of a high grade fencing
material acceptable to the Architectural and Site Committee.
(d) Chain link fences shall not be installed in front yards
in residential zones.
Sec. 6.7 Permitt Application, Diagram, etc.
No fence shall be erected in the City without a permit first
obtained from the building inspector of the City. The application
for the permit shall show the location of the fence on a sketch,
diagram, or plat of the property on which it is to be erected or
placed, and the location and designation of the buildings thereon.
It shall also show the type, materials, height and, if a
retaining wall over three (3) feet high, the engineered plans
and calculations prepared or approved by a California State
Licensed Engineer or architect. The proposed fence shall not
detract from the neighborhood and shall be an acceptable
improvement.
Any person who wishes to construct a fence contrary to the
provisions of this article must first obtain approval from the
Architectural and Site Approval Committee as provided in the
Zoning Ordinance.
Where other OrdinanCes of the City of Gilroy are in conflict
with this Section, the more restrictive section shall apply.
Section II: Ail Other ordinances and parts of ordinances in
conflict herewith are hereby repealed.
Section III: This ordinance shall take effect and be in full
force thirty (30) days from and after its adoption and approval.
PASSED AND ADOPTED this 17th day of July, 1978, by the following
vote:
AYES:
COUNCILMEMBERS: CHILDERS, CUNNINCHAM, HUGHAN,
LINK, PATE, STOUT and GOODRICH
NOES:
COUNCILMEMEBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
AP-P~ROV. ED:
~~ NO~~78~flty. _~, ,' -3-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 78-2§ is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 17th day of Ouly , 19 78 , at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
officia~ seal of the City of Gilroy, this 18th day of
~ty Cl~rk of the Cit(/ of Gi~l-roy ~.
(Seal)
Jul,y _, 1978 ·