Sec. 10-2.805. Fences, walls, hedges, and screening.

(a)    The requirements for fences, walls, hedges, and screening are to ensure that they:

(1)    Meet public safety standards considering all forms of multi-modal transportation, including, but not limited to, automobiles, bicycles, and pedestrians, as defined herein and by City Council resolution;

(2)    Provide adequate buffering between different land uses;

(3)    Screen outdoor uses and equipment; and

(4)    Are attractively designed.

(b)    The provisions of this section apply to all fences, walls, hedges, and screening, except as provided by this section.

(c)    The following fences, walls, and screening are exempt from the requirements of this section:

(1)    Fences, walls, or screening required by the City for reasons of public safety, or by the regulations of a State or Federal agency; or

(2)    Retaining walls that are regulated by Section 10-2.804 (Setback measurement and exceptions).

(d)    The requirements of this section may be modified by the Community Development Director through a minor variance pursuant to Title 10, Chapter 2, Article 25 (Minor Variances).

(e)    Hedges. As living plants providing environmental benefits and separation, screening, and buffering purposes, hedges shall be regulated under the standards set forth in this subsection, distinct from the requirements applicable to fixed, artificially constructed fences, walls, and screening. Hedges cannot be planted, maintained, or subjected to failed maintenance in a manner that creates any of the following situations:

(1)    A public safety hazard;

(2)    A nuisance;

(3)    Is injurious to the public’s health or safety;

(4)    Encroaches upon the public right-of-way; or

(5)    Significantly negatively impacts the intersection visibility area required for public safety standards compliance in the judgment of the Community Development Director, as set in Section 10-2.803 (Height measurement and exceptions) and by City Council resolution.

(f)    Fences, walls, and screening shall comply with the following requirements:

(1)    Fences, walls, and screening shall not exceed the maximum heights shown in Table 3-3.

Table 3-3

MAXIMUM HEIGHT OF FENCES, WALLS, AND SCREENING

(2)    Fence, wall, or screening height shall be measured from finish grade at the base of the fence, wall, or screen to the uppermost part of the fence, wall, or screen; except when there is a difference in the ground level between two (2) adjoining parcels of two (2) feet or more, in which case fence, wall, or screen height shall be measured from the finished grade on the higher side of the fence, wall, or screen, provided no fence, wall, or screen shall exceed a total height of seven (7) feet measured from the higher side of the fence, wall, or screen. For example, an interior side property line with a difference in grade of one foot zero inches would be allowed to construct a six (6) foot fence on the low side, and a six (6) foot fence with a retaining wall of one foot for a total height of seven (7) feet on the high side. In order to build a fence, wall, or screen higher than this allotted height, a minor variance (Title 10, Chapter 2, Article 25 (Minor Variances)) or variance (Title 10, Chapter 2, Article 26 (Variances)) would first be required.

(3)    A fence, wall, or screen including more than one design material shall not exceed the maximum height pursuant to this section. For example, within the front yard area a stone wall two (2) feet in height may include a two (2) foot high wrought iron fence on top of the wall. The combination of design materials shall not exceed the maximum height limit established by this section.

(4)    The maximum height of a fence, wall, or screen may vary by an amount not to exceed six (6) inches to accommodate grade changes, provided that in no event shall the average height of such fence, wall, or screen exceed the maximum height established by this section.

(g)    Fence, wall and screening design standards.

(1)    To ensure the most direct and safe access routes for pedestrians walking between a neighborhood-serving commercial development and the neighboring dwelling units, an appropriate number of openings in the fences, walls, or screening dividing those land uses shall be provided, subject to the approval of the Director.

(2)    Fences, walls, and screening shall be constructed of attractive, long-lasting materials (e.g., masonry, wood, or stone). Masonry walls shall not consist exclusively of smooth-surfaced concrete masonry units (CMUs); the use of textured or split-face CMUs is strongly encouraged. Walls shall be of a solid masonry construction and be of a decorative design when visible from public rights-of-way.

(3)    The use of chain-link fencing is not permitted, unless a minor conditional use permit is approved pursuant to Title 10, Chapter 2, Article 24 (Conditional Use Permits).

(4)    The use of barbed-wire or razor-wire fencing is not permitted, unless a conditional use permit is issued pursuant to Title 10, Chapter 2, Article 24.

(5)    The height of fences, walls, and screening in intersection visibility areas located on corner lots in all districts shall be limited to the standards in Figure 3-2 of Section 10-2.803 (Height measurement and exceptions) and Table 3-3 of Section 10-2.805 (Fences, walls, hedges, and screening). The maximum height of a wall, fence, or screening may be increased for rear and side areas pursuant to the height limitations of this section, if the Community Development Director determines in writing with justification that no visibility and traffic safety concern is present. The determination shall be provided as part of the Zoning Clearance permitting process for new fences, walls, and screening provided in Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), and this section.

(6)    Through the Zoning Clearance permitting process for new or replacement fences, walls, or screening, the Community Development Director may approve additional height for a proposed new or replacement fence, wall, or screening in the front setback, if the Community Development Director determines, in writing with justification, that additional height in the front setback, up to six (6) feet is necessary, on a defined, term limited temporary basis, to protect public health and safety, to buffer adjacent conflicting land uses, or to ensure safety and preservation of the public’s peace and welfare by ensuring safe confinement of dogs and other animals present on the property.

(h)    Walls required between different zoning districts. Walls shall be provided and maintained between different zoning districts in the following manner:

(1)    Nonresidential or multifamily.

(A)   Where a nonresidential or multifamily zoning district adjoins property in a residential zoning district (other than a public right-of-way or the village mixed-use district), a six (6) foot high solid masonry wall shall be constructed on the zone boundary line, subject to the approval of the Director a zoning clearance pursuant to Title 10, Chapter 2, Article 19 (Zoning Clearances).

(B)   The Commission may waive or modify the requirement for a zone boundary line wall in compliance with subsection (j) below and the height requirement that would allow the wall(s) to be constructed higher than six (6) feet if the viewshed would not be impacted.

(2)    Where property in an industrial zoning district adjoins property in a non-industrial zoning district, a solid masonry wall, a minimum of six (6) to seven (7) feet in height, shall be constructed on the zone boundary line, subject to a zoning clearance pursuant to Title 10, Chapter 2, Article 19 (Zoning Clearances).

(i)     Swimming pools/spas and other similar water features shall be surrounded by a fence, wall, or solid screen in compliance with the City’s adopted Uniform Building Code, and such fencing shall comply with the applicable standards of Sections 10-2.803 (Height measurement and exceptions). 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls. hedges, and screening).

(j)     This subsection establishes standards for the screening, separating, and buffering of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas by walls, fences, and screening.

(1)    General design guidelines.

(A)   Project design should ensure the highest level of compatibility between adjoining land uses and zoning districts, to minimize the need for screening and buffering.

(B)   The use of appropriately enhanced setbacks, fencing, landscape plantings, and other design techniques can assist in softening building forms and minimizing the need for screening and buffering as required by this subsection.

(2)    Mechanical equipment, loading docks, and refuse areas.

(A)   Roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation, and exhaust ducts, transformers), loading docks, refuse storage areas, and utility services shall be adequately screened from the view from adjoining public streets and rights-of-way, and surrounding areas zoned for residential or open space uses, by fences, landscaping, walls, screening, or other methods pursuant to Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls, hedges, and screening).

(B)   The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style.

(C)   Landscaping shall be installed adjacent to the fence, walls or screening, at the discretion of the Director, in compliance with Title 10, Chapter 2, Article 12 (Landscaping Standards).

(k)    Outdoor building and garden supply areas shall be screened with fencing, landscaping, meshing, walls, screening or similar material to minimize visibility of the storage area from the public rights-of-way.

(l)     Zoning clearance required for new or replacement fences, walls, or screening. Prior to the installation of any new or replacement fence, wall, or screening, the property owner or representative must apply to the City for a Zoning Clearance under Title 10, Chapter 2, Article 19 (Zoning Clearances). A Zoning Clearance for a fence, wall, or screening shall be a ministerial permit issued by the Community Development Director upon a finding that a proposed fence, wall, or screen complies with all applicable provisions of Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), this section, and the Ojai Municipal Code. Existing legal nonconforming fences, walls, and screening may be repaired, but not replaced, in compliance with the requirements of Section 10-2.1315.

(m)   The Community Development Director shall promulgate an application form for this permit, which shall include a requirement that each applicant for a fence, wall, or screening demonstrate having provided written notice to all adjoining property owners of the proposed fence, wall, or screening.

(n)    The City Council establishes a fifty dollar ($50.00) fee for this permit, subject to change by City Council resolution.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 3, Ord. 910, eff. December 10, 2020, and § 23, Ord. 941, eff. November 10, 2023)