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HomeMy WebLinkAboutORD NO 4781ORDINANCE NO. 4781 _ ORDINANCE AMENDING SECTION 17.08.180 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FENCE, WALLS AND HEDGES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.08.180 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.08.180 Fence, walls and hedges Regulations. A. In the R -1, R -2, R -3 and R -4 zones, no fence, wall or hedge located in the rear or side yards shall exceed a height of six feet unless a greater height is required by city or state regulations for noise attenuation or sight screening. On all through lots located in these zones in which the rear lot line abuts a state highway, major highway or secondary highway and is below the grade of the roadway, at the roadway grade, or less than ten feet above the roadway grade, a masonry wall as defined by Section 17.04.462 shall be provided. B. In the R -1, R -2, R -3 and R4 zones, no fence, wall or hedge located in the required front yard shall exceed a height of four feet, except in the following situations, in which such fence or wall may be higher but shall not exceed a height of six feet: 1. Where, as determined by the planning commission, a side yard is adjacent to an arterial or collector street and a higher wall is necessary to finish the required subdivision wall. 2. Where, as determined by the city council, planning commission, or board of zoning adjustment, a higher fence or wall is necessary for purpose of noise attenuation. C. Reserved. D. In the R -I, R -2, R -3 and R -4 zones no barbed or electrified wire shall be used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of any lot, or within three feet of said lines, and ��AKF9 S:\ COUNCIL\ Ords\ 13- 14\ 17 .08.180.FenceWallsHedges2d.docx O "P -- Page 1 of 3 Pages -- � o ORIGINAL no sharp wire or points shall project at the top of any fence or wall less than six feet in height. E. In the C -O, C -C, C -1, C -2, M -1 and M -2 zones no barbed or electrified wire shall be erected, installed, used or maintained or caused to be erected, installed, used or maintained on, in or about any fence, wall or hedge along the front, side or rear lines of any lot, nor shall any barbed wire be erected, installed, used or maintained or caused to be erected, installed, used or maintained, for fencing purposes, or as a barrier across or around any lot, or portion thereof, or around any building or structure upon or along any street, alley or public way, unless the lowest strand of barbed wire is installed not less than six feet three inches above the highest adjoining grade on either side of such fence; where barbed or electrified wire is erected, installed, used or maintained in accordance with this subsection, it shall not extend over or into any abutting property or public right -of -way and shall, in all cases, either extend in toward the owner's side of such fence or directly vertical, subject to approval by the building director. F. In the A zone barbed or electrified wire for agricultural fencing purposes shall be permitted to be erected, installed, used or maintained at locations at least one thousand three hundred feet from any residential area as defined in Section 17.32.020, and not otherwise, subject to approval by the building director. G. Fences constructed prior to September 1, 1983, intended to act as protective enclosures and to make canals inaccessible to small children, are exempted from the restrictions of subsections D, E and F of this section. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --- - - - - -- 000---- - - - - -- S: \COUNCIL \Ords\ 13-14\1 7.08,180.FenceWallsHedges2d.docx -- Page 2 of 3 Pages -- AK469 s � m � r U 0 ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on 1a N 01, 7ou by the following vote: (ZD/'—� 1/ ✓ ✓ ✓ ✓ ✓ V COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ROBERTA GAFFORD, CNIV CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: J'U'N 0 4 2014 By: KEN WEIR VICE -MAYOR APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney LAI *Jn UA H. RUDNICK puty City Attorney JHR:Isc S: \COUNCIL \Ords\ 13 -14\ 17 .08.180.FenceWallsHedges2d.docx -- Page 3 of 3 Pages -- o``�PK�9s T ? m F � U � ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 6th day of June, 2014 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4781, passed by the Bakersfield City Council at a meeting held on the 4th day of June, 2014 and entitled: ORDINANCE AMENDING SECTION 17.08.180 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FENCE, WALLS AND HEDGES. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield B: aJ44��k D City CI rk v � ORIGINAL