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Art. 11.E.9.C, Minimum Safe Sight Distance
and Corner Clips at Intersection
.
Fences or walls in any zoning
district, shall not be electrified or contain any substance such as broken
glass, spikes, nails, barbed wire, razors, or any other dangerous material
designed to inflict discomfort, pain, or injury to a person or animal, except
as allowed below. [Ord. 2010-005] [Ord. 2011-001]
1) Barbed Wire Exceptions and Regulations
The use of barbed wire
is prohibited except in instances as detailed below. The County recognizes that
barbed wire may be necessary to secure certain non-residential uses or
structures. Therefore, the County allows the installation of barbed wire
on
top of the fence or wall
, subject to
the following:
[Ord.
2005-002] [Ord. 2010-005] [Ord. 2011-001]
[Ord. 2017-007]
a) Allowable Uses
for Barbed Wire
(1) Commercial
Communication Towers [Ord. 2017-007]
(2) Electric Power
Facilities; [Ord. 2017-007]
(3) Electric
Transmission Facility; [Ord. 2017-007]
(4) Minor Utility; [Ord. 2017-007]
(5) Prisons; [Ord. 2017-007]
(6) Solid Waste
Transfer Stations; [Ord. 2017-007]
(7) Water or
Wastewater Treatment Plant; and,
[Ord.
2017-007]
(8) Zoo. [Ord. 2017-007]
(9) Except when
located adjacent to a parcel having a residential FLU designation, residential zoning
district, or residential use,
barbed
wire
that is not visible from any public street, may be installed with
the following uses: [Ord. 2017-007]
(a) Contractor
Storage Yard; [Ord. 2017-007]
(b) Salvage or
Junk Yard; [Ord. 2017-007]
(c) Self-Service
Storage; [Ord. 2017-007]
(d) Sugar Mill or
Refinery; and, [Ord. 2017-007]
(e) Towing Service
Storage. [Ord. 2017-007]
(10) Bona Fide
Agriculture use located in AGR, AP, and AR Zoning Districts; and AGR-PDD
Preserve Parcels. When Bona Fide Agriculture is located in the AR Zoning
District other than nurseries,
barbed
wire
shall be set back a minimum of 25 feet from any property line. [Ord. 2017-007]
(11) Properties with
a conservation FLU designation, for the purposes of protecting publicly-owned
natural areas;
[Ord. 2005-002] [Ord.
2010-005] [Ord. 2011-001]
(12) Properties
where the owner can document a valid Development Permit for the use of barbed wire; [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
(13)
The Zoning Director shall have the authority to allow the
installation of barbed wire for any uses pursuant to
Art. 4.B, Use Classification
, when the Applicant demonstrates a need to
comply with Federal, State, or Local Government regulations. In support of the
barbed wire installation, the Zoning Director may require the Applicant to
perform mitigation in order to address compatibility with adjacent properties
or visibility from adjacent street right-of-way; and, [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
(14) A removal
agreement shall be executed to remove the barbed wire, prior to issuance of a Building Permit. This
agreement shall require the removal of the barbed wire in the event the use changes to another use not
allowed in the list above.
[Ord.
2017-007]
b) Standards
(1) Height
The barbed wire
shall not exceed 20 percent of the overall permitted height of the fence or
wall or two feet whichever is less.
[Ord.
2017-007]
(2) Height Exemption
Bona Fide Agriculture, Prisons, and other uses as authorized by
the Zoning Director pursuant to provisions in Art. 5.B.1.A.2.e.1)a)(13),
shall be permitted to exceed the 20 percent provision.
The calculation of the overall height of a fence or wall is inclusive of
any barbed wire.
[Ord. 2005-002]
[Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
2)
Electrified Fences –
Exceptions and Regulations
The use of electrified
fences is prohibited except in instances as detailed below. The County
recognizes that electrified fences may be necessary to secure certain non-residential
uses or structures. Therefore, the County allows the installation of
electrified fencing, subject to the following: [Ord. 2013-018]
a) Allowable Uses for Electrified Fences
Electrified fences
shall only be allowed for the following uses: [Ord. 2013-018]
(1) Commercial uses, as follows: [Ord. 2013-018]
(a) Auction, Outdoor; [Ord. 2013-018]
(b) Contractor Storage Yard; [Ord. 2013-018]
(c) Flea Market, Outdoor; [Ord. 2013-018] [Ord. 2017-007]
(d) Landscape Service; [Ord. 2013-018]
(e) Laundry Services; [Ord. 2013-018]
(f) Marina;
[Ord.
2017-007]
(g) Parking, Commercial; [Ord. 2013-018] [Ord. 2017-007]
(h) Repair and Maintenance, Heavy; [Ord. 2013-018] [Ord. 2017-007]
(i) Self-Service Storage, Limited Access; [Ord. 2013-018] [Ord. 2017-007]
(j) Self-Service
Storage, Multi-Access;
[Ord. 2017-007]
(k) Towing Service and Storage; [Ord. 2013-018] [Ord. 2017-007]
(l) Vehicle Sales and Rental, Light; and, [Ord. 2013-018] [Ord. 2017-007]
(m) Vehicle or
Equipment Sales and Rental, Heavy.
[Ord. 2017-007]
(2) Institutional, public,
and civic uses, as follows:
[Ord.
2013-018] [Ord. 2017-007]
(a) Airport; and [Ord. 2013-018]
(b) Government Services. [Ord. 2013-018]
(3) Recreation uses, as follows: [Ord. 2013-018]
(a) Zoo.
[Ord.
2013-018] [Ord. 2017-007]
(4) All uses listed as agricultural uses in
Art. 4.B.6.A, Agricultural Use Matrix
.
[Ord.
2013-018]
[Ord. 2017-007]
(5) All uses listed under the utility Use
Classification in
Art. 4.B.7.A, Utility Use Matrix
.
[Ord.
2013-018]
[Ord. 2017-007]
(6) All uses listed under the excavation Use
Classification in
Art. 4.B.10.A, Excavation Use Matrix
.
[Ord.
2017-007]
(7) All uses listed as industrial uses in
Table 4.B.5.A, Industrial Use Matrix
.
[Ord.
2013-018]
(8) Accessory Outdoor Storage in accordance with
Art. 5.B.1.A.3, Outdoor Storage and
Activities
. [Ord. 2013-018]
(9) Properties with a conservation FLU
designation, for the purposes of protecting publicly-owned natural areas. [Ord. 2013-018]
(10) To secure permanent mechanical equipment except
on individual residential lots. [Ord. 2013-018]
(11) The Zoning Director shall have the authority to
allow the installation of electrified fences for any uses pursuant to
Art. 4.B, Use Classification
, when the Applicant demonstrates a need to
comply with Federal, State, or Local Government regulations. The Zoning
Director may require the Applicant to perform mitigation in order to address
compatibility with adjacent properties or visibility from adjacent street
right-of-way. [Ord. 2013-018]
(12) An agreement to remove an electrified fence
shall be executed prior to issuance of a Building Permit. The agreement shall
require removal of the electrified fence if the use changes to other than an
allowable use listed above. [Ord. 2013-018]
b) Standards
Electrified fences
shall be installed, operated, or maintained in compliance with the following:
[Ord.
2013-018]
(1) Technical
Standards
All electrified fences
are subject to permitting and review by the Building Division and shall be
designed, installed, operated, and maintained in a manner not to be injurious
to individuals. [Ord. 2013-018]
(2) Exterior Non-Electrified
Fence or Wall
Electrified fences and
gates shall be attached to the interior of, or completely surrounded on the side
facing the property exterior, by a non-electrified fence or wall that meets the
following requirements: [Ord. 2013-018]
(a) Minimum of six feet in height; [Ord. 2013-018]
(b) The separation between the exterior,
non-electrified fence, or wall and the electrified fence shall be a minimum of
four inches and a maximum of eight inches;
[Ord.
2013-018]
(c) When adjacent to or within 50 feet of a parcel
of land with a residential FLU designation or use, the non-electrified fence
shall include a solid material that will screen the electric fence from view
and prevent a person from being able to penetrate the non-electrified fence;
and, [Ord. 2013-018]
(d) Exterior fences such as chain link shall have
openings no larger than two and three-eighths inches. [Ord. 2013-018]
(3) Public Warning
Signage
Provide and maintain
signage, subject to prior review by the Building Division, which satisfies the
intent of the requirements contained in ISO-3864 or a current equivalent
internationally accepted standard, and that such signage be placed within ten feet
of all corners, not more than 45 feet apart, so as to be plainly visible. Exceptions
to screening or landscaping requirements may be permitted where necessary to
ensure visibility of signage. [Ord. 2013-018]
(4) Height
The maximum height of
an electrified fence and any attachments shall not exceed the height of any
required exterior non-electrified fence or wall, or other required screening,
by more than a maximum of two feet in height. Any portion of an electrified
fence that exceeds the height of the non-electrified fence shall be limited to
a maximum of two horizontally placed strands per vertical foot, a maximum of
12.5 gauge in diameter, with attachments spaced not less than 20 feet on
center, excluding gates. [Ord. 2013-018]
(5) Location,
Landscaping, or Screening
(a) Within Required
Setbacks
Electrified fences
shall not be permitted within any required setback or within 50 feet from
property lines, whichever is greater, unless the perimeter landscape buffer is
in compliance with
Art. 7, Landscaping
, unless stated otherwise herein. [Ord. 2013-018]
(b) Within 50 Feet of
Any Property Line
Any electrified fence
located within 50 feet of any property line (excluding within a required perimeter
buffer) and abutting a non-conforming landscape buffer, shall be screened from
view by landscaping, fences, walls, or buildings, excluding the top two feet. [Ord. 2013-018]
(c) Outdoor Storage
The use of electrified
fences in outdoor storage areas shall only be permitted when in compliance with
the following screening requirements, excluding the top two feet: [Ord. 2013-018]
(1) When
located in non-residential districts, the screening requirements of
Art. 5.B.1.A.3, Outdoor Storage and
Activities
; and [Ord. 2013-018]
(2) When
located in residential districts or for uses which allow outdoor storage by
definition or in another Section, shall be screened from view by landscaping,
fences, walls, or buildings.
[Ord.
2013-018]
(d) Mechanical
Equipment
The use of electrified
fences with mechanical equipment shall only be permitted when in compliance
with the screening requirements of
Art. 5.B.1.A.20, Mechanical Equipment
, excluding the top two feet. [Ord. 2013-018]
(6) Non-Conforming
Dangerous Materials
If a property has non-conforming
dangerous materials in areas that will be secured by the installation of
electrified fences, the dangerous materials shall be removed prior to electrification
or the issuance of a Certificate of Completion by the PBC Building Division for
the electrified fence. [Ord. 2013-018]
(7) URAO, IRO, WCRAO,
and TDD Limitations
(a) Electrified fences shall not be permitted in
any URAO, IRO, or TDD developments constructed with a required build-to-line or
any other area unless located behind buildings and in areas not accessible by
the public.
[Ord. 2013-018] [Ord.
2017-025]
(b) Electrified fences within the WCRAO shall be
prohibited in all Sub-areas except for the UI Sub-area. [Ord. 2013-018]
Outdoor storage of
merchandise, inventory, vehicles and trailers used in operation of a business, equipment,
refuse, or similar materials, and outdoor activities associated with a use
operation in all zoning districts shall be subject to the following standards,
unless stated otherwise: [Ord. 2017-007] [Ord. 2019-039]
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Figure
5.B.1.A – Outdoor Storage
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