23D.08.060 Fences and Other Accessory Structures

A.    Any fence, hedge, gate, pergola, trellis, arbor or retaining wall is subject to the following restrictions when located on a lot in, or on the zoning boundary line of, any residential District.

1.    No fence, or portion of a fence, shall contain strands of barbed or razor wire, nor shall sharp or jagged glass, metal such as, but not limited to razor-spikes, or similar materials be attached to a fence when located on a lot in, or on the zoning boundary line of, any residential District.

a.    No features of this type in an existing fence shall be expanded or repaired.

b.    All existing non-conforming fence features of this type, with an adjusted market value of $1500 or less, shall be removed within one year from the effective date of this section or within one year from the date such feature became non-conforming, whichever date is earlier.

c.    All existing non-conforming fence features of this type, with an adjusted market value of more than $1500, shall be removed within two years from the effective date of this section or within two years from the date such use became non-conforming, whichever date is earlier.

d.    For purposes of this ordinance, the adjusted market value of the existing non-conforming fence feature shall be calculated as follows:

i.    The "original cost" of the fence feature shall be calculated by reference to the likely cost of substantially similar fence features at the time the fence feature was initially installed plus the likely costs of installation at that time.

ii.    The "original cost" shall be reduced by 10% for each year since the fence feature was installed, until the year that this ordinance becomes effective. This reduced cost shall be considered the "adjusted market value."

e.    Where the property owner demonstrates that the period of time established in subsections b and c would be unreasonable as applied to a particular fence feature, the City may extend the period within which removal of such feature would be required, after weighing the harm to the public interest from continued maintenance of the fence and other relevant factors. Any such determination may be made in the course of the proceedings to abate pursuant to Berkeley Municipal Code Chapter 1.24.

2.    No fence or other unenclosed accessory structure located on a property line or within the required yard area for a main building set forth in each residential District’s provisions may exceed six feet in height at any point (or, in the case of the ES-R District four feet), unless so authorized by an AUP. The height of any such fence or structure shall be determined by measuring the vertical distance from the lowest existing grade point within a three foot radius of any point of such fence or structure, to the highest point of such structure.

B.    No unenclosed accessory structure may be placed on the ground within a required setback, including but not limited to, solar energy equipment, ground or pole-mounted satellite dishes, play structures, skateboard ramps, tree houses and windmills, unless so authorized by an AUP.

C.    In the case of an unenclosed hot tub, jacuzzi or spa, whether located within or beyond a required setback, an AUP shall be required, and any pump shall be mounted and enclosed so that its sound is not audible over a property line of an adjacent lot. (Ord. 6771-NS § 2, 2003: Ord. 6478-NS § 4 (part), 1999)