A conditional fence permit is required whenever a fence exceeds the standard height limits - over three feet six inches in the front or exterior side yard, or over six feet behind the setback lines. The zoning administrator may approve modest cases without a hearing; larger ones require a public hearing and specific findings.
Santa Cruz Municipal Code Chapter 24.08, Part 7 (Sections 24.08.600 through 24.08.630) establishes the Conditional Fence Permit. Under 24.08.610 a permit is required when a fence between the street and the front or exterior side setback line exceeds three feet six inches, or when a fence behind those setback lines exceeds six feet, except as allowed by 24.12.160(a)(3). Section 24.08.620 lets the zoning administrator approve a permit without a hearing if the fence does not exceed three feet six inches in the front or exterior side yard or eight feet in the rear or interior side yards and meets the findings; taller fences require a public hearing. Section 24.08.630 requires findings that the permit is reasonably necessary for valuable property rights, the fence creates no safety hazard, it is compatible with neighborhood design, it does not dominate the site, it preserves solar access, and it is of sound construction. The city's own Standard List of Conditions of Approval for a Conditional Fence Permit (Planning and Community Development Department) sets the permit terms: the permit authorizes a fence with a stated maximum height per the approved plans, the permit must be exercised within three years, landscaping must be installed and inspected, and the owner must maintain the fence and remove graffiti within seven days. The standards in 24.12.160 cross-reference this permit for any over-height fence, barbed-wire fence, or oversized gate/trellis.
Erecting an over-height or barbed-wire fence without first obtaining a conditional fence permit is a zoning violation enforced by the Planning and Community Development Department, and may require after-the-fact permitting, modification to the allowed height, or removal of the non-compliant portion.
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