Sections:
17.108.010 - Height restrictions on lots abutting property in an RH, RD, or RM zone.
17.108.020 - Different maximum height in certain situations.
17.108.030 - Allowed projections above height limits.
17.108.050, 17.108.060 - Reserved.
17.108.080 - Minimum side yard opposite living room windows.
17.108.090 - Minimum side yard abutting side of property in the RH, RD, RM, RU-1, or RU-2 zones.
17.108.100 - Minimum rear yard abutting any portion of property in any residential zone.
17.108.110 - Reduced rear yard adjacent to alley.
17.108.120 - Minimum court between opposite walls on same lot.
17.108.130 - Exceptions to required openness of minimum yards and courts.
17.108.140 - Fences, dense hedges, barrier, and similar freestanding walls.
17.108.010 - Height restrictions on lots abutting property in an RH, RD, or RM zone.
In the RU, R-80, S-1, S-2, and S-15 zones and all commercial and industrial zones, the following regulations shall apply to every lot therein which abuts any lot located in an RH, RD, or RM zone:
A.
Where Side Lot Line Is Abutting Zone Boundary. Where an interior side lot line of the former lot abuts a RH, RD, or RM zone, no building or other facility shall, except for the projections allowed by Section 17.108.030, exceed thirty (30) feet in height unless each portion above that height is set back there from the inner line of the minimum side yard which is required by Section 17.26.140C or 17.108.090 as applicable, or from the abutting portion of the lot line where such yard is not required, a minimum horizontal distance equal to one foot for each foot by which it extends above that height.
B.
Where Rear Lot Line Is Along Zone Boundary. Where the rear lot line of the former lot abuts an RH, RD, or RM zone, no building or other facility shall, except for the projections allowed by Section 17.108.030, exceed thirty (30) feet in height unless each portion above that height is set back there from the inner line of the minimum rear yard which is required by Section 17.108.100, or is required on every lot by the applicable individual zone regulations, a minimum horizontal distance equal to one foot for each foot by which it extends above that height.
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12376 § 3 (part), 2001: Ord. 12272 § 4 (part), 2000: Ord. 11892 § 5, 1996: prior planning code § 7070)
Editor's note—
Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, changed the title of Section 17.108.010 from "Height restrictions on lots abutting property in the R-1, R-10, R-20, R-30, R-35, R-36, R-40 or R-50 zone" to "Height restrictions on lots abutting property in an RH, RD, or RM zone." The historical notation has been preserved for reference purposes.
17.108.020 - Different maximum height in certain situations.
A.
General Height for Civic Facilities with Increased Yards. On parcels in the RH, RD, RM, RU, CN, CC, CR HBX, M-20, S-15 and OS zones that have a height limit of less than seventy-five (75) feet, a facility accommodating or serving any Civic Activity may, notwithstanding the maximum height prescribed for facilities in general in the applicable individual zone regulations, have a height of up to seventy-five (75) feet upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 if the minimum depth or width, as the case may be, of each front, side, and rear yard, if any, otherwise required is increased for such facility by one foot for each foot by which the facility exceeds the aforesaid maximum height. To the extent allowed by the conditional use permit, the greater height authorized by this subsection may be exceeded by the projections allowed by Section 17.108.030
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12376 § 3 (part), 2001: Ord. 12272 § 4 (part), 2000; Ord. 12078 § 5 (part), 1998; Ord. 11892 § 6, 1996; prior planning code § 7071)
17.108.030 - Allowed projections above height limits.
The height restrictions prescribed for facilities in the applicable individual zone regulations and development control maps and in Sections 17.108.010 and 17.108.020 may be exceeded in accordance with the following table. However, facilities within required minimum yards and courts shall also be subject to the applicable provisions of Section 17.108.130.
| Facilities Allowed Above the Prescribed Height | Restrictions on Facility, or Portion Thereof, Above the Prescribed Height |
||
| Maximum Aggregate Coverage of the Building's Horizontal Area (If on a Building) |
Maximum Vertical Projection Above the Prescribed Height |
Minimum Horizontal Distance from any Abutting Residentially Zoned Lot |
|
| A. Chimneys, ventilators, plumbing vent stacks, water tanks, cooling towers, machinery rooms, and other equipment and appurtenances which are not provided for elsewhere in this section. (For screening around these, see below.) | 10 percent, minus any percentage covered pursuant to subsection B of this section. | 10 feet, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 | 20 feet, except upon the granting of a conditional use permit; but no restriction if the vertical projection above the prescribed height does not exceed four feet. |
| B. Elevator or stair towers; penthouses, excluding those containing any living unit; stage or scenery lofts; skylights and dormer windows; and rooftop fenced or walled spaces which do not qualify elsewhere in this section. | 10 percent, minus any percentage covered pursuant to subsection A of this section. | 12 feet, except upon the granting of a conditional use permit. | 10 feet, except upon the granting of a conditional use permit; but no restriction if the vertical projection above the prescribed height does not exceed four feet. |
| C. Skylights, dormers and gable ends up to 15 feet in width located on principal and accessory Residential Facilities, except accessory facilities permitted in minimum yards or courts pursuant to Section 17.108.130K. | 10 percent, minus any percentage covered pursuant to subsection A of this section. | 10 feet for dormers and gable ends and one foot for skylights, but in all cases, no higher than the maximum height of the roof section on which they are located, except that skylights on a flat roof (slope 1:12 or less) may extend one foot above the roof | 10 feet, except upon the granting of a conditional use permit; but no restriction if the vertical projection above the prescribed height does not exceed four feet. |
| D. Decorative features such as spires, bell towers, domes, cupolas, obelisks, and monuments. | 10 percent, minus any percentage covered pursuant to subsection A or B of this section. | 15 feet, except upon the granting of a conditional use permit. | 15 feet, except upon the granting of a conditional use permit; but no restriction if the vertical projection above the prescribed height does not exceed four feet. |
| E. Fire escapes, catwalks, and open railings required by law. | No restriction. | No restriction. | No restriction. |
| F. Rooftop recreational, observation, seating, outdoor dining, clothesline, and parking facilities, unroofed themselves except for incidental sunshades, wind-screens, and similar devices; rooftop landscaping, other than trees; and unroofed open stairs and rooftop open fencing which do not qualify elsewhere in this section. | No restriction. | 10 feet, except upon the granting of a conditional use permit. | 15 feet, except upon the granting of a conditional use permit; but no restriction if the vertical projection above the prescribed height does not exceed four feet. |
| G. Eaves, awnings, balconies, open stairs, and similar lateral extensions of a building, where the prescribed height is expressed as a ratio to some horizontal setback. | No restriction. | Four feet in the case of Section 17.108.010 and eight feet otherwise. | No restriction. |
| H. Microwave dishes, subject where applicable to the provisions of Section 17.102.240 | No restriction. | Seven (7) feet, except upon the granting of a conditional use permit. | Ten (10) feet, except upon the granting of a conditional use permit. |
| I. Radio and television masts antennas, other than micro-wave dishes. | No restriction. | 15 feet, except upon the granting of a conditional use permit. | Five feet, except upon the granting of conditional use permit. |
| J. Trees; flagpoles; weather vanes; and utility poles and lines. | No restriction. | No restriction. | No restriction. |
| K. Special Signs; and other Signs if flat against the surface of a facility authorized above. | No special restriction, but subject to the regular height and other limitations applicable to Signs. | No special restriction, but subject to the regular height and other limitations applicable to Signs. | No special restriction, but subject to the regular height and other limitations applicable to Signs. |
Any conditional use permit under subsection H of this section shall be subject to the same use permit criteria as are prescribed in Section 17.102.240.
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12376 § 3 (part), 2001: prior planning code § 7075)
(See illustration I-12a.) Whenever fifty percent (50%) or more of the frontage on one side of a street between two intersecting streets is in any residential zone and all or part of the remaining frontage is in any commercial or industrial zone, a front yard with a minimum depth equal to one-half of the minimum front yard depth required in the residential zone shall be provided on every commercially or industrially zoned lot having such frontage. If fifty percent (50%) or more of the total frontage is in more than one residential zone, the minimum front yard depth on the commercially or industrially zoned lots shall be equal to one-half of that required in the residential zone in which the least such depth is required. Such yard shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130. See also, where applicable, the greater yard depth prescribed for certain facilities by Section 17.108.020.
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 7078)
17.108.050, 17.108.060 - Reserved.
Editor's note—
Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, repealed the former Sections 17.108.050 and 17.108.060 in their entirety, which pertained to reduced front yard on steep slopes in residential zones and minimum side yard on street side of corner lot—Residential zones, respectively, and derived from the prior planning code, §§ 7079, 7080; Ord. No. 12376, § 3, adopted 2001; Ord. No. 12406, § 4, adopted 2002; Ord. No. 12872, § 4, adopted 2008; Ord. No. 12955, § 2(Exh. A), adopted July 21, 2009; Ord. No. 12971, § 2(Exh. A), adopted September 22, 2009, and Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010.
(See illustration I-12a.) Wherever any reversed corner lot located in any commercial or industrial zone abuts to the rear a key lot which is in any residential zone, there shall be provided on the street side of such corner lot a side yard with a minimum width of one-half of the minimum front yard depth required on the key lot. Such side yard shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130. See also, where applicable, the greater yard width prescribed for certain facilities by Section 17.108.020, and the special controls prescribed by Section 17.110.040C for detached accessory buildings on such corner lots.
(Prior planning code § 7081)
17.108.080 - Minimum side yard opposite living room windows.
(See illustration I-14.) On each lot containing Residential Facilities with a total of two or more living units, except in the case of a One-Family Dwelling with Secondary Unit, a side yard with the minimum width prescribed hereinafter shall be provided opposite any legally required window of a living room in a Residential Facility wherever such window faces any interior side lot line of such lot, other than a lot line abutting an alley, path, or public park. The side yard prescribed by this section is not required on other lots or in other situations. Such yard shall have a minimum width of eight (8) feet, plus two (2) feet for each story at or above the level of the aforesaid window; provided, however, that such side yard width shall not be required to exceed twelve (12) percent of the lot width in the RU-3, RU-4, RU-5, R-80, CN, CC, C-40, C-45, CBD, S-1, S-2, S-15, and D-KP zones and twenty percent (20%) of the lot width in all other zones, except that in no case shall such side yard width be less than five (5) feet. The side yard required by this section shall be provided opposite the legally required window and opposite that portion of the wall containing such window, or of any extension of such wall on the same lot, for a distance of not less than ten feet in both directions from the centerline of such legally required window, and at and above finished grade or the floor level of the lowest story containing such a window, whichever level is higher. Such yard shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130.
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12971, § 2(Exh. A), 9-22-2009; Ord. No. 12955, § 2(Exh. A), 7-21-2009; Ord. 11892 § 7, 1996: prior planning code § 7082)
17.108.090 - Minimum side yard abutting side of property in the RH, RD, RM, RU-1, or RU-2 zones.
(See illustrations I-6a and I-12b.) Wherever an interior side lot line of any lot located in the RU-3, RU-4, RU-5, CBD-R, S-1, S-2, or S-15 zone or any commercial or industrial zone abuts an interior side lot line of any lot located in the RH, RD, RM, RU-1, or RU-2 zone, there shall be provided on the former lot, along the abutting portion of its side lot line, a side yard with a minimum width of ten (10) feet. (Where it abuts a rear lot line, no yard is required by this section.) This side yard shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130. See also, where applicable, the greater yard width prescribed for certain facilities by Section 17.108.020(A).
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12971, § 2(Exh. A), 9-22-2009; Ord. No. 12955, § 2(Exh. A), 7-21-2009; Ord. 12272 § 4 (part), 2000: Ord. 11892 § 8, 1996: prior planning code § 7083)
Editor's note—
Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, changed the title of Section 17.108.090 from "Minimum side yard abutting side of property in R-1, R-10, R-20, R-30, R-35, R-36, R-40, R-50 or R-60 zone" to "Minimum side yard abutting side of property in the RH, RD, RM, RU-1, or RU-2 zones." The historical notation has been preserved for reference purposes.
17.108.100 - Minimum rear yard abutting any portion of property in any residential zone.
(See illustration I-12b.) Wherever the rear lot line of any lot located in any commercial or industrial zone abuts any portion of any lot located in any residential zone, there shall be provided on the former lot, along the abutting portion of its rear lot line, a rear yard with a minimum depth of ten feet. This yard shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130. See also, where applicable, the greater yard depth prescribed for certain facilities by Section 17.108.020A.
(Prior planning code § 7085)
17.108.110 - Reduced rear yard adjacent to alley.
In all zones, wherever a rear lot line abuts an alley, one-half of the right-of-way width of the alley may be counted toward the required minimum rear yard depth; provided, however, that the portion of the minimum rear yard depth actually on the lot itself shall not be so reduced to less than ten (10) feet in the RH, RD, and RM zones, nor to less than five feet in any other zone.
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 7086)
17.108.120 - Minimum court between opposite walls on same lot.
(See illustration I-15.) On each lot containing Residential Facilities with a total of two or more living units, except in the case of a One-Family Dwelling with Secondary Unit, courts with the minimum depths prescribed below shall be provided in the cases specified hereinafter between opposite exterior walls, or portions thereof, of the same or separate buildings on such lot. Courts are not required on other lots or in other situations. The aforesaid walls shall be considered to be opposite one another if a line drawn in a horizontal plane perpendicularly from any portion of any of the legally required windows referred to hereinafter, or from any point along the wall containing such window, or any extension of such wall on the same lot, on the same story as and within ten (10) feet in either direction from the centerline of said legally required window, intersects the other wall. The courts required by this section shall be provided opposite each of the legally required windows referred to hereinafter and along the wall containing such window, and along any extension of such wall on the same lot, for not less than ten (10) feet in both directions from the center line of such legally required window, and at and above finished grade or the floor level of the lowest story containing such a window, whichever level is higher. Such courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130.
A.
Legally Required Living Room Windows in Either or Both Walls. If either or both such opposite walls contain any legally required window of any living room in a Residential Facility, a court shall be provided between such walls with a minimum horizontal depth equal to the height of the wall opposite such window, or the height of the higher of such opposite walls where both walls contain such a window; provided, however, that in no case shall the horizontal depth of such court be less than eighteen (18) feet nor be required to exceed fifty (50) feet. For the purpose of computing the minimum depth of such court, the aforesaid height of wall shall be measured above finished grade or above the floor level of the lowest story of the opposite wall containing such a window, whichever level is higher.
B.
Other Legally Required Windows in Both Walls. If both such opposite walls contain legally required windows of any habitable rooms, other than living rooms, in a Residential Facility, a court shall be provided between such walls with a minimum horizontal depth of twelve (12) feet.
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 7087)
17.108.130 - Exceptions to required openness of minimum yards and courts.
Every part of each required minimum yard and court shall be open and unobstructed from finished grade, or where applicable from such other specified level at which the yard or court is required, to the sky except for the facilities allowed in the yard or court by the following table. Furthermore, in no case shall more than fifty percent (50%) of the horizontal area of any required minimum rear yard be covered by any facilities, other than trees, which extend more than six (6) feet above the level at which the rear yard is required. Wherever a yard is required only for a particular facility, it may be provided at the level of the lowest story containing such facility; provided that where such facility is a Residential Facility, such level shall be that of the lowest story, or portion thereof, containing any living unit. Where the height of facilities within minimum yards or courts is not specifically further limited by the following table, the facilities shall conform to the regular height restrictions, if any, applicable to facilities where they are located. Facilities within minimum yards and courts shall also be subject to any applicable screening requirements or other controls prescribed by the buffering regulations in Chapter 17.110 or by the pertinent development control maps or individual zone regulations, which in some zones require that minimum front yards, or side yards on the street side of a corner lot, be landscaped.
| Facilities | Allowed Projection Into or Location Within Minimum Required Yard or Court, Subject to the Further Restrictions Indicated in
This Section's First Paragraph (Blanks indicate that facility is not allowed.) |
||||
| Front Yard | Side Yard on Street Side of Corner Lot | Side Yard Along Interior Side Lot Line | Rear Yard (But see coverage limit in first paragraph.) |
Court | |
| A. Eaves; awnings, louvers, and similar shading devices; sills, cornices, and chimneys; and similar architectural projections from a building | Four (4) feet into above yard. | Four (4) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Two (2) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Four (4) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Two (2) feet into court. |
| B. Patio roofs and similar structures projecting from and serving a Residential Facility, if such structures do not exceed twelve (12) feet in height above the level of the required yard or court and if each has open, unwalled sides along not less than fifty percent (50%) of its perimeter. (If less open, see subsection K.) | Four (4) feet into above yard. | Four (4) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Two (2) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Any distance into above yard. | Two (2) feet into court. |
| C. Breezeways and similar roofed passageways projecting from and serving a Residential Facility, if they do not exceed twelve (12) feet in height above the level of the required yard or court and eight (8) feet in width and if they are not enclosed on the sides. (If wider or less open, see subsection K.) | Four (4) feet into above yard. | Four (4) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Two (2) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Any distance into above yard. | Two (2) feet into court. |
| D. Bay windows located above the first story of a building, if the aggregate width of bay windows on any one story does not exceed fifty percent (50%) of the length of the wall containing them; if no individual bay window exceeds fifteen (15) feet in width; and if all such windows are cantilevered only. | Three (3) feet into above yard, though not to within five (5) feet of the front lot line for One- or Two-Family Residential Facilities. | Three (3) feet into above yard, though not to within five (5) feet of the front lot line for One- or Two-Family Residential Facilities. | Five (5) feet into above yard. | ||
| E. Balconies, decks, and similar structures projecting from and serving Residential Facility and having a height, including railings, of more than six (6) feet above the level of the required yard or court, but excluding corridors and similar facilities providing access to two or more living units; provided that such structures are cantilevered or supported by necessary columns; and further provided that such structures are unroofed, except that a balcony or deck projecting from a higher story shall not be deemed a roof. | Six (6) feet into above yard, though not to within five (5) feet of the front lot line for One- or Two-Family Residential Facilities. | Five (5) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Five (5) feet into above yard, though not to within five (5) feet of interior side lot line; but may extend any distance if they meet the same provisos as stated in subsection K. | Six (6) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | |
| F. Exterior access facilities which lead to the second or higher story of a building, including open or enclosed fire escapes and open, unroofed fireproof outside stairways, landings, exterior corridors, and wheelchair ramps. | Four (4) feet into above yard. | Four (4) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | Any distance into above yard if they meet the same provisos as stated in subsection K (not allowed otherwise). | Four (4) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K. | |
| G. Unroofed porches, steps, and wheelchair ramps and other similar raised structures projecting from a building and having a height, including railings, of not more than six (6) feet above the level of the required yard or court. | Eight (8) feet into above yard; but may extend any distance if they are required to accommodate wheelchair ramps or similar ADA access facilities. | Eight (8) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K or if they are required to accommodate wheelchair ramps or similar ADA access facilities. | Eight (8) feet into above yard, but may extend any distance if they meet the same provisos as stated in subsection K or if they are required to accommodate wheelchair ramps or similar ADA access facilities. | Any distance into above yard. | Anywhere in court. |
| H. Open storage of boats, trailers, appliances, miscellaneous equipment, and similar materials, including areas for temporary storage of waste or used materials. (See also subsection I.) | Anywhere in above yard, provided that in all commercial and industrial zones the height of such storage shall not exceed five and one-half (5½) feet within a horizontal distance of ten (10) feet from any abutting residentially zoned lot. | Anywhere in above yard, provided that in all commercial and industrial zones the height of such storage shall not exceed five and one-half (5½) feet within a horizontal distance of ten (10) feet from any abutting residentially zoned lot. | Anywhere in court. | ||
| I. Air conditioners, compressors, hot tub motors, and similar devices if emitting noise readily noticeable by the average person at or beyond the lot line, whether or not the devices are attached to a building. | Anywhere in above yard. | Anywhere in court. | |||
| J. Slides, clotheslines, and similar equipment; radio or televisions masts or antennas; microwave dishes. | Anywhere in above yards, subject where applicable to the provisions of Section 17.102.240 | Anywhere in above yards, subject where applicable to the provisions of Section 17.102.240 | Anywhere in above yards, subject where applicable to the provisions of Section 17.102.240 | Anywhere in above yards, subject where applicable to the provisions of Section 17.102.240 | |
| K. Detached garages and sheds; detached or attached carports, parking podiums and other detached or attached accessory structures not provided for elsewhere by this Section; and portions of principal Nonresidential Facilities not provided for elsewhere nearby. | Anywhere in above yards, provided that: 1. The facility is within 35 feet of the rear lot line; and 2. The wall height of the facility does not exceed nine feet in height to the top of the plate above finished grade and the roof height, for roofs with a maximum 8 in 12 slope, does not exceed 12 feet above finished grade, except for incidental decorative features or minor appurtenances such as flues; and 3. The facility itself does no contain any residential living quarters; and 4. No building or portion thereof within the minimum yard is itself used for any commercial or manufacturing repair or production operations, unless it has no exterior openings there other than emergency exits or fixed windows or skylights; and 5. The affected side yard, if any, is not one required by Section 17.102.240 or 17.28.150(C)(1). But on any reversed corner lot which abuts a key lot in any residential zone, detached accessory buildings shall also be subject to the provisions stated in Section 17.110.040C. |
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| L. Unroofed, raised platforms designed to accommodate off-street parking, including ramps and stairways necessary to provide access. | Anywhere in above yard except within five (5) feet of interior side lot line and except as otherwise provided in subsection M. | Same as prescribed in subsection K, except as otherwise provided in subsection M. | |||
| M. Unroofed parking and loading areas. | In any yard or court, except that in all residential zones and in the S-1, S-2, and S-3 zones, no unroofed parking space which is located on any lot containing three or more parking spaces, and no unroofed loading berth, shall be located within five (5) feet of any street line or alley. | In any yard or court, except that in all residential zones and in the S-1, S-2, and S-3 zones, no unroofed parking space which is located on any lot containing three or more parking spaces, and no unroofed loading berth, shall be located within five (5) feet of any street line or alley. | |||
| N. Covered, underground or partially excavated structures including, but not limited to garages, fallout shelters, wine cellars, and basements. | In any yard or court, provided that: | ||||
| 1. The surfaces of such facilities are landscaped or developed as patios or terraces; and | |||||
| 2. Such facilities do not extend more than 30 inches above finished grade, except that they may extend farther upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 | |||||
| However, these provisos shall not apply if the facilities would otherwise qualify, in the same yard, under Subsection K. | |||||
| O. Fences; dense hedges; barrier, and similar freestanding walls but excluding retaining walls. | In any yard or court, provided that such facilities comply with the provisions of Section 17.108.140 | ||||
| P. Trees, shrubs, and landscaping other than dense hedges with a screening effect; sculpture and similar decorations; flagpoles; unroofed patios and swimming pools; driveways; walkways and detached steps; and utility poles and lines. | In any yard or court, subject to the applicable limitations of Chapter 10.60 of the Oakland Traffic Code, entitled "Vision Obscurement at Intersections." | ||||
| Q. Signs. | In any yard or court, subject to the applicable limitations on Signs. | ||||
| R. Security fences (for Abandoned Fast-Food Facilities) | In any yard or court provided that such facilities: | ||||
| 1. Shall not exceed eight (8) feet; and | |||||
| 2. Shall comply with the applicable provisions of Chapter 10.60 of the Oakland Traffic Code, entitled "Vision Obscurement at Intersections." | |||||
| S. Living space located completely under driveway ramps | In any yard or court. | ||||
| T. Retaining walls; and earthen mounds, embankments, and other fill. | In any yard or court, provided that such facilities comply with the provision of Section 17.102.400(E). | ||||
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12899 § 4, Exh. A, 2008; Ord. 12872 § 4 (part), 2008; Ord. 12533 § 3 (part), 2003; Ord. 12376 § 3 (part), 2001; prior planning code § 7090)
17.108.140 - Fences, dense hedges, barrier, and similar freestanding walls.
A.
Compliance with Oakland Traffic Code. Notwithstanding other provisions of the Oakland Planning Code, all fences, dense hedges, barrier and similar freestanding walls shall comply with the applicable provisions of Chapter 10.60 of the Oakland Traffic Code, entitled "Vision Obscurements at Intersections".
B.
Residential zones and Residential Facilities. The provisions of this section apply to all properties located in residential zones, and to all properties located in any zone containing Residential Facilities.
1.
Height. In the locations specified below, the height of any fence, dense hedge, or barrier or similar freestanding wall, but excluding retaining walls, shall not exceed the following:
a.
In any minimum front yard, or any minimum side yard on the street side of a corner lot: forty two (42) inches, except that six (6) feet is permitted in the following cases:
i.
In the portions of street side yards located within the greater of the following distances, from the rear lot line:
a)
Thirty-five (35) feet from the rear lot line.
b)
The distance between the rear lot line and a line that is perpendicular to the street side lot line and that extends to the rearmost enclosed portion of the primary building on the lot; or
ii.
Upon the granting of small project design review pursuant to the small project design review procedure in Chapter 17.136
b.
In any minimum rear yard if within ten (10) feet of a street line that abuts the lot: six (6) feet.
c.
In any other minimum yard or court: eight (8) feet; and
d.
One entry gateway, trellis or other entry structure may be permitted in the required front setback area of each lot provided the maximum height or width of the facility does not exceed ten (10) feet;
2.
Materials. The following materials are restricted in constructing or rebuilding walls or fences:
a.
Barbed wire or razor wire is not allowed to be used in fences, see also Section 17.102.420
b.
Chain link fencing is not allowed to exceed forty two (42) inches in height in the following locations:
i.
Street-fronting yards; or
ii.
Interior side yards if closer to the front lot line than the front wall of the primary Residential Facility.
c.
Plain concrete blocks are not allowed as a fencing material unless capped and finished with stucco or other material approved by the Director of City Planning.
C.
Commercial zones and in the S-1, S-2, S-3, and S-15 zones. The provisions of this subsection apply to fences, dense hedges, barrier and similar freestanding walls, but excluding retaining walls, located within all commercial zones and in the S-1, S-2, S-3, and S-15 zones.
1.
Height:
a.
The height of any fence, dense hedge, barrier or similar freestanding wall located within ten (10) feet of any abutting property located in a residential zone shall not exceed eight (8) feet. A fence higher than eight (8) feet but no more than ten (10) feet may only be permitted in these locations upon the granting of small project design review pursuant to the small project design review procedure in Chapter 17.136
b.
The maximum height of any fence, dense hedge, barrier, or similar freestanding wall elsewhere on a lot shall be ten (10) feet.
2.
Restricted materials. In any location visible from the adjacent public right of way, no barbed wire or razor wire shall be permitted as part of or attached to fences or walls, see also Section 17.102.420
a.
Exceptions: Fences enclosing the following activities shall be exempted from the above limitation on barbed wire and razor wire where the Director of City Planning determines that trespassing could present a public safety hazard and/or disruption of public utility, transportation, or communication services:
i.
Public utility installations, including but not limited to electrical substations and gas substations.
ii.
Rights of way and transit routes.
D.
Industrial zones. The provisions of this subsection apply to fences, dense hedges, barrier and similar freestanding walls located within all industrial zoning districts.
1.
Height:
a.
The maximum height of any fence, dense hedge, barrier or similar freestanding wall located within ten (10) feet of any abutting property located within a residential zone shall be eight (8) feet. A fence higher than eight (8) feet but no more than ten (10) feet may only be permitted in these locations upon the granting of small project design review pursuant to the small project design review procedure in Chapter 17.136
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12553 § 3 (part), 2003)