Beverly Hills City Zoning Code
PART 8
ACCESSORY USES AND BUILDINGS ARE REGULATED
§ 8.101 General provisions enumerated.
The following accessory uses are permitted:
A.
R-1 district:
1.
An attached or detached private garage.
2.
Nonpaying guest houses or rooms for guests within an accessory building, provided such facilities are used only for the occasional and gratuitous housing of guests of the occupant of principal building and not for permanent occupancy by others as a dwelling unit.
3.
Sheds or tool rooms.
4.
Children’s playhouses.
5.
Vegetable or flower gardens.
6.
Garden houses.
7.
Private greenhouses.
8.
Private tennis courts.
9.
Private swimming pools.
10.
Servant’s quarters; and similar uses customarily accessory to a residential use.
B.
There may also be storage garages for use solely of the occupants of the premises.
C.
In C-1, C-2, and M districts there may be any temporary commercial use authorized herein:
1.
Shall obtain a building permit from the City of Beverly Hills prior to locating on any property. Permit shall be for 90 days with allowance for one renewal within a 12-month period.
2.
Shall have the express written permission of the property owner if the property is not owned by permit applicant.
3.
Shall meet setback requirements as specified within the zoning districts or if the principal building is a non-conforming use, as to setbacks, the temporary commercial building shall not encroach into the required yard(s) any more than the existing principal building.
4.
Shall not be established on any lot prior to the establishment of a principal use.
5.
Shall comply with all city codes including but not limited to electrical, plumbing, and health and sanitation, or shall provide for proper electrical and water service, disposal of solid waste and sewage meeting city approval.
6.
Shall not create any conditions which are hazardous to the health and welfare of the public.
7.
Nonprofit, charitable, and uses not exceeding 72 hours shall be exempt from numbers 1, 3, 4 and 5 of this subparagraph C.
8.
Exempted uses not exceeding 72 hours, as specified in number 7, may be granted one additional 72-hour period for operation, by the building official.
(Ordinance 040412 adopted 4/12/04)
§ 8.102 Residential accessory buildings.
Temporary buildings for construction purposes only are permitted in any district during the course of construction.
A.
The following regulations shall govern the location, size, and use of any accessory buildings:
1.
No accessory building shall be erected in any required yard area as stipulated in this ordinance, except as allowed in the following subparagraphs.
2.
No detached residential garage or carport shall be erected or placed closer to any street or alley right-of-way line than the minimum yard requirements (building setback line) governing the district in which such garage or carport is located.
3.
Residential accessory buildings and storage buildings housing domestic lawn and garden equipment and all other household effects may be detached or attached to the main building but shall not encroach in any required front yard and may not occupy more than 30 percent of the rear yard. If detached, no accessory building shall be erected within ten feet of any other building, except detached residential garages may be located within five feet of the main dwelling.
4.
No accessory building shall be higher than the main buildings.
5.
An accessory building more than five feet from a main building may be erected within two feet of a side or rear lot line, but must be located at least 60 feet from the front street line.
(Ordinance 040412 adopted 4/12/04)
§ 8.103 Walls and fences.
A.
Permit required.
No fence shall be erected without a fence permit.
B.
Fence permit application.
A person desiring a permit to erect or remove or replace any fence shall make written application to the enforcing officer, which application shall designate the location of the fence on the lot, the height of the fence and the materials of which the fence is to be constructed.
C.
Screening fence required.
A permanent screening fence shall be required between property zoned commercial or industrial which abuts property zoned residential.
1.
If a rezoning request creates a situation wherein residential and commercial or industrial zoned properties abut, the rezoning applicant and successors shall be required to construct and permanently and adequately maintain the fence.
2.
If construction is to occur on property which abuts undeveloped property, the screening fence shall be constructed and permanently and adequately maintained by the owner of the commercial or industrial zoned property.
3.
If construction is to occur on property which abuts previously developed property, the screening fence shall be constructed and permanently and adequately maintained by the applicant then requesting a building permit.
No fence shall be required for schools, churches, and public buildings. Such screening fence shall be erected along the entire length of the common line between such property or on the property required to erect screening. The permanent screening fence shall be constructed of masonry, solid wood, an earthen berm or a combination of these and shall not be less than six feet in height. |
D.
Safety.
No wall or fence shall be constructed or maintained in such a manner as would endanger the health or safety of the general public. Residential fences constructed of barbed wire (except for livestock fences) and walls topped with broken glass or surfaced with like material shall be prohibited; provided, however, a security fence of not less than six feet in height may be topped by barbed wire. No electric fence shall be permitted except where provided for the actual enclosure of farm animals or for dogs. Such fence shall be posted at least once along each boundary line and at intervals of not more than 100 feet warning persons of the existence of said electric fence.
E.
Height.
Walls and fences hereafter constructed on property used for or restricted to residential uses shall be no greater than eight feet in height, subject to the following limitations:
1.
The height of a wall or fence shall be the vertical distance between the ground and the top of the fence. In terrain where ground slopes at a grade of ten percent or more, the fence or wall may be built in ten-foot horizontal stair-step sections; the average height of each such section shall comply with the height regulations set forth herein.
2.
No wall or fence shall be located in a required front exterior yard other than a decorative fence which shall have a height of no more than 2-1/2 feet. If over 2-1/2 feet, the setback will be 15 feet from front property boundary line or side yard property line facing street.
3.
No wall or fence located on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in the Code of Ordinances.
4.
Retaining walls shall be permitted for the purpose of protecting property against sliding earth or accidental injury to human life. The height of a retaining wall shall be determined according to accepted engineering principles and the design shall be approved by the city building official. A fence erected on top of a retaining wall shall be subject to the height limitations above, measured from the high side of the wall.
5.
When two adjoining corner lots are situated so that their lot fronts face parallel streets, and so that the side exterior yard of one is a continuation of the side exterior yard of the other, such side exterior yard on both lots may be enclosed by a wall or fence having a maximum height above grade of six feet to the rear of the side exterior yard on each lot.
6.
When a corner lot is so situated that its rear interior lot line is common to a side interior lot line of an adjoining lot which fronts on the side street of the corner lot, fence or wall heights and location for the rear lot line shall be the same as applicable regulations for the adjoining lot.
7.
Double frontage lots are to be discouraged; however, if double frontage lots are contained in an approved plat, the yard on the street which the majority of the buildings in such plat front shall be deemed the front yard and the rear yard may be fenced to within five feet of the rear property line provided the following restrictions are complied with:
(Ordinance 040412 adopted 4/12/04)