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Lakewood City Zoning Code

PART 8

General Provisions Relating to Yards, Height and Area

§ 9380 Height of Penthouses and Roof Structures.

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts, and similar structures may be erected above the height limits prescribed by this Chapter, but no penthouse or roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space.

§ 9381 Yard Requirements for Property Abutting Half-Streets.

A building or structure shall not be erected or maintained on a lot or parcel of land which abuts a highway having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the highway were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot or parcel of land needed to complete the road width, plus the width or depth of the yards required on the lot or parcel by this ordinance, if any. This Section applies to all zones and whether or not yards are required.
This Section does not require a yard of such width or depth as to reduce the buildable width of a comer lot to less than forty (40) feet.

§ 9383 Cornices and Eave Projections.

[Amended by Ord. 168; Ord. 2023-6]
Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features may extend into a side yard setback area provided a minimum clearance of thirty (30) inches is maintained between said eaves and the side yard property line. The foregoing may extend or project into a front or rear yard setback area not more than thirty (30) inches.

§ 9383.1 Projections - Stairways/Balconies.

[Amended by Ord. 75-1; Ord. 2023-6]
A covered unenclosed stairway or balcony may extend or project into a required front yard setback area not more than forty-eight (48") inches and shall be at least thirty (30") inches away from either a rear or side property line.

§ 9383.2 Projection of Porches/Platforms.

[Amended by Ord. 75-1; Ord. 2017-3; Ord. 2023-6]
An uncovered or covered unenclosed porch, platform or landing place which does not extend above the grade of the first floor level of the building may extend or project into any required front yard setback area not more than six (6) feet, or into a required rear or side yard setback area without limitation as to area, provided such structure in a side yard or rear yard setback area shall not reduce to less than three (3) feet the width of an unobstructed pedestrian way or sidewalk on ground level. However, no porch, platform, or landing place, whether covered or uncovered, shall project into the required front yard of any lot or parcel in the R-1 or R-A zone located within Tract No. 11600 and Tract No. 12673, unless otherwise waived or modified by state law.

§ 9383.3 Projections - Miscellaneous.

[Added by Ord. 82-14; amended by Ord. 2023-6]
The following projections, intrusions, and obstructions may be constructed or maintained within any required yard setback area:
A. 
Planting boxes or masonry planters;
B. 
Guard railings for safety protection around ramps;
C. 
Trees, plants, bushes, shrubs, and fencing otherwise meeting the requirements of this Code. Hedges used for the purpose of perimeter fencing shall be classified as fences.
D. 
Swimming pools and swimming pool appurtenances may be located, constructed, and maintained in any required side and/or rear yard setback areas in residential zones and in accordance with the building code. Appurtenances shall consist of diving board, slides, filters, and heaters. If such appurtenances are enclosed, the structure shall not exceed six (6) feet in height. Heater vents shall terminate in accordance with the Plumbing Code. If heater and/or filter and any such enclosures are located in the side yard, or within three (3) feet of the rear property line, the side and rear perimeter walls shall be of one-hour fire resistive construction or more.
E. 
Water heaters, chimneys and other similar devices are permitted to project into the required side and rear yard setback areas provided a minimum clearance of thirty inches (30") is maintained at all times.
F. 
Carports located in the rear fifty percent (50%) of the lot are permitted to project into the required side and rear yard setback areas up to the property line, provided the structure meets the requirements of the Building Code and Fire Code for material, type and setbacks, and provided the supports for the carport do not encroach into the adjacent property or the required driveway turning radius necessary for access to the carport.
G. 
Porte-cochere structures may be erected, constructed, or placed in the side yard setback area over an existing driveway to provide shelter for persons getting out of a vehicle subject to the following regulations:
1. 
A porte-cochere may project into the side yard setback area provided, the porte-cochere structure shall maintain a minimum clearance of thirty (30) inches between the porte-cochere and the side property line.
2. 
The roof line of a port-cochere structure shall conform to the existing roof design of the structure to which it is attached.
H. 
Front Yard ADU. An attached or detached ADU may project into the front yard in accordance with state law and subsection 9320. K. of this code and provided 1) it maintains a minimum (4) foot side yard and a minimum (4) foot front yard setback and 2) provided the roof line of the ADU, if attached, shall conform to the existing roof design of the structure to which it is attached and not exceed twenty-five (25) feet in height, unless increased no more than an additional two (2) feet to align the roof pitch to the existing primary residence. In the instance of a detached ADU, the roof shall not exceed eighteen (18) feet in height. Such an ADU is allowed notwithstanding the provisions of Sections 9383 et seq., relating to other limitations on projections that may conflict with such a front yard ADU.

§ 9384 Wall, Fence, or Hedge.

A wall, fence, or a hedge used as and in lieu of fencing, may be maintained within the required yard setback areas, subject to the following:
A. 
Rear and Side Yard Setback Areas. In any residential zone, any wall, fence, or hedge shall not be more than seven feet six inches (7' 6") in height, unless otherwise approved by the Development Review Board (DRB) and when located within the required rear yard setback area or that portion of any side yard setback area that is not adjacent to any portion of the required front yard setback area.
[Amended by Ord. 77-5; Ord. 407; Ord. 2005-6; Ord. 2023-6]
B. 
Front Yard and Side Yard Setback Areas Adjacent to Front Yards. In any residential zone, a wall, fence, or hedge when located within the required front yard setback area or within any side yard setback area adjacent to any portion of the front yard setback area shall not exceed an overall height of forty-two inches (42"), unless otherwise approved by the DRB.
[Amended by Ord. 407]
C. 
Measurement. The height of fences, walls and hedges shall be measured from the finished grade, on either side thereof, at each point along the base of such a fence, wall, or hedge. The finished grade may be raised by a retaining wall or berm and then such a fence, wall or hedge may be placed on the top of such a modified finished grade and set back a minimum of six inches from the transitional edge of such a raised finished grade.
[Amended by Ord. 407]
D. 
Wall/Fence Extension. A "wall/fence extension" is an addition on top of an existing fence or block wall and that is constructed of a different material than the original fence or wall that is installed to increase the height of the wall or fence up to the maximum allowed height. A wall/fence extension shall be compatible with the color, style, and usage of the abutting properties and may be approved by the Community Development Director or designee based on a determination of an acceptable compatibility.
[Amended by Ord. 407]
E. 
DRB - All Zones. Fences, walls, and hedges of a height in excess of the foregoing may be authorized pursuant to review by the DRB and subject to a finding that there is a need for increased lot safety, protection for light, air, open space, street view, aesthetics and not detrimental to surrounding properties or neighborhood.
[Amended by Ord. 407; Ord. 2023-6]
F. 
Commercial and Industrial. Walls, fences, or hedges in commercial and manufacturing zones are allowed to be eight feet (8') in height except that heights in excess thereof may be authorized by the DRB provided findings are made that determine that the public safety, public, convenience, and necessity require a height in excess of the foregoing. Chain link fencing is not an acceptable material for perimeter fencing on any developed commercial project area that is adjacent to and viewable from a public street. Chain link fencing may be used on lots zoned for industrial uses and to secure vacant commercial lots or those under construction, as well as to secure the rear and side perimeter areas of commercial lots not visible to the public from a public street. The use of tubular steel fencing or other materials determined acceptable by the Community Development Director or designee are to be used for street viewable perimeter fencing.
G. 
Exceptions. The foregoing provisions shall not apply to walls, fences, or hedges used to enclose or fence schools, public buildings, grounds, parks, and recreation areas, except that no such wall, fence, or hedge shall exceed eight feet (8') in height, unless authorized by the DRB and provided findings are made that determine that the public safety, public, convenience, and necessity require a height in excess of the foregoing.
H. 
Hedges. Hedges in lieu of fencing shall mean one or more plants or bushes or trees planted or growing or maintained for fencing purposes within all or a part of a required yard setback area. The setback area that is occupied by such "hedges in lieu of fencing" shall be occupied by 50% or more of foliage, in a manner such that 50% or more of the air, light or view that otherwise would have been available, if not so planted, growing, or maintained, is obstructed. Foliage used for such hedges includes all trunks, stems, branches, and leaves.
I. 
Open Space Exception. Notwithstanding the foregoing, said walls, fences, or hedges placed on the rear property line abutting the West San Gabriel River Open Space Area may be maintained without review by the Development Review Board to a height of eight feet (8') above the grade level of the land on either side thereof provided that any wall or fence complies with the standards on file in the office of the Director of Community Development pertaining to colors, material, and construction. This subsection applies to properties abutting the West San Gabriel River Open Space Area between Shadeway Road on the north and by Carson Street on the south, all as set forth on a map on file in the office of the Director of Community Development.
J. 
Driveway Width Protection. Fences, walls, or hedges shall not be constructed, installed, or maintained so as to reduce the width of a driveway to be less than eight (8) feet six (6) inches or reduce the driveway width of an adjacent property to be less than eight (8) feet six (6) inches, unless authorized by a Conditional Use Permit.
K. 
Director Referral. The Community Development Director may upon review and his/her discretion refer any proposed wall, fence or hedge project for review and determination at a public hearing before either the Development Review Board and/or the Planning and Environment Commission to resolve any policy or neighborhood compatibility concerns.
[Added by Ord. 2005-6; amended by Ord. 2023-6]

§ 9385 Lot Area Reduction.

No lot area shall be so reduced or diminished that the lot area, average width, yards, or other open spaces shall be smaller than prescribed by this Code, except as otherwise allowed, or waived by state law.

§ 9385.1 Dwelling Location - Potential Lot Division.

Where more than one dwelling unit is constructed on one lot or parcel of land, the buildings shall be so located on that lot or parcel of land so that it can be divided into smaller parcels or lots, each of which will contain not less than the minimum required area, and on each of which, when considered as a separate lot or parcel, the number and location of buildings will comply with the minimum required area requirements of this Code, unless otherwise waived, or modified by state law, which allows a one-time division of any single family residential lot, existing on January 1, 2022 to no less than 1,200 square feet. The underground utilities to each such dwelling unit shall be located and/or relocated in such a manner that the underground utilities for one dwelling unit are not under or obstructed by another dwelling unit and so that they are located fully on a potential lot of such a lot division.

§ 9385.2 Division of Lots or Parcels Containing More Than Minimum Required Area.

When any lot or parcel in any zone contains a greater than the required minimum area of the zone in which it is contained, then each unit of the required minimum area contained in such lot or parcel may be utilized as a separate lot or parcel, provided that a plot plan showing such division has first been filed with, and received the approval of, the Planning Commission. No division shall be approved under this Section which creates more than four (4) lots or parcels, or which fails to provide that each lot or parcel created has access on either a dedicated public thoroughfare or an easement of record providing access to and from such dedicated public thoroughfare.

§ 9386 Accessory Buildings.

[Added by Ord. 418; amended by Ord. 2005-8; Ord. 2014-7; Ord. 2018-2; Ord. 2020-1; Ord. 2023-1; Ord. 2023-6]
Accessory buildings shall be constructed and maintained in conformance with the yard setback areas of the zone districts in which they are located, unless otherwise allowed by this code or by state law. No accessory structure, such as, but not limited to garages, workshops, sheds, or greenhouses, shall be used as living quarters, except as allowed for as a conversion to an ADU as defined in Section 9302.21a., a JADU as defined in Section 9302.21b., and/or as allowed for a second primary dwelling unit.

§ 9387 Drainage.

[Added by Ord. 2005-8; amended by Ord. 2023-6]
No person shall alter any grade of any property in such a manner, so as to cause the diversion of water runoff or drainage onto any abutting property. The point of entry, quantity, and manner of such lot drainage into the public storm water system shall be determined by and shall require the approval of the Public Works Director or designee. The use of pervious materials and any on-site retention and detention systems for storm water are encouraged.

§ 9388 Portable Storage Containers.

[Added by Ord. 2005-8]
Portable storage containers may be temporarily placed in required yard areas subject to issuance of a permit by the Director of Community Development, which permit shall contain restrictions as to location and such other conditions as the Director of Community Development deems appropriate.