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San Marino City Zoning Code

ARTICLE 13

FENCES AND WALLS

23.13.01: APPLICATION AND COMPLIANCE WITH PROVISIONS:

   A.   From and after January 27, 1955, no fence, gate, pilaster or wall shall be built, erected, constructed, enlarged, relocated or structurally altered in the City except in conformity with the provisions of this Article. No hedge shall be planted or maintained in the City except in conformity with the provisions of this Article.
   B.   No provisions of this Article shall be deemed to mitigate any of the provisions of the City Building Code 1 nor to conflict with the setback requirements of this Chapter. (Ord. 096-1093, 7-10-1996)

23.13.02: PERMIT REQUIREMENTS FOR CONSTRUCTION OR ALTERATION2:

   A.   Permit Required: No person shall build, erect, construct, enlarge, relocate or structurally alter any fence, yard wall or retaining wall in the City, or cause or direct such work without first having obtained therefor a permit from the Planning and Building Director.
   B.   Application For Permit; Fee: Written application, provided by the Planning and Building Department for the permit required by subsection A of this Section shall be submitted to the Planning and Building Department. A payment of a permit fee in accordance with the amount as required by City Council resolution shall be paid upon submittal of application.
   C.   Issuance Or Referral To Commission: Upon the receipt of the application and the fee required by subsection B of this Section, the Planning and Building Director shall examine the application, and if the Director finds therefrom that the proposed fence or wall conforms with the requirements of this Article, the Director shall issue the permit. If, on the other hand, the Director finds that it does not so conform, he/she shall refer the application to the Commission for either a variance or conditional use permit as required by this Code.
   D.   Processing Requests For Variances And Conditional Use Permits: The Commission shall process requests for variances and conditional use permits in accordance with Article 07 of this Chapter. (Ord. 096-1093, 7-10-1996)

23.13.03: REGULATIONS FOR FENCES AND WALLS IN C-1 ZONE:

No fence, yard wall or retaining wall shall be erected, constructed or maintained or permitted to be erected, constructed or maintained in the C-1 Zone unless it conforms with the following regulations:
   A.   Heights:
      1.   Height Limit: Height shall not exceed six feet (6').
      2.   Exposed Vertical Surfaces: The exposed vertical surface of a yard wall or the total combined height of the exposed vertical surfaces of a yard wall and a supporting retaining wall shall not exceed six feet (6') in height. For the purpose of this Article, a "supporting retaining wall" is defined as one within a distance of less than four feet (4') from the yard wall.
      3.   Retaining Walls Exceeding Height 1 Limits: Retaining walls exceeding the height limitations established in subsection A2 of this Section may be constructed if approved by the Commission.
   B.   Distance From Property Line: No part of any fence, yard wall or retaining wall shall be constructed within a distance of less than two inches (2") from any property line unless the written approval thereof by the owner of the adjoining lot is obtained.
   C.   Structural Design Of Retaining Walls: The structural design of retaining walls shall conform to the requirements of the applicable provisions of the Uniform Building Code 2 .
   D.   Conformance: All fences, yard walls and retaining walls shall conform to the requirements of the applicable provisions of the Building Code.
   E.   Wire And Electric Fences: No fence or yard wall shall be constructed of hog wire, barbed wire, or sharp pointed material, and no electrically charged fence shall be erected, constructed or maintained in the City.
   F.   Height: The height of any fence, yard wall or hedge at any point shall be defined as the difference in elevation measured between the top of the fence, yard wall or hedge and the finished ground surface at a point one foot (1') from the fence, yard wall, or hedge measured at right angles from the height of a retaining wall and shall be defined as the height of its exposed vertical surface.
   G.   Permitted Chainlink Fences: A chainlink fence visible from a public right-of-way shall be permitted to be erected on the property only during the period of building construction under a valid permit. The fence shall be removed within twenty four (24) hours of the completion of construction or the expiration of the permit, whichever shall come first. Any existing chainlink fencing visible from a public right-of-way which was lawfully installed and which has become nonconforming solely as a consequence of the regulations set forth in this section must either be removed or brought into compliance with the requirements specified in this section within thirty (30) days after July 12, 1996. (Ord. 096-1093, 7-10-1996)

23.13.04: REGULATIONS FOR FENCES, WALLS AND HEDGES IN R-1 ZONE:

   A.   General Requirements: The following requirements shall apply to all fences, gates, pilasters, yard walls, hedges and retaining walls:
      1.   All yard walls and retaining walls shall have weep holes or openings not more than two inches (2") in diameter at intervals of not more than ten feet (10'), so located as to permit the natural flow of surface drainage water.
      2.   All fences, yard walls and retaining walls shall conform to the requirements of the applicable provisions of the Building Code.
      3.   No fence or yard wall shall be constructed of hog wire, barbed wire or sharp pointed material, and no electrically charged fence shall be erected, constructed or maintained in the City.
      4.   No fence in the front yard area or in the side yard area facing a street of a corner lot shall be constructed of chainlink or other wire material except as provided for in section 23.13.05 of this article.
      5.   The height of any fence, gate, pilaster, yard wall or hedge at any point shall be defined as the difference in elevation measured between the top of the fence, gate, pilaster, yard wall or hedge and the finished ground surface at a point one foot (1') from the fence, gate, pilaster, yard wall or hedge measured at right angles from the low side (the side with the greatest exposed surface). The height of a retaining wall shall be defined as the height of its exposed vertical surface.
   B.   Front Yard Requirements: All fences, gates, pilasters, yard walls, retaining walls or hedges located in the front yard area shall conform to the requirements set forth herein:
      1.   Setback: No fence, gate, pilaster, yard wall or retaining wall shall be located and maintained less than eighteen inches (18") from the front property line or the distance established by the DRC for safety reasons 1 .
      2.   Height:
         a.   No fence, yard wall or retaining wall in Area District III, IV, V, VI or VII shall exceed four feet (4') in height.
         b.   No fence, yard wall or retaining wall in Area District I or II shall exceed five feet six inches (5'6") in height.
         c.   Fences, yard walls and retaining walls less than twenty feet (20') from the side street property line on a corner lot abutting a key lot shall not exceed four feet (4') in height. (Ord. 096-1093, 7-10-1996)
         d.   No hedge shall exceed four feet (4') in height in the required front yard in the R-1 Zone. In Districts IE and I only, no hedge shall exceed the greater of four feet (4') or the height of an existing and legally permitted chainlink or wire front yard fence. This does not apply to hedges on properties fronting Huntington Drive, Sierra Madre Boulevard, California Boulevard, Los Robles Avenue, San Gabriel Boulevard, and Oak Knoll Avenue (north of Huntington Drive). Hedges on these specific streets shall not exceed eight feet (8') in height. (Ord. 0-11-1251, 5-27-2011)
      3.   Pilasters And Gates: No pilaster with cap or gate shall exceed six inches (6") above the height of the applicable fence or yard wall limit provided in subsection B2 of this section.
      4.   Ornamental Features: Ornamental features or lights on gate pilasters shall not exceed twelve inches (12") above the height of the pilaster or the height determined by the Design Review Committee.
      5.   Maximum Opaqueness:
         a.   Fences, gates or yard walls which do not exceed three feet (3') in height may have a total front surface area which is one hundred percent (100%) opaque.
         b.   Fences or yard walls which are more than three feet (3') in height but do not exceed three feet six inches (3'6") in height may not have a total front surface area which is more than fifty percent (50%) opaque.
         c.   Fences or yard walls which exceed three feet six inches (3'6") in height may not have a total front surface area which is more than twenty five percent (25%) opaque.
      6.   Retaining Walls And Related Fence And Yard Wall Setbacks:
         a.   No retaining wall shall exceed four feet (4') in height.
         b.   No retaining wall shall be located less than eighteen inches (18") from the front property line or the side property line facing a street on a corner lot.
         c.   Fences or yard walls in a front yard, which has a retaining wall at the minimum setback in the front yard, shall be set back from the retaining wall a distance equal to twice the height of the retaining wall.
   C.   Required Side Yard: All fences, gates, pilasters, yard walls and retaining walls located in the required side yard shall conform to the requirements set forth herein:
      1.   Setback:
         a.   No fence, pilaster, yard wall, or retaining wall shall be located less than two inches (2") from the side property line between two abutting residential properties, except by written mutual consent between the property owners.
      b.   With the exception of fences, gates, pilasters, yard walls, or retaining walls abutting an alley, no fence, gate, pilaster, yard wall, or retaining wall in the required side yard facing a street on a corner lot shall be located less than eighteen inches (18") from the property line or the distance established by the DRC for safety reasons.
      2.   Height:
         a.   Fences, yard walls and retaining walls within the required side yard shall not exceed six feet (6') in height.
         b.   Fences, gates, pilasters, yard walls, and retaining walls less than twenty feet (20') from the side street property line on a corner lot abutting a key lot shall not exceed four feet (4') in height.
         c.   Fences, gates, pilasters, yard walls, and retaining walls less than twenty feet (20') from the front street property line abutting any alley shall not exceed four feet (4') in height.
         d.   Where the existing grade between a residential property that abuts an alley is greater than two feet (2'), as measured from the residential property, the maximum height of the fence and wall may be increased to a total height of twelve feet (12').
      3.   Pilasters And Gates: No pilaster with cap, or gate facing the street, within the side yard of a corner lot, shall exceed six inches (6") above the height of the applicable fence or yard wall limit provided in subsection C2 of this section.
      4.   Ornamental Features: Ornamental features or lights on gate pilasters shall not exceed twelve inches (12") above the height of the pilaster, or the height determined by the Design Review Committee.
      5.   Finished Material:
         a.   Fences, walls, and gates located adjacent to an alley shall be constructed of solid wood, masonry, tubular steel, or wrought iron.
   D.   Required Rear Yard: All fences, gates, pilasters, yard walls and retaining walls located in the required rear yard shall conform to the requirements contained herein:
      1.   Setback:
         a.   No fence, yard wall or retaining wall between two abutting residential properties shall be located less than two inches (2") from the rear property line, except by written mutual consent between the property owners.
         b.   With the exception of fences, gates, pilasters, yard walls or retaining walls abutting an alley, no fences, gates, pilasters, yard walls or retaining walls shall be located less than eighteen inches (18") from the rear property line facing the street of a lot.
      2.   Height:
         a.   Fences, yard walls and retaining walls within the required rear yard shall not exceed six feet (6') in height; provided:
         b.   Fences, gates, pilasters, yard walls and retaining walls less than twenty feet (20') from the side street property line on a corner lot abutting a key lot shall not exceed four feet (4') in height.
         c.   Where the existing grade between a residential property that abuts an alley is greater than two feet (2'), as measured from the residential property, the maximum height of the fence and wall may be increased to a total height of twelve feet (12').
      3.   Pilasters And Gates: No pilaster with cap, or gate facing the street, within the rear yard of a corner lot, shall exceed six inches (6") above the height of the applicable fence or yard wall limit provided in subsection D2 of this Section.
      4.   Ornamental Features: Ornamental features or lights on gate pilasters shall not exceed twelve inches (12") above the height of the pilaster, or the height determined by the Design Review Committee.
      5.   Finished Material:
         a.   Fences, walls, and gates located adjacent to an alley shall be constructed of solid wood, masonry, tubular steel, or wrought iron.
   E.   Exceptions:
      1.   Exception To Height Or Setback Requirements: No exception to the height or setback requirements contained in this Section shall be permitted except by the issuance of a variance pursuant to the procedures contained in Section 23.07.01 of this Chapter.
      2.   Exception To Opaqueness Requirement: No exception to the maximum opaqueness allowed by this Section shall be permitted except by the issuance of a conditional use permit pursuant to the procedures contained in Section 23.07.01 of this Chapter.
   F.   Existing Nonconforming Structures:
      1.   Any fence, gate, pilaster, yard wall or retaining wall constructed or planted prior to October 31, 1987, and any hedge planted or higher than four feet (4') prior to October 30, 1991, and not conforming with the requirements of this Article shall be classified as nonconforming and permitted as an existing nonconforming structure. These existing nonconforming structures shall be subject to all applicable provisions concerning nonconforming uses as same are contained in Section 23.06.08 of this Chapter.
      2.   No nonconforming fence, gate, pilaster, yard wall, retaining wall or hedge which is more than fifty percent (50%) destroyed may be replaced unless such replacement complies with this Section.
   G.   Permit Requirements 1 :
      1.   No fence, gate, pilaster, yard wall or retaining wall may be constructed without first obtaining a fence permit from the City.
      2.   A fence permit for a fence, gate, pilaster, yard wall or retaining wall located in a side or rear yard that is not adjacent to a public street shall be granted by the Planning and Building Department if the proposed fence, gate, pilaster, yard wall or retaining wall complies with the requirements of this Code.
      3.   Applications for a fence permit for a fence, gate, pilaster, yard wall or retaining wall located in a front, side or rear yard adjacent to a street shall be subject to design review. The procedure for processing a fence permit pursuant to this Section shall be the same as for processing design review pursuant to Article 15 of this Chapter. The Design Review Committee or Commission shall approve a fence permit only if it makes each of the following findings:
         a.   That the proposed fence, gate, pilaster, yard wall or retaining wall is architecturally compatible with the existing residence.
         b.   That the proposed fence, gate, pilaster, yard wall or retaining wall is consistent with the size and location of fences, gates, pilasters, yard walls and retaining walls on the block on which the property is located.
         c.   That the proposed fence, gate, pilaster, yard wall or retaining wall preserves site lines and is otherwise located in a manner not to create a hazard to pedestrian or vehicular traffic.
         d.   The Design Review Committee or Commission may impose conditions necessary to make the required findings. Such conditions may include prohibiting or requiring the installation and maintenance of landscaping. The Design Review Committee or Commission may reduce the maximum permitted height, increase the minimum required setback and decrease the maximum permitted opacity of any fence, gate, pilaster, yard wall or retaining wall located in the front yard. The Design Review Committee or Commission may not reduce the maximum permitted height, increase the minimum required setback or decrease the maximum permitted opacity of any fence, gate, yard wall or retaining wall located in a side yard adjacent to a street; except, that the Design Review Committee or Commission can increase the minimum setback for a gate providing access to a driveway in order to protect pedestrian or vehicular traffic. Following the same procedures for granting a fence permit, the Design Review Committee or Commission may revoke a fence permit and require removal of the fence, gate, pilaster, yard wall, retaining wall or any part thereof if it finds that the property owner has violated any condition of the fence permit. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-19-1354, 10-9-2019)

23.13.05: PERMITTED CHAINLINK FENCES IN THE R-1 ZONE:

A chainlink fence shall be permitted to be erected in the front yard area or a side yard area of a corner lot only during the period of building construction under a valid permit. The fence shall be removed within twenty four (24) hours of the completion of construction or the expiration of the permit, whichever shall come first. (Ord. 096-1093, 7-10-1996)