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HomeMy Public PortalAboutOrdinance 62-76ORDINANCE NO. 62 -76 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING SECTIONS 8110 THROUGH 8121 TO THE MUNICIPAL CODE RELATING TO FENCES AND WALLS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: The Temple City Municipal Code is hereby amended by adding Sections 8110 through 8121, to read as follows: "8110. Definitions. The following words and phrases when used in sections 8110 through 8121 shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section: Corner Lot. A lot or parcel of land having a greater depth than width and situated at the junction of and abutting on two intersecting streets. Fence. An enclosing structure made of wine, wood, metal, masonry or other materials, having uniformly- spaced openings in its vertical surface with a total area of openings equal to forty percent or more of the total vertical area of the struc- tures. Typical fences are wire fences, ornamental iron fences, wood picket fences, wood lattice fences, wood rail fences and masonry block or brick fences. Finished Ground Surface. The ground surface within a yard which has been surfaced with concrete brick, stones, bituminous materials, crushed rock, gravel, sand or similar materials, or on which grass, flowers, shrubbery or trees have been planted, or which has been graded in preparation for surfacing or planting. Front Yard. A yard between the front line of the lot and the front line of the main building and which extends across the entire width of the lot; provided, however, that upon vacant property the front yard shall be the yard between the front line of the lot and the front yard setback line ascribed to such lot, which extends across the entire width of the lot. Lot. A parcel of land recorded as a lot or otherwise ap- proved by the city council as a building site for the construc- tion of one main building. Rear Yard. A yard between the rear line of the lot and the rear line of the main building which extends across the en- tire width of the lot. Where a public alley exists at the rear lot line, one half but not to exceed ten feet of such alley may be considered to be a portion of such rear yard; provided, how- ever, that upon vacant property the rear yard shall be the yard between the rear line of the lot and the rear yard setback line ascribed to such lot, and which extends across the entire width of the lot. Required Yards. Those portions of a lot or building site upon which no portion of a main building is permitted to be con- structed by the provisions of Sections 9100 and 9102 of this code, relating to zoning. 190 Retaining Wall, A structure made of wood, metal, masonry or other materials designed to withstand pressure exerted by earth or by water or by both. Side Street Line of a Corner Lot. The side line of a corner lot along the side . of the lot abutting on a street. Side Yard. A yard between the side line of the lot and the side line of the main building and which extends from the front yard to the rear yard; provided, however, that upon vacant property the side yard shall be the yard between the side line of the lot and the side yard setback line ascribed to such lot, and which extends across the entire width of the lot. Yard. That portion of the same lot or building site upon which a 'building is situated, which remains open and unoccupied except by stairways, porches, landing places, cornices, canopies, eaves, chimneys, fireplaces, detached accessory buildings and garages. Yard Wall. An enclosing structure made of wood, metal, Wall. masonry or other materials, having openings in its vertical surface with a total area of openings equal to less than forty . percent of the total vertical area of the structure. Typical yard walls are wood panel walls, grapestake walls, plastic - screen walls, monolithic concrete walls and masonry block or brick walls. "8111. Conformity With Sections 8110- 8121. No fence or wall shall be built, erected, constructed, enlarged, relocated or structurally altered in the city except in conformity with the provisions of Sections 8110 through 8121. "8112. Regulations for fences and walls in C —ls C -2, C -3.. C -4 C -H, C -M or C -R Zones. No fence, yard wall or retaining wall shall be erected, constructed or maintained or permitted to be erected, constructed or maintained in any C -1, C -2, C -3, C -4, C -H, C -M or C -R Zones unless it conforms with the follow- ing regulations: (a) Height Limit. It shall not exceed six feet in height. (b) Height of Fence or Yard Wall Defined. The height of any fence or yard wall at any point shall be defined as the difference in elevation between the top of the fence or yard wall and the finished ground surface at a point within the lot distant one foot from the fence or yard wall, measured at right angles. (c) Height. of Retaining Wall Defined. The height of any retaining wall shall be defined as the height of its exposed vertical surface. (d) Exposed Vertical Surfaces. The exposed vertical sur- face 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 in height. For the purposes of Sec- tions 8110 through 8121, a supporting retaining wall is defined as one within a distance of less than four feet from the yard wall. (e) Distance From Property Line. No part of any fence, yard wall or retaining wall shall be constructed within a distant of less than two inches from any property line unless the writter approval thereof by . the owner of the adjoining lot is obtained. (f) Weep Holes or Openings. Fences, yard walls and re- taining walls shall have weep holes or openings not less than two inches in diameter at intervals of not less than ten feet, so located as to permit the natural flow of surface drainage water. 2 191 (g) Retaining Walls Exceeding Height Limits. Retaining walls exceeding the height limitations established in subpara- graphs (c) and (d) of this section may be constructed if approved by the planning commission. (h) Structural Design of Retaining Walls. The structural design of retaining walls shall conform to the requirements of the applicable provisions of the Temple City Building Code. "8113. Regulations for Fences and Walls in R -1„ R -1 -j R -2, R- .1,_R -4 R -5,. R -A or R -A -P Zones. No fence, yard wall or re- taining wall shall be erected, constructed or maintained or Per- mitted to be erected, constructed or maintained, in the R- 1; "R -1 -P R -2, R -3, R -4, R -5, R -A or R -A -P Zones unless it conforms with the foll3owing regulations: (a) Height in Front Yard. Fences, yard walls and retain- ing walls within the required front yard shall not exceed three feet in height. (b) Height in Rear Yard. Fences, yard walls and retaining walls within the required rear yard shall not exceed six feet in height, except that such fences, yard walls and retaining walls less than two feet from the side street line of a corner lot shall not exceed four feet in height. (c) Height in Side Yard. Fences, yard walls and retaining walls within the required side yard shall not exceed six feet in height, except that such fences, yard walls and retaining walls less than two feet from the side street line of a corner lot shall not exceed four feet in height. (d) Height of Fence or Yard Wall Defined. Subject to the provisions of Section (f) hereof the height of any fence or yard wall at any point shall be defined as the difference in elevation measured between the top of the fence or yard wall and the fin- ished ground surface at a point one foot from the fence or yard wall measured at right angles from the low side, that is, the side with the greatest exposed surface. (e) Height of Retaining Wall Defined. The height of any retaining wall shall be defined as the height of its exposed vertical surface. (f) Exposed vertical surfaces. The exposed vertical sur- faces of a yard wall or fence or the total combined height of the exposed vertical surfaces of a fence or a yard wall and a supporting retaining wall shall not exceed the height limitation established by subparagraphs (a), (b) and (c) of this section. For the purposes of this Section a supporting retaining wall is defined as one within a distance of less than four feet from the yard wall or fences. (g) Distance From Property Line. No part of any fence, yard wall or retaining wall shall be constructed within a dis- tance of less than two inches from any property line unless the written approval thereof by the owner of the adjoining lot is obtained. (h) Weep Holes or Openings. All fences, yard walls and retaining walls shall have weep holes or openings not less than two inches in diameter at intervals of not less than ten feet, so located as to permit the natural flow of surface drainage water (i) Retaining Walls Exceeding Height Limits. Retaining walls exceeding the height limitations established by subpara- graphs (e) and (f) of this section may be constructed if approved by the planning commission. 3 192 (j) Structural Design of Retaining Walls. The structural design of retaining walls shall conform to the requirements of the applicable provisions of the Temple City Building Code. "8114. Court Fences. Any tennis, handball, badminton or volley ball court may be enclosed by a wire fence noc exceeding twelve feet in height; provided, that no part of such court fence shall be constructed within the required front yard or side yard nor closer than one foot from the property lines around the required rear yard. '8115. Barbed Wire Electrically Charged Etc. Fences. No barbed wire or other sharp pointed fence and no electrically charged fence shall be erected, constructed or maintained in the City. "8116. Nonconforming Fences and Walls. Any fence, yard wall or retaining wall lawfully erected, constructed or main- tained prior. to July 1, 1962 and not conforming with the require- ments of this chapter shall be classified as nonconforming and shall be subject to all applicable provisions concerning noncon -, forming and shall be subject to all applicable provisions concern- ing nonconforming uses as same are contained in Sections 9100 and 9102 of this Code. "8117. Effect of Chanter on Temple City Ordinances or Municipal Code Provisions. No provision of this chapter shall be deemed to mitigate any of the provisions of the city Building Code nor to conflict with any setbacks referenced in Sections 9100 or 9102 of this Code. PERMIT TO CONSTRUCT, ALTER, ETC. '8118. Permit Required. No person shall build, erect, con- struct, 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 building department. "8119. Aoolication• Fee. Written application for the per- mit shall be accompanied by the payment of a permit Fee of one dollar per hundred dollars of valuation up to a valuation of one thousand dollars, and two dollars per thousand dollars of valuation in excess of the first thousand dollars. "8120. Issuance or Reference to Planning_Commission. Upon receipt of the application and the fee required by the preceding section, the building department shall examine the application and if he finds therefrom that the proposed fence or wall conforms with the requirements of this chapter he shall issue the permit. If on the other hand he finds that it does not so conform, he shall refer the application to the planning commission with his report. "8121. Processing Reguests for Variances. Upon receipt of the application and the building department's report thereon as provided by the preceding section the planning commission shall process such report as other variances are processed by the plan- ning commission under section 9103 of this Code, provided that the applicant first complies with the prerequisites set forth in such section." PASSED and ADOPTED by the City Council of the City of Temple City at a regular meeting thereof held this llthday of June 1962, by the following roll call vote: AYES: Councilmen: Dickason, Fitzjohn, Merritt, NOES: Councilmen: Nunamaker, Tyrell ABSENT: Councilmen: ATTEST: U° � ayor/Of he City oi` emp 1 � i ty , Cal i , J e Clerk of the City of Temprl/e Ci r'y, C:1 if. 193 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) I, Marjorie A, Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple CI.ty, California, and that the foregoing Ordinance No. 62 -76 was introduced at a regular meeting of the City Council held on May 28, 1962, and adopted at a regular meeting of the City Council held on June 11, 1962, by the following roll call vote: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None Dated: June 11, 1962 bepu, C ty C erk of City of Temp e CIty, California 13'. 194