HomeMy Public PortalAboutOrd. 0836'" 43~ pah
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ORDINANCE N0. 836
AN ORDINANCE OF THE CITY OF LYNG10OD AMENDING
CHAPTER XIV TO A.DD A DiEGJ SECTION THERETO; THAT
IS: SECTION 14.05.-A FENCES, AMENDING THE TITLE
TO CHAPTER 12 OF THE' LYNInIOOD CITY CODE AND
SECTION 12.3 OF THE LYNGIOOD CITY CODE, AND
REPEALING SECTIONS 12.2 AND SUBPARAGRAPHS (a)
AND (b) OF SECTION :12.3 OF THE LYNWOOD CITY CODE.
The City Council of the City of Lynwood does hereby
ordain as follows:
'Secti'on 1. Chapter XIV of City Ordinance No. 570 .is
hereby amended to add a new section thereto, that is: 14.05-A as
follows: ''Fences."
"l. Fence defined: For the purpose o£ this chapter,
fence means a structure or a planting, the primary purpose.:of which
is to enclose or separate areas of land.
"2. General Provisions: Except as provided in .Section
5 hereof a fence or wall not more than six (6) feet in height, or
a hedge maintained so as not to exceed six (6) .feet in hegnE,
may be located along the side or rear lot lines, provided such
fence, wall or hedge does not extend into the required front yard
nor into the side yard .required along the side street on a corner lot,
except .where said side yard abuts a parkway of ten (10 ), feet or
more, which in this case shall also include that portion of the
rear yard abutting the intersecting street wherein accessory
buildings are prohibited, and provided further, that the provision
shall not be so interpreted as to prohibit the erection of a fence
enclosing an elementary or high school site, and provided further
that this provision shall not abrogate the requirements of the
Electrical Safety Orders of the Division of Industrial Safety,
State of California and compliance therewith shall be deemed to be
compliance with this ordinance.
"3. Height Limitations.
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"In any use district classified as R-l, R-2, or R-3
or P-1 used. as Residential, the following maximum height limitations
for fences are established:
"(a) No fence shall be greater than six feet
above the natural level of the ground in any area.
"(b) No fence shall be greater than four .feet
six inches in height in any area where the. distance, measured at
right angles, from the side of the proposed fence to any dwelling
is less than three feet.
"(c) IQo fence shall be erected more than forty--two
inches above the natural .level of the ground in any front yard
area, nor within the side yard area along the street line of a
corner lot. except:
"l. ~ fence not greater than six feet in
height- may be erected along the street line of a corner lot,
other than a reversed corner lot, beginning at a point opposite
to the rear line of the main building and ending at -the rear
property line of the lot or parcel of land adjacent to the rear
of said corner lot.
"2. A fence not greater than six feet
in height may be erected along the street line of a reversed corner
lot beginning at a point opposite the rear line of the main
building and either terminating at a point within not .less than
ten feet from the property line of the lot or parcel of land the
front yard of which is a continuation of the side yard of the
reversed corner lot, or at such point continuing at a forty--
five degree right angle to the property line of such lot or
parcel of land the front yard of which is a continuation of the
side yard at the reversed corner lot.
"Fehces' ih all use distridt5-other t_hah'residential.
In any district classified other than R-l, R-2, or R-3 no fence
shall be greater than four feet six inches in height in any
area where the distance, measured at right angles from either
side of the proposed, fence to any door or window of a building
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the first .floor of which is used for residential purposes, is
less than three feet.
`°4. Swimming Pool Fences. A swimming pool may be
located in any yard other than a front yard, or in a court,
provided:
"(a) The fence required to enclose a swimming
pool shall in no case extend into a rear yard or project beyond
a front wall of an existing dwelling that extends into a front
yard.
"(b) The fence required to. enclose a
swimming pool shall in no case extend into a rear yard or side
yard beyond the rear wall or side wall of an existing dwelling
that extends into a rear yard or a side yard, and the swimming
pool is located so that no part of it shall be nearer than
three feet to the required .fence or any building wall.
''5. Enclosures for parking lots and certain abutting
uses.
"When property being developed for parking abuts
property used for a residential purpose as herein defined, it
is the purpose of the City Council to provide maximum protection
to adjacent .residents from noise, smoke, fumes and unsanitary
and unsightly conditions; that to carry out this purpose a
masonry wall shall be erected and maintained along the common
property line of such abutting property as follows: That the
exact .design of the wall shall be within the discretion of the
Building Inspector except that the following standards shall be
followed and maintained:
"(a) The wall shall be a minimum of six (6)
feet in height (except as hereinafter provided) for the most of
its length, but shall be stepped-down in an atractive manner as
it approaches a public street to a minimum height of 36 inches.
"(b) If the sketch or plan submitted to the
Building Inspector in connection with an application for a
building permit, or a site plan filed with the City Manager,
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provides for more than 25 parking spaces, the City Manager,
or any other employee of the City designated by him shall take
a census, which may be herbal, of all adult residents whom he
is above to. contact, on one visit or by one written communication
who reside within 200 .feet of the property. lines of applicant's
property, to determine whether they prefer a wall having a minimum
height through most of its length of six (6) feet or eight (8) feet;
that said census shall be for the benefit of the City Manager
only and the result shall not, of itself, be determinative of the
height of the wall;;that if, in the discretion of the City
Manager, a wall eight (8) feet in height through most of its
length will best serve the interests. of the City and adjacent
property owners and residents, he shall negotiate a written
agreement with applicant whereby applicant agrees to build said
wall to a height of eight (8) feet through most of its length
as designated by the .City Manager and as agreed upon.
°`(c). Under no circumstances shall said wall
exceed eight (8) feet in heeght nor shall it be less than 36" in
height.
°i(d). That .the portion of the wall which is
eight (8) feet in height shall be not .less than six (6) .feet above
the surface of the parking lot and not less than eight (8) feet
above the surface of the adjoining property.
"(e). That the portion of the wall which is
six (6) feet in height shall not be less than four feet .above the
surface of the parking lot and not .less than six (6) feet above
the surface of the adjoining property.
"(f). Residential purposes as used herein shall
mean family and bachelor use for dwelling purposes and shall
exclude school use as .defined by Subsection 3 of Section 5.10
of City Ordinance No. 570..
"(g). Such wall shall not extend into the front
yard or side yard setback required in any abutting residential
or P zone used for residential uses. before City Ordinance No. 808
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became effective on October 5, 1966.
"(h). ti?here the property.being developed for
parking is across a street or highway. from property in a residential
zone or. a P zone used for .residential purposes before City
Ordinance No. 808. became effective on October. 5, 1966, such
fence or wall shall be 36 inches in height and shall be erected
and maintained. not less than. five (5) feet from the property line.
The area bettiaeen the property line of such fence or wall shall be
planted with lawn, shrubs or flowers, and shall be continuously
maintained in good condition. Where the property being developed
for parking is across a street or highway from property in any
other zone than a residential zone, or property in a P zone used
for residential purposes before City Ordinance D?o. 808 became
effective on October 5, 1966, and the property across from such
property being developed for parking is actually being used
for a residential purpose, such fence. or wall shall be 3-1/2 feet
in height, and shall be erected and maintained not .less than
five (5) feet from the property line, except that such fence
or wall may be closer than :five (5) .feet to the property line,
if the location and type of development is approved by the City
Manager. The fence or wall required along the front of such
property shall not be nearer to the front property line thane..
the required front yard or side yard of such abutting property
for a distance of fifty (50) feet from such common boundary line,
and shall be three and on-half feet (3-1/2) in height. The
area between the property line of such lot and such fence or
wall shall be planted with-lawn, shrubs, or flowers, and shall
be continuously maintained in good. condition. Where a C-3,
P~-l, or M-2 use abuts property in a residential zone or in
Zone P u ed for residential purposes, a masonry wall six (6) feet
in height shall be erected and maintained along the common
boundary line of such .abutting property.
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"(i) Where a C or PQ use abuts property in a
residential zone, a masonry wall of a height as determined in
(b) above shall be erected and maintained along the common
boundary of such abutting property. Such wall shall not be
less than four (4) .feet in height .above the natural level of
the ground classified for a C or M zone use immediately adjacent
to such wall, and not less than six (6) feet in height above
the surface of the adjoining property.
"6. Exceptions generally.
"Notwithstanding any other provisions of this
chapter, any portion of a fence or any gate connecting a fence
with a building may be erected to a height equal to the .height
of the main portion of the fence.
"In cases where an alley intersects a street or
another alley, no fence shall project into the corner cut-off
formed by a diagonal straight line connecting a point on the
alley property line and a point on the intersecting street or
alley property line, such points being located six (6) feet
equidistant from the point of intersection of such property line.
"Distance measurements as provided in this section
shall not apply to the wall of a garage attached to a dwelling
where such garage is located along any side or rear lot line.
"7. \ionconforming fences.
''Any fence lawfully erected or constructed prior
to January 3, 1863, (effective date. of Chapter 12, Lynwood City
Code), or prior to the effective date of this ordinance wherein
this ordinance materially changes, amends, or alters the former
sections of said Chapter 12 of the Lynwood City Code, and not.
conforming with the location requirements and height limitations
prescribed by said Chapter 12 shall be classified as nonconforming
and shall be subject to all applicable provisions. concerning
nonconforming uses.
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"8. Prohibited Fences.
"No barbed wire or other sharp pointed fence and
no electrically charged fence shall be erected, constructed, or
maintained in the city."
Section 2. Chapter 12 of the Lynwood City Code is
amended as follows:
"A. The title to Chapter 12 is amended to read as
follows: 'Fences, Safety and Construction Standards; Prohibited
Fences.'
"B. Section 12..3 is amended as follows: 'Swimming
pool fences require, safety standards.'
"(a) Every person owning land, or in possession
of land, within the City, either as owner, purchaser under contract,
lessee, tenant, or licensee, upon which a swimming pool is located,
shall erect and maintain thereon a fence or building wall enclosing
the area within which such pool is located. Such fence or wall
shall have no openings thereon more. than five inches in width, and
shall be not less than six (6) feet high and, except where such
wall is also the wall of a building, shall not be more than six
(6) feet high.
"(b) Any door or gate opening into the area in
which a swimming pool is located shall be equipped with self-
closing and self-latching .devices, so arranged that such closing
and latching devices cannot be operated or opened from a height
of less than four feet six inches above finished grade, and
designed to be inaccessible from the outside to small children
and intended to keep such gate or door securely closed when the
swimming pool is not in use; provided, however, that the door
of any building forming any part of the required enclosure need
not be so equipped.
"(c) No hedge or other plant material shall be
used as a fence to enclose any swimming pool as required by this
section.
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"(d) The provisions of subsections (a), (b), and
(c) of this section shall not apply to property upon which is
located .a public swimming pool for which a charge or admission
is required to be paid for the use thereof, nor to property used
for religious and educational institutions, apartment house, motel
or hotel purposes, if either:
"(1) A competent person is provided who
shall keep the swimming pool under observation at all times while
water is kept therein, or
"(2) A pool cover or other protective device
approved by the building inspector is provided, which cover or
device shall be in place at all times when such pool is not in
use or not under the observation of a competent person."
Section 3. Sections 12.2,. subparagraphs (a) and (b)
of Section 12..3 of Chapter 12 of the Lynwood City Code are hereby
repealed.
Section 4. The City Clerk is hereby ordered and
directed to certify to the passage of this ordinance and to cause
the same to be published once in the Lynwood Press, a newspaper
of general circulation printed and circulated in the City of
Lynwood.
First read at a regular meeting of the City Council o£
said City held on the 7th day of November 1867, and finally
adopted and ordered published at a regular meeting of said Council
held on the 2lstday of November 1967, by the following vote:
Ayes: Councilment Byork, Green, Siokos, Smith, Stevens.
Noes: Councilmen Nohe
Absent: Councilmen None.
/~M`~YOR OF THE CITY OF LYNWOOD
ATTEST:
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CITY CLERK, CITY OF LYNWOOD
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STATE OF CALIFORNIA ) ~ .
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said
city, do hereby certify that the above is a true and
correct copy of Ordinance No. 836 adopted by the City
Council of the City of Lynwood, and that same was passed
on the date and by the vote therein stated.
Dated this.2gth day of November , 1967
CITY CLERK, CITY OF LYNWOOD