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HomeMy Public PortalAboutOrd. 0836'" 43~ pah .- , 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. -1- "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 -2- 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, -3- 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 -4- 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. -5- "(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. -6- "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. -7- "(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: ~/ CITY CLERK, CITY OF LYNWOOD -8 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