Chapter 16.133 — ACCESSORY STRUCTURES, FENCES, AND RECREATION COURTS

These standards are intended to provide for the construction of fences, recreation courts, and other accessory structures, to control height, size and location of structures, to ensure the compatibility of development and land uses, to provide for privacy and protection against hazardous conditions, to preserve neighborhood character, and to protect access to light and air and privacy of residents. (08-05)

A. Required Compliance

No accessory structures shall be erected, and no existing structure shall be moved, altered or enlarged, nor shall any accessory structure be used, designed or intended to be used for any purpose or in any manner, except in accordance with the permitted uses and development standards of the district in which such structure is located and this chapter.

B. Main Building Required

No accessory structure shall be located on any parcel in a Residential District without a permitted main residential structure.

C. Required Area

No accessory structure, other than a garage or carport, shall be permitted in a single-family district, unless there is sufficient area on the site for the main residential building, 400 square feet of covered parking, and the accessory structure, and all structures are in compliance with the development standards for the district.

D. Required Setbacks

No accessory building or structure, including any athletic apparatus and children's play equipment, or part of thereof, shall be located within the required setbacks of the district in which such building or structure is located except as otherwise permitted in Chapter 16.130 and this chapter.

E. Maximum Height

The following height limits are in addition to the height limits specified in the development standards of each district:

1. Accessory Structures on Single-Family Residential Lots

   • a. On any single-family residential lot, accessory buildings and structures shall be limited to one story; they shall not exceed 15 feet in height; and they shall not exceed the height of the main residential structure, except if otherwise permitted by this Code. (See Chapter 16.130 for measurement of building height.)

2. Athletic Apparatus and Children's Play Equipment on Single-Family Residential Lots

   • a. On any single-family residential lot, no athletic apparatus, or other sports related accessory structures, such as basketball backboards, tetherball poles, etc. and no children's play equipment, such as swings, slides, jungle gyms, etc., shall exceed 13 feet in height, except as otherwise permitted by this chapter.

Fencing for sports related activities shall comply with requirements for recreation courts.

• b. Such apparatus or structure exceeding 13 feet in height, but not more than 15 feet in height, may be allowed only with a special use and development permit pursuant to Chapter 16.306 .

• F. Maximum Floor Area

On any single-family residential lot excepting in the RR Rural Residential Districts, accessory buildings shall have a maximum floor area of 300 square feet, excepting that an additional 400 square feet may be included for required parking for the primary dwelling unit on lot, and an additional 700 square feet may be included for an accessory second unit, provided such accessory unit is in compliance with Chapter 16.333 , Accessory Second Unit.

In the RR Rural Residential Districts, accessory buildings shall be subject to the maximum floor area standard set forth in Chapter 16.007 .

(08-05)

• A. Measurement of Height of Fences

For the purposes of this chapter, the height of a fence shall be measured from the average elevation of the existing grade within five feet of the fence, or when the fence is located between two properties, the height of the fence shall be measured from the existing grade on the higher side of the fence, provided that no fence shall exceed a height of ten feet measured from grade on the lower side of the fence, unless a higher fence is required as a condition of a conditional use permit or Architectural Commission approval of a project.

The maximum height of a fence may vary by an amount not to exceed six inches to accommodate grade changes, provided, however, that in no event shall the average height of such fence exceed the maximum height specified.

• B. Permitted Fences and Architectural Landscape Features

Fences and architectural landscape features, including but not limited to planters and similar features, may be constructed and maintained in any district subject to the following requirements:

1. Fences and Architectural Landscape Features in Side and Rear Yards Fences and architectural landscape features no greater than six feet in height may be constructed in any required interior rear or side setback and along rear and interior side setbacks behind the front or street side setback line.

2. Fences and Architectural Landscape Features in Front and Street Side Yards

   • a. Fences and landscape features no greater than three feet in height may be constructed within front and street side setback areas.

   • b. Gates no higher than three feet in height may be constructed within front and street side setbacks, provided that any gate constructed on or over a driveway shall be located no closer than 20 feet to the front or street side property line, or public sidewalk, whichever is closest to the gate.

   • c. Architectural landscape features, excepting fences, that exceed three feet in height such as posts and lamp fixtures, fountains and other similar type structures may be located in any front or street side setback, subject to the following requirements:

     • i. Such architectural features shall be located no closer than eight feet to the front or street side property line.

     • ii. Such structures shall have a height of no more than eight feet.

     • iii. Such architectural features are subject to architectural review pursuant to Chapter 16.300 .

     • iv. No part of the architectural features extending three feet above grade shall have a solid horizontal surface with a dimension of 24 inches or more.

     • v. All outdoor lighting shall comply with the outdoor lighting standards in Chapter 16.154 .

3. Permitted Fences Greater Than Six Feet

   • a. A fence exceeding six feet in height may be permitted if required as a condition of a conditional use permit or Architectural Commission approval of a project.

• b. A fence greater than six feet but less than eight feet in height may be permitted in required rear or interior side setbacks with a special use and development permit provided the fence is constructed behind the front or street side setback line, and the Director determines that a height of more than six feet is necessary for privacy or safety reasons.

4. Exempted Fences

Any fence required by any law or statute is exempted from the regulations and standards of this title, provided such fence does not exceed the height required by such law or statute.

5. Fences for Recreation or Athletic Court and Equipment

All fences for outdoor recreation or athletic courts and equipment shall comply with the standards and restrictions for recreation courts of this chapter.

6. Metal Fences in the RR District

In the RR District, all fences made of metal shall be a dark matte color.

7. Barbed Wire Fences

No barbed wire fences are permitted except with a special use and development permit pursuant to Chapter 16.306 .

• C. Required Fences

  1. Required Wall Along District Boundary Lines

A solid masonry wall of not less than six feet nor more than eight feet in height (except not over three feet in height within a required front or street side setback) shall be erected along any property line, not abutting the public right-ofway, which is a District Boundary Line separating any Single-Family Residential District from any Multiple Family, Commercial or Industrial District. Such wall shall be constructed in conjunction with the development of any property abutting such district boundary line.

2. Required Fences or Walls Between Different Uses and Areas

The construction of a solid fence separating or screening one use or area from another may be a condition of a conditional use permit or Architectural Commission approval of any project. The design of such fence shall be per a plan approved by the Architectural Commission. (See Chapter 16.136 for fence requirements in conjunction with the development of parking lots.)

3. Required Pool Enclosures

All pools shall be enclosed by a structure and/or fence not less than five feet in height measured from the outside ground level at a point 12 inches horizontal from the base of the fence or wall. Openings in the fence shall be no larger than 3-1/2 inches. Any gate or door to the outside shall be equipped with a self-closing device and a self-latching device located not less than four feet six inches above the ground. Such fences and gates shall meet City specifications.

Conditions existing as of July 12, 1972, which do not conform to this section, need to be brought into compliance only upon the finding, by resolution of the City Council, that a hazard to public safety exists.

(08-05; 12-01)

• A. Permitted Recreation and Athletic Courts

In residential districts, the following outdoor recreation and athletic courts are permitted:

1. Any recreation or athletic court, without lighting, less than 500 square feet, with fencing or other enclosures no more than six feet in height, provided such court is not in required front or street side setbacks. Such a court may be located within interior side and rear setbacks if not sunk below the existing grade level.

2. Any recreation or athletic court, without lighting, more than 500 square feet, with fencing or other enclosures no more than six feet in height from grade level, provided such court is not in required front or street side setbacks and is no closer than ten feet to interior rear or side property lines. Courts may be sunk below the existing grade to meet these requirements.

• B. Recreation and Athletic Courts Requiring Special Use and Development Permits

In residential districts, outdoor recreation or athletic courts with lights are permitted only with a special use and development permit, pursuant to Chapter 16.306 , and subject to the lighting development standards below.

• C. Recreation and Athletic Courts Requiring Conditional Use Permits

In residential districts the following outdoor recreation and athletic courts are permitted only with a conditional use permit pursuant to Chapter 16.303 :

1. Courts with lights more than 14 feet above grade level.

2. Courts with fencing more than six feet above grade level.

   • a. All fencing above the six feet in height shall be constructed of wire mesh, or similar material, capable of admitting at least 90 percent of light as measured on a reputable light meter.

   • b. In the RR Districts, all courts with fencing more than six feet in height shall not be located closer than 35 feet from rear or side property lines; however, any recreation or athletic court located on a lot adjacent to Mills or Padua Avenues shall not be located closer than 45 feet to the property lines adjacent to these streets.

• D. Development Standards for Recreation and Athletic Courts

The following development standards shall apply to all outdoor recreation and athletic courts in residential districts:

1. No recreation or athletic courts are permitted in any front or street side setback, or in any City easement.

2. No recreation or athletic courts greater than 500 square feet are permitted within ten feet of any interior rear or side property line, or landscape, equestrian, or pedestrian easement.

3. All fencing shall be no more than six feet above grade level, and no more than 10 feet above court level, except if approved with a conditional use permit.

4. All recreation court fences made of metal shall be a dark matte color.

5. Landscaping is required for all recreation and athletic courts greater than 500 square feet, to screen any fencing, equipment or athletic apparatus from adjacent properties and all rights-of-way. Such landscaping shall achieve its screening effect within three years after planting. Landscaping plans for the area between the sports court and adjacent properties shall be submitted to the Director of Community Development for review and approval prior to the issuance of a building permit.

6. Any recreation court or athletic court with an impervious surface of greater than 500 square feet requires a French drain or similar percolation system to be constructed in conjunction with such court in order to provide for on-site drainage of run-off into the aquifer. The plan for this system shall be submitted before the issuance of a building permit. Said system shall be maintained so as to be functional.

7. All lighting, if permitted with a special use and development permit or a conditional use permit, shall comply with the following restrictions:

   • a. All lighting shall comply with the environmental protective standards for outdoor lighting in Chapter 16.154 .

   • b. No more than six light fixtures and six supporting poles are permitted.

   • c. Lighting and light fixtures shall not be more than 14 feet above grade level, and no more than 18 feet above the court level for sunken courts, except if otherwise permitted through a conditional use permit.

   • d. Light fixtures and supporting poles shall be coated with a dark, low reflective material.

   • e. The power rating of the lamp shall not exceed 1,000 watts per light fixture.

   • f. No court lighting shall be operated before 7:00 a.m. or after 10:00 p.m. Such lighting shall be installed with either a timing device to turn off the court lights at one-hour intervals, or a motion sensor.

   • g. All court lighting is subject to review for a 30-day period after installation by the Director of Community Development to determine compliance with the above and Section 16.154.030 .

• E. Replacement Lighting and Fencing for Existing Recreation Courts

For recreation and athletic courts constructed in residential districts prior to January 9, 1992 any existing fencing or lighting which was erected in compliance with all applicable ordinances and codes, but which does not conform to the provisions of this chapter, may be maintained, repaired and may be replaced subject to approval of the replacement materials and design by the Director, provided the height of any replacement fencing does not exceed ten feet in height and does not exceed the height of the previous fencing, and the lighting is no more than 14 feet above grade level, no more than 18 feet above the court level for sunken courts, and does not exceed the height of the previous lighting. A conditional use permit shall be required for replacement of fencing and lighting, which exceeds the above heights. (08-05)

• A. No portable, collapsible, or permanent shade structure made of canvas, vinyl, aluminum, wood, or similar materials, used to protect vehicles or shelter goods, shall be erected, installed, or maintained in any residential yard area that is not enclosed with a wall, a non-transparent fence, or continuous row of shrubbery, not less than five feet high. This section shall not apply to a garage or carport for which a building permit has been issued.

• B. A portable or collapsible shade structure used to protect vehicles or shelter goods may be placed in an interior yard area that is enclosed with a wall, a non-transparent fence, or continuous row of shrubbery, not less than five feet high.

• C. A portable or collapsible shade structure located within a required interior setback shall have a height of no more than ten feet.

• D. All portable or collapsible shade structures shall be maintained in good condition, and shall be removed or replaced when deteriorated from sun or wind.

(08-05)