HomeMy WebLinkAboutOrdinance 263An Ordinance Amending the Saratoga Municipal Code to amend and clarify existing
provisions of the City Code regarding fences, walls, and hedges
Findings
Section 1. Adoption.
ORDINANCE NO. 263
1. The City of Saratoga wishes to update the rules and standards applicable to fences,
retaining walls, and similar structures in the City of Saratoga.
2. The Planning Commission of the City of Saratoga considered a range of amendments to
the City Code, conducted four public meetings including a noticed public hearing at
which public testimony and all written materials were considered, and on November 12,
2008 recommended that the City Council adopt a Negative Declaration and the proposed
amendments to the City Code.
3. The City Council has adopted a resolution pursuant to the California Environmental
Quality Act (CEQA) adopting a Negative Declaration and finding no evidence that the
amendments contained in this ordinance may have a significant adverse effect on the
environment.
Therefore, the City Council hereby ordains as follows:
Articles 15 -06 and 15 -29 of the Saratoga City Code are hereby amended as set forth in
Attachment A. Words shown in bold underlined text (example) are added to the code and words
shown in strikeout (example) are added to the code. Words in standard font are unchanged from
the existing Code. Sections within an Article that are not included in Attachment A are
unchanged from the existing Code.
Section 2. Severance Clause.
The City Council declares that each section, sub section, paragraph, sub paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub section,
paragraph, sub paragraph, sentence, clause and phrase of this ordinance. If any section, sub section,
paragraph, sub paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
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The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 4 th day of February, 2009, and was adopted by the following
vote following a second reading on the 18 day of February, 2009:
AYES: Councilmember Susie Nagpal, Howard Miller, Vice Mayor Kathleen
King, Mayor Chuck Page
NAYS: Jill Hunter
ABSENT: None
ABSTAIN: None
Ann Sullivan,
Chuck Page,
CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY OF Si' TOGA
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
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Article 15 -06 DEFINITIONS
Attachment A
Amendments to Saratoga City Code Articles 15 -06 and 15 -29
15- 06.261 Fence.
"Fence" means any structural device, other than a wall of a building, forming a physical barrier
by means of glass, wood, masonry, metal, chain, brick, stake, plastic, concrete block, wrought
iron, wire, or other similar materials. A wall, other than a wall of a building or a retaining
wall, is considered a fence.
15- 06.341 Height of fence s, alis an'a hcdgcs.
"Height of fences, walls and hedges" means a vertical line from the highest point of the fence
(including lattice or similar material), wall or hedge to a point directly below at either the
natural grade or the finished grade, at the owners choice. whichever grade is lower. Whcr-
fence is constructed upon, or approximately parallel to and within two feet of the top of a
fence to the bottom of the retaining wall in the manner prescribed herein. Where there are
differences in grade between adjacent properties, the fence height is measured from the
property with the hi h r r d unl s ifferent m m n standa d s flies s ursuant
to another section of this Code.
15- 06.xxx Hedge.
m .n
n•i rr
t
PropertyA r
(grade)
of tr
h
2' lattice
6 fence
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Property B
(grade)
h r na u .1 landsc
i r•: The na
n d in a linear and
r .1 1: ndsca
in must be
able to stand on its own and shall not require supports upon maturity. A hedge is not a
fence.
15- 06.xxx Height of retaining wall.
"H i h ti in w :11" m v r i l lin from he hi h s in of th retainin wall
to a point directly below the lowest natural grade unless a different measurement standard
applies pursuant to another section of this Code.
15- 06.xxx Retaining Wall. "Retaining Wall" means a structural device constructed and
erected to resist lateral pressure from earth or to retain soil.
-End of Amendments to Article 15-06-
Article 15 -29 FENCES, WALLS AND HEDGES
15- 29.010 Height restrictions.
(a) General regulations.Gcncral regulation. Except as otherwise specified in this Article, no
fence or wall shall exceed six feet in height. A building permit shall be required for any
fence more than six feet in height (including lattice or similar material). Height maximums
and permitted materials for fences shall be as follows:
(1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed
six feet in height. However, up to two feet of lattice (or similar material) that is at
least twenty -five percent open to the passage of light and air may be added to the
top of a solid fence. A solid fence taller than six feet shall not be permitted unless
approved by the Planning Commission through the exception process detailed in 15-
29.080, or annroved by the Community Development Director pursuant to sections
15- 29.030,15- 29.040, or 15- 29.050 of this Chapter.
(2) Open fences. Except as otherwise specified in this Article, open fencing, such as
wrought iron, wire material, split rail, chain link, or other similar fencing shall not
exceed eight feet in height. With the exception of chain link fencing, open fencing
shall have openings sufficient to allow the unobstructed passage of a sphere having a
diameter of four inches. For chain link fencing, the opening shall be two inches at
minimum and no slats are allowed in any opening.
(b) Front setback area. No fence located within any required front setback area shall exceed
three feet in height.
(c) and eExterior side setback area of reversed corner lots. No fence or wall located within any
required exterior side setback area of a reversed corner lot shall exceed three feet in height.
(d) The height limitations do not apply to the following circumstances: Exceptions to these
height limitations are as follows:
(4) A fence or wall lawfully constructed prior to March 20, 1987, may extend to a height not
exceeding six feet, if such fcncc or wall docs not cr ate a safcty hazard for vehicular, pedestrian
or bicycle traffic and docs not obstruct the safe access to or from adjacent properties; provided,
however, that upon the destruction or removal of more than one half of the le: g h -ef—sueh
nonconforming fence or wall, any replacement fence or wall shall not exceed three fe et,
(2) ill Wrought iron entrance gates within the front setback area, designed with openings to
permit visibility through the same, may extend to a height not exceeding five feet, and shall be
located a minimum of twenty feet from the edge of street pavement.
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Safety railings that are required by the Uniform California Building Code shall be
excluded from the height requirements of this Section.
(3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence
within a front setback area or within an exterior side setback area, may be permitted to a
maximum height of eight feet, a maximum width of five feet, and a maximum depth of five
feet.
(4) On any lot where the front setback area, or a portion thereof, of the subject r+ ert
(1) does not have street frontage as defined by Article 15- 06.290 and (2) the front lot line, or
a portion thereof, of the subject property abuts the side or rear setback area of an adjacent
property, the maximum permitted fence height for a side or rear setback area shall be
permitted within the front setback area of the subject property where it abuts the side or
rear setback area of an adjacent property.
(e) Street intersections. No fence, wall or compact, hedge, retaining wall, entryway
element, pilaster, gate, or other similar element located within a triangle having sides fifty
feet in length from a street intersection, as measured from intersecting curblines or intersecting
edges of the street pavement where no curb exists, shall exceed three feet in height above the
established grade of the adjoining street.
(f) Driveway Intersections. No fence, hedge, retaining wall, entryw element, pilaster,
gate, or other similar element located within a triangle having sides twelve feet in length
from either side of a driveway where it intersects with edge of pavement shall exceed three
f i h ht b h i. r f th d'oinin Pr tr es d s ribed
in section 15- 50.050 of this Code are not subject to this requirement.
r
r lam..
2'
2•
Property Line
Edge of pavement
Vehicular Obstructions No fence, h edge retaining wall, entryway element, or any
other similar element shall constitute an obstruction as provided for in City Code Section
10- 05.030.
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ffl 01) Recreational courts. Fencing around recreational courts shall comply with the regulations
contained in Section 15- 80.030(c) of this Chapter.
(e) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in
relationship to the nature and style of the fence, may extend to a height of not more than two feet
above the height limit applicable to the fence containing such pilasters, but in no case shall the
height of pilasters exceed eight feet. If pilasters within the front setback area are attached
to a wrought iron entrance gate, the pilasters are permitted to a maximum height of seven
fedi
(.0 Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the
entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures
shall be installed at each driveway and sidewalk entrance.
k w'mmin Po 1 F n F n es r uired for wim in s ool are ov rned b Cit
Code Section 16 75.010 and 15- 29.020(el.
(g) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the
foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet
in height.
r ar setback ar a or interior side setback arca of a residential site which abuts a commercial
district. The Community Development Director may impose such conditions deemed appropriate
to mitigate any visual or other adverse impacts of the fence, including, but not limited to,
requirements with respect to the design and materials of the fence and landscape screening.
Development Director on such form as he shall prescribe, and shall be accompanied by a
processing fee in such amount as establish
15- 29.020 Fencing within hillside districts.
In addition to the regulations set forth in Section 15- 29.010 of this Article, fences and walls
located within an HR or R -OS district shall comply with the following regulations:
(a) (E) Area of Enclosure Except for fencing which constitutes part of a corral, no fencing
on a single site shall encompass or enclose an area in excess of six thousand square feet or
15 percent of the gross site area, whichever is greater, unless approved by the Planning
Commission. The fencing shall meet the requirements stipulated in 15- 29.010 of this
66 n ,n in hi s ti n h .11 m n i rround an are
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with a continuous fence or a fence.
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Fn'n Ex f .hih in i t •artofa
n
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area of enclosure shall not exceed three feet in height, and shall be split rail fencing, stone
wall, or stucco.
(a) Length of solid fcnccs and walls. Solid fcnccs and walls, having no openings to permit
visibility through the samc, shall not have a length exceeding sixty feet, as viewed from any
street or adjacent property. This restriction shall not apply to retaining walls.
(c) (b-) Parallel retaining fences and walls. Parallel retaining fences and walls shall be separated
by a horizontal distance of not less than five feet. Where two or more fences or retaining walls
are approximately parallel to each other and separated by a horizontal distance of thirty feet or
less, the combined height of such fences or walls shall not exceed ten feet.
(d) Wildlife trails. No fence shall unreasonably impede the movement of wildlife animals
utilizing an established trail or migratory route which crosses the site.
4e Ar a of enclosure. Except for fencing around recreational courts and fencing which
constitutes part of a corral, no fencing on a single site shall encompass or enclose an area in
excess of four thousand square fcct (excluding the ar of any pool) unless approved by the
Planning Commission, whi
landscaping or other features of thc site.
Planning Commission for a "designated neighborhood ar a," as hereinafter defined, in response
conduct a public hearing on the petition, with noticc thereof scnt by mail at least ten days prior to
the date of thc h aring to all persons owning property located within the designated
for granting an cxcmption, the Planning Commission may establish al
pertaining to the amount of enclosure, the design and type of fcncing, and mitigation of visual
impacts; provided, however, in no event shall such rules permit enclosure of more than sixty
dedicated as open hborhood arca," as used in subsection (c)(3)
of this Section, means a geographic portion of a hillside zoning d'
Planning Commission, consisting of not less than ten lots which are contiguous to each other.
Lots which are separated only by a street shall be considered contiguous. If a petition for
exemption is presented by owners of any lots shown on a recorded subdivision or tract map, the
Planning Commission may, in its discretion, require that all of the lots shown on such map be
included within the designated neighborhood ar a. Additional contiguous lots may be annexed to
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by tho Planning Director, based upon his determination that thc additional lot has similar
(d) Wildlife trails. No fcncc shall unr asonably impede—the movement of wildlife animals
utilizing an established trail or migratory route which crosses the site.
(c) Wire fences. Wire- fencing, other than chain link, barbed wide or gamed wire, smell be
permitted only if the space between the wire is sufficient to allow the unobstructed passage -of a
sphere having a diameter of four inches and the wire is black or otherwise colored to blend with
the terrain. Chain link fcncing shall be permitted only for recr ational courts and shall similarly
be colored to blond with the terrain. No barbed wire fencing shall be allowed except as permitted
by Section 15 29.050 of this Article.
(e) Swimming Pool Fences within hillside districts. When a fence already encompasses or
encloses six thousand square feet or more on a single site, and a swimming pool fence is
required for a swimming pool that is not located within the area of enclosure as described
in Article 15 -29 020(h) an add itional area around the swimming pool may be enclosed with
a fence, provided the swimmin *Ill f nce fill. he ont r of of with n more
than ten feet of distance located between the fence and edge of water.
(f) The provisions of this Section shall not apply to any property located within and constituting
a part of Tract 7763, as shown on the subdivision map thereof recorded in the office of the
County Recorder.
(g)_Any pro er locate within and constituting a part of Tracts 6526 and 6528 (Parker
Ranch Subdivision), as shown on the ubdivision map thereof recorded in the office of the
R or e 1. t i i s 1. d i' i .1 n FE -90 -101 or
successor amendments.
(h) 15- 29.030 Fencing adjacent to commercial districts. The Community Development
Director may issue a special permit to allow a solid fence, or other type of fence permitted by
this Chapter, fcncc up to a maximum of eight feet in height where such fence is installed along
a rear setback area or interior side setback area of a residential site which abuts a commercial
district. The Community Development Director may impose such conditions deemed appropriate
to mitigate any visual or other adverse impacts of the fence, including, but not limited to,
requirements with respect to the design and materials of the fence and landscape screening.
Applications for a special permit under this subsection shall be filed with the Community
Development Director on such form as he shall prescribe, and shall be accompanied by a
processing fee in such amount as established from time to time by the City Council.
15 29.030 15- 29.040 Fencing to mitigate noise from certain arterial streets.
(a) For the purpose of noise mitigation, a solid fence, or other type of fence permitted by this
Article, exceeding the height otherwise prescribed in this Article as the limit for such fence may
be located within any required setback area abutting Prospect Road, Saratoga/Sunnyvale Road,
Quito Road, the portion of Saratoga Avenue between Fruitvale Avenue and Lawrence
Expressway or the portion of Cox Avenue between Saratoga/Sunnyvale Road and Saratoga
Avenue, upon the issuance by the Community Development Director of a fence permit and
subject to the following provisions:
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(1) Where the fence is located within an exterior side setback area or rear setback area abutting
one of the arterial streets specified herein, the fence shall not exceed eight feet in height at the
property line, plus one additional foot in height for each additional five feet of setback from the
property line, up to a maximum height of ten feet if the fence is still located within a required
setback area.
(2) Where the fence is located within a front setback area abutting one of the arterial streets
specified herein, the fence may be located no closer than ten feet from the front property line and
shall not exceed eight feet in height, plus one additional foot in height for each additional five
feet of setback from the front property line in excess of ten feet, up to a maximum height of ten
feet if the fence is still located within the required front setback area.
(3) Where a street line is located within a site, the location and setback of the fence as specified
in subsections (a)(1) and (2) of this Section shall be determined by the street line rather than the
property line.
(4) The applicant shall landscape and permanently maintain an area parallel to and along the
entire exterior side of the fence facing the street, in accordance with a landscape plan approved
by the Community Development Director. All or any portion of such area may be located within
the public right -of -way, subject to approval by the Community Development Director. The
landscaped area required herein shall be not less than five feet in width, except that where the
available space between the fence and the interior edge of the sidewalk, or the edge of the street
pavement where no sidewalk exists, is less than five feet, the Community Development Director
may approve a landscape area of not less than two feet. Prior to issuance of the fence permit, a
landscape maintenance agreement shall be executed by the applicant and recorded in the office
of the County Recorder, which agreement shall constitute a covenant running with the land.
(5) The design of the fence shall be subject to approval by the Community Development
Director, based upon a finding that the fence is compatible with existing or proposed structures
on the site and upon neighboring properties.
(6) No permit shall be issued if the Community Development Director finds that the fence will
constitute a hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the
public health, safety or welfare.
(b) Applications for a fence permit under this Section shall be filed with the Community
Development Director on such form as he shall prescribe, and shall be accompanied by a
processing fee in such amount as established from time to time by resolution of the City Council.
15 29.010 29.050 Fencing adjacent to scenic highways.
In addition to the regulations set forth in Section 15- 29.010 of this Article, fences adjacent to
State designated scenic highways shall comply with the following requirements:
(a) Fence permit. No person shall construct any fence or wall which faces and is located within
one hundred feet from the right -of -way of a State designated scenic highway without first
obtaining a fence permit from the Planning Director. Application for such permit shall be
submitted to the Planning Director on such form as he shall prescribe, and shall be accompanied
by a processing fee in such amount as established from time to time by resolution of the City
Council.
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(b) Setback. No fence or wall shall be constructed within fifteen feet from the property line
abutting the right -of -way of a scenic highway. The Planning Director may require this minimum
setback to be increased to a maximum of one hundred feet if he determines that such increased
setback is necessary to preserve the scenic qualities of the highway.
(c) Color, material and design. Fences er-wls adjacent to scenic highways may be constructed
of wood, stone, stucco, masonry, wrought iron or similar material, but no chain link, plastic or
wire fencing shall be permitted. The design, color and materials of the fence or wall shall be
subject to approval by the Planning Director, based upon a finding that the fence or wall will not
adversely affect the scenic qualities of the highway and will be compatible with the natural
terrain.
(d) Landscape screening. The applicant shall landscape and permanently maintain an area
parallel to and along the entire length of the exterior side of the fence er -wall facing the scenic
highway, in accordance with a landscape plan approved by the Planning Director. Such
landscape plan shall provide for the planting of trees and vegetation that are native to the area,
fast growing, and require little or no maintenance. The Planning Director shall not approve the
landscape plan unless he finds that the proposed landscaping will effectively screen the fence
from public view and enhance the visual appearance of the scenic highway. Prior to issuance of
the fence permit, a landscape maintenance agreement shall be executed by the applicant and
recorded in the office of the County Recorder, which agreement shall constitute a covenant
running with the land.
(e) Height. The height of any fence er -wall adjacent to a scenic highway shall comply with the
regulations set forth in Section 15- 29.010 of this Article; provided, however, where the applicant
demonstrates to the satisfaction of the Planning Director that his property is subjected to greater
noise impacts from the scenic highway as compared generally with other properties located
adjacent to such highway, the Planning Director may approve a fence or wall not exceeding eight
feet in height. As a condition of such approval, the Planning Director may require increased
setbacks and landscaping to mitigate the visual impact of the higher fence or wall.
(f) Excmption. This Section shall not apply to a fcncc lawfully constructed prior to March 20,
1987, if such fcncc docs not create a safety hazard for vehicular, pedestrian or bicycle traffic and
does not obstruct the safe access to or from adjacent properties; and provided further, that upon
the destruction or removal of more than one half of the length of such nonconforming fence, any
replacement fcncc shall comply with the permit requirement and restrictions specified in this
Section.
15 29.050 29.060 Barbed wire and electrified wire prohibited.
No fence or wall constructed or installed within the City shall contain barbed or electrified wire
unless approved by the Planning Commission, based upon a finding that the barbed or
electrified wire is necessary for security purposes and that measures will be taken, when
appropriate, to mitigate any adverse impacts of such wire.
15 29.060 29.070 Fences adjacent to heritage lanes.
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In addition to the regulations set forth in Section 15- 29.010 of this Article, fences adjacent to a
designated heritage lane shall comply with the following requirements:
(a) Fence permit. No person shall construct any fence er -wall which faces and is located within
fifty feet from the right -of -way of a designated heritage lane, and which exceeds three feet in
height, without first obtaining a fence permit from the Community Development Director.
Application for such permit shall be submitted and processed in the manner provided in Article
13 -20 of the City Code. If the Heritage Commission recommends issuance, the Community
Development Director shall issue the permit in accordance with those recommendations and any
condition related but not limited to the design standards set forth in subsections (c), (d), (e) and
(f) of this Section and pursuant to the process prescribed in Article 13 -20.
(b) Supporting data. The level of detail of the supporting data required by Section 13- 20.030
shall be determined by the Community Development Director to allow adequate review of the
proposed fence or wall.
(c) Setback. No fence er wall which exceeds three feet in height shall be constructed within the
required setback area fronting a heritage lane. This minimum setback may be required to be
increased to a maximum of fifty feet upon the finding that such increased setback is necessary to
preserve the historic qualities of the heritage lane.
(d) Color, material and design. Fences or walls adjacent to a the heritage lane may be constructed
of wood, stone, masonry, wrought iron or similar material. The design, color and materials of the
fence or wall shall be approved based upon a finding that the fence or wall will not adversely
affect the historic qualities of the lane and will be compatible with the design and materials of
existing buildings on the site and structures on adjacent properties.
(e) Height. The height of any fence erll adjacent to theme heritage lane shall comply with the
regulations set forth in Section 15- 29.010 of the City Code.
(f) Landscaping. The applicant shall landscape and maintain an area within the right -of -way,
parallel to and along the entire length of the exterior side of a fence erll in excess of three feet
in height and facing the heritage lane, in accordance with a landscape plan approved by the
Community Development Director. Such landscape plan shall provide for the planting of trees
and vegetation that are native to the area and require little or no maintenance. The landscape plan
may be approved by the Community Development Director upon the finding that the proposed
landscaping will effectively blend the fence with its environment and enhance the visual
appearance of the lane.
(g) Exemption. This Section shall not apply to a fence lawfully constructed prior to September
16, 1992, if such fence docs not create a safety hazard for vehicular, pedestrian or bicycle traffic
and docs not obstruct the safe access to or from adjacent properties; a
in this Section.
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15- 29.080 Exemption for Agricultural Uses. Fencing around the immediate perimeter of an
orchard, vineyard, equestrian facility or similar agricultural use is xem t from this
r i 1 his x s i s n li i r is 'n' i f fr i nd nu tr es v etables and
horticultural specialties, but does not include nurseries, greenhouses or storage of
landscaping equipment, products or supplies for commercial uses.
15- 29.090 Fence Exceptions.
(a) The owner(s) of a fence, or proposed fence, including_an es or I ilasters attach d
h r m: r t Plan in im i ion •r :n .n ex s iin i he re'ulations
regarding fences. The Planning Commission may grant this exception if all of the following
findings are made:
(1) The subject fence will be compatible with other similar structures in the
neighborhood;
(2) h i it r f i b'ec f n will s ru ted i f rials that are of hi h
quality, exhibit superior craftsmanship, and that are durable;
(3) The modification will not impair the integrity and character of the neighborhood
in which the fence is located;
(4) The granting of the exception will not be detrimental or injurious to the
property, adjacent neighbors, or improvements in the general vicinity and
district in which the property is located; and
(5) The granting of the exception will not create a safety hazard for vehicular,
pedestrian or bicycle traffic and does not obstruct the safe access to and from
adjacent properties.
(b) For exce tip 'ons proposed in the HR or R OS districts, the Planning Commission may
grant the exception if, in addition to the findings made in subsection (a), it also makes all of
the following findings:
(1) The visibility of the fence from public streets and adjacent properties will
substantially be reduced by the topography, landscaping or other features of the
site; and,
(2) The fence does not unreasonably impede the movement of wildlife animals
utilizing an established trail or migratory route which crosses the site; and,
(3) In the event the exception is to increase the area of enclosure pursuant to Section
15- 29.020(a), the increased area of enclosure is required for safety reasons.
(c) A public hearing on the application for exception approval under this Article shall be
required. Notice of the public hearing shall he given not less than ten days nor more than
thirty days prior to the date of the hearing by mailing, postage prepaid, to the applicant
and to all persons whose names appear on the latest available assessment roll of the County
as owning property within five hundred feet of the boundaries of the parcel which is the
subject of the application. Notice of the public hearing shall also be published once in a
newspaper having general circulation in the City not later than ten days prior to the date of
the hearing.
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d i i s i r a• r in i n m. i e v Planning Commission u d this Arti ma
b a al o h i it in rdan i h th s roced r s for in Article 1 0
of this Chapter.
15 -29 100 Existing Legal Non Conforming Fences, Pilasters, Entryway Trellises.
This Article shall not require any modification to any f pilaster e ntry viy o r trellis
h w in 'm li.n wi h h i t th im wa il fir h surso s of his
Article, a "Legal Non Conformin F n
U on 1 ru ti 1 n it r•mov: of mor• than
on lf e L 1 f 'i.Fn ir Im thr sfn new enc or
element shall be constructed to meet height requirements as prescribed in this Article or be
approved by an exception process described in section 15- 29.080 of this Article.
15- 80.030 Special rules for accessory uses and structures in residential districts.
(c) Recreational courts. Subject to approval by the Community Development Director,
recreational courts may be allowed, provided that such recreational courts shall comply with all
of the following restrictions, standards and requirements:
(1) The recreational court shall not exceed seven thousand two hundred square feet in area.
(2) The recreational court shall not be illuminated by exterior lighting.
(3) No direct opaque screening shall be utilized around any portion of the recreational court.
(4) No fencing for a recreational court shall exceed ten feet in height.
(5) No recreational court shall be located in a required front or side setback area. Such courts
may be located within a required rear setback area, but no closer than fifteen feet from any
property line.
(6) The natural grade of the area to be covered by the recreational court shall not exceed an
average slope of ten percent, unless a variance is granted pursuant to Article 15 -70 of this
Chapter.
(7) The recreational court shall be landscaped, in accordance with a landscape plan approved by
the Community Development Director, so as to create a complete landscaping buffer from
adjoining properties within two years from installation. In addition, a bond, letter of credit or
other security, in such amount as determined by the Community Development Director, shall be
furnished to the City to guaranty the installation of the landscaping improvements in accordance
with the approved landscaping plan.
(8) The recreational court shall be designed and located to minimize adverse impacts upon trees,
natural vegetation and topographical features and to avoid damage as a result of drainage,
erosion or earth movement.
(9) The recreational court shall be designed to preserve the open space qualities of hillsides,
creeks, public paths, trails and rights -of -way on or in the vicinity of the site.
End of amendments to Article 15 -29
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