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CHAPTER 23 ZONING

 

ZONING AND DEVELOPMENT, ADVERTISING AND SIGNS,

FENCES AND WALLS

 

SUBJECT ARTICLES

 

General Provisions 01
R-1 Single Family Dwelling Zone 02
C-1 Commercial Zone 03
P & R Park and Recreational Zone 04
Historical and Cultural Zone 05
Requirements and Restrictions Generally 06
Variances and Conditional Permits 07
Amendments and Boundary Changes 08
Minor Exception and Temporary Uses 09
Off-Street Parking 10
Environment Fees 11
Signs 12
Fences and Walls 13
Transportation Demand Management 14
Design Review Committee 15
Enforcement, Violations and Penalties 16

Note:  You can search for specific words by using the Edit - find capability of your browser

 

ARTICLE 01

GENERAL PROVISIONS - Back to top

 

SECTION:

23.01.01: Definitions

23.01.02: Short Title

23.01.03: Purpose Of Chapter

23.01.04: Violations Of Chapter

23.01.05: Zones And Area Districts Established; Delineation Of Zones And Districts On Zone Map

23.01.06: Considerations Given Creation Of Zones And Districts

23.01.07: Boundaries Shown On Zone And Yard Maps Adopted

23.01.08: Rules Applying Where Uncertainties Exist As To Boundaries On Zone Map

23.01.09: Land Not Indicated On Zone Map In Any Zone
 
 

23.01.01: DEFINITIONS:

When not consistent with the context, words used in the present tense include the future; words in the singular form include the plural; those in the plural form include the singular. The word "shall" is mandatory; the word "may" is permissive. The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

ABUT: To adjoin at or along a common lot line or corner, except where such common lot line or corner is located in the right of way of a public street.

ACCESSORY BUILDING: Any building, the use of which is subordinate to that of the main building which includes, but is not limited to, garages, second units, recreation buildings, workshops, greenhouses, offices and storage sheds.

ADULT ENRICHMENT CENTER: An establishment which provides instructional, and personal improvement classes, related and secondary to its permitted primary use. An adult enrichment center shall provide such services only for persons over the age of seventeen (17) and may be held only between the hours of six o'clock (6:00) P.M. and ten o'clock (10:00) P.M.

ARCHITECTURAL FEATURE: A decorative feature that is supported from an exterior wall of a building, has no foundation to the ground, adds no additional floor space.

AUTO GROOMING/DETAILING SERVICES: An establishment which only provides hand washing, waxing, and interior cleaning services for automobiles.

BEDROOM: Any room which is not a kitchen, dining room, living room, family room or bathroom and which is designated as a bedroom or is capable of being used for sleeping quarters, which contains a closet, or to which a closet could be added, which has a nearby or adjacent bathroom, and which meets the requirements contained in section 23.02.10 of this chapter.

BLOCK: The property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or between the termination of such street and the nearest intersecting or intercepting street. Where the boundary line of the city or where the boundary line of any zone established by this chapter intersects or intercepts a street in a block, the block shall be considered to end at the city boundary line or at such zone line.

BOARDER: An individual who regularly or temporarily gets the use of a room at another's home for pay.

BUILDING/STRUCTURE: The terms "building" and "structure" shall be synonymous and shall mean that which is framed, erected, constructed or placed to stand temporarily or permanently on a lot. Driveways, patios, decks or walks not more than six inches (6") higher than the ground on which they rest shall not be considered buildings.

CIRCULAR DRIVEWAY: A driveway which has one or more curb cuts which provides an area in the front yard for turning around or parking a vehicle, and which is not necessary to provide direct access from a street to a garage.

COMMERCIAL BUILDING: Any structure used for a commercial purpose.

COMMISSION: The City Planning Commission.

COMPATIBLE: Having an architectural style, visual bulk, massiveness, height, width and length which is compatible with the neighborhood and which harmonizes with the existing residential or commercial structures in the neighborhood and, in the case of a building addition, with the existing building.

CONVENIENCE MARKETS: Retail stores selling food (for off-site consumption), household items and other related retail items. Convenience markets shall contain no more than four thousand (4,000) square feet of gross floor area.

CORNER LOT: A lot situated at the junction of and abutting on two (2) intersecting streets.

COUNCIL: The City Council.

COURT SURFACE: The area of a lot designated and approved for recreational court purposes. The court surface may or may not be paved or marked by permanent boundaries.

DATUM PLANE: In the R-1 Zone the datum plane for a building shall be a horizontal plane passing through the average of the highest and lowest points of the ground along that face of the structure which is nearest to the street. In Zone C-1 the datum plane for a building shall be a horizontal plane passing through the front property line grade, as shown on the plans and profiles in the office of the City Engineer, at a point where such property line intersects the center line of that part of the building facing upon or approximately parallel to such street. In case there are no such plans or profiles, the City Engineer shall establish such grade.

DRIVEWAY: A paved or impervious strip of land having the purpose of providing access from the street through a curb cut to a garage.

DWELLING: Any building or portion thereof which is occupied, in whole or in part, as a home or residence.

DWELLING UNIT: One or more rooms in a dwelling designed for occupancy by one family and having only one kitchen.

FAMILY: An immediate family related by blood, marriage or adoption, or a group of individuals who are unrelated and live together as a single housekeeping unit in a dwelling unit. This shall not include an individual paying rent to a landlord for the purpose of temporarily residing in a dwelling unit.

FENCES: A wall or similar enclosing structure made of wood, iron, masonry or other material, partially or completely opaque in its surface area.

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: That portion of a lot between the front line of the lot and the portion of the front line of the main building which faces the front and is closest to the street 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, and which extends across the entire width of the lot.

FRONT YARD SETBACK LINE: A line parallel with the front lot line at a distance equal to the minimum required front yard dimensions for the appropriate area district as contained within this Chapter.

GARAGE: A building or portion of a building, having a door and enclosed by walls on at least three (3) sides in which motor vehicles used by occupants of the building or buildings on the lot are stored or kept.

HABITABLE: An area or space used for living purposes which conforms to the standards defined in the Uniform Building Code.

HEDGE: Vegetative growth of closely planted shrubs forming a solid visual boundary.

HEIGHT: The vertical distance from the datum plane to the highest part of a building, including penthouses, water tanks and their enclosures, elevator enclosures and all other roof structures, excluding chimneys and architectural accessories.

HEIGHT OF FENCE OR YARD WALL: The height of any fence or yard wall at any point shall be the difference in elevation between the top of the fence or yard wall and the finished ground surface at a point within one foot (1') from the fence or yard wall, measured at right angles from the lowest grade elevation.

HEIGHT OF RETAINING WALL: The height of any retaining wall shall be the height of its exposed vertical surface.

IMMEDIATE FAMILY: Parents and their children, legal guardianships, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents or grandchildren.

INTERIOR LOT: A lot having only one street frontage.

KEY LOT: A lot, the side line of which abuts the rear line of one or more adjoining lots.

KITCHEN: A room containing a water source, sink, and utilities installed that will permit the heating or cooking of food.

LIGHT FIXTURE(S): An assembly, including housing, reflectors and lenses, which accommodates a lamp. A supporting pole and arm are not parts of a light fixture.

LIVEABLE AREA: The square footage of all habitable floor areas under roof, including attics, lofts, basements, enclosed patios and enclosed porches, servant guesthouses and pool cabanas, but excluding pergolas, open patios and open porches and garages.

LOT: Any parcel shown on a recorded tract map or on a record of survey recorded pursuant to an approved division of land or a parcel map or otherwise approved by the Council as a building site for the construction of one main building.

LOT AREA: The gross square footage of the lot as measured along the perimeter of the lot as defined in the Yard Map. Actual lot area is used in Section 23.02.10 of this Chapter.

LOT COVERAGE: The area of a lot covered by roofed building(s) constructed on a foundation or slab, whether at ground level, above ground level or below ground level. Excluded from the definition of lot coverage are open porches and balconies in the front of the building(s) visible from the street, with an area not to exceed the lesser of one hundred fifty (150) square feet or one and one-half percent (1.5%) of the lesser of the actual lot area or statutory lot area. "Roofed" for purposes of this definition, shall mean a coverage of greater than fifty percent (50%), viewed from overhead. Such "lot coverage" is also defined to include the areas of eaves extending more than twenty four inches (24") from the structure. Lot coverage shall not include horizontal projections from buildings on a lot such as cornices, eaves, buttresses or chimneys.

LOT LINE: The legal boundary that separates one lot from another or a public right of way.

MANAGER: The City Manager of the City of San Marino or any City employee authorized by the City Manager to enforce the provisions of this Code.

MARKETS/GROCERY STORES: Retail stores selling an assortment of food (for off-site consumption) and food preparation materials, household items, and other related retail items. Ancillary to the retail use, markets/grocery stores can include pharmacies, delicatessens and eating establishments allowing for on-site consumption of food. The areas designated for on-site consumption of food shall not exceed ten percent (10%) of the gross floor area of the market/grocery store. Markets/grocery stores must be greater than four thousand (4,000) square feet of gross floor area.

NEIGHBORHOOD: a) The two (2) properties on each side of the lot; b) all properties adjoining the rear of the lot and each property on either side of the adjoining property(ies); c) extending the lot's property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties. For houses at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the three (3) properties extending from each side of the lot.

OCCUPIED: Arranged, designed or intended to be occupied.

OPAQUE FENCE COVERING: A canvas, plastic, wood or equivalent material applied to or constituting a portion of a fence which is opaque to the passage of light.

OWNER: Presumed to be the person(s) shown as the owner(s) of the real property on the last equalized assessment roll of the Los Angeles County Tax Assessor.

PARK OR PARKING: The standing or leaving of a vehicle, whether occupied or not.

PARKING SPACE: A paved or impervious area, not including a driveway or circular driveway, which is designed for parking a vehicle. A parking space may be covered, enclosed or open.

PLURAL NUMBER: Includes the singular.

PRESENT TENSE: Includes the future.

PRIVACY: The prevention of the visual observation of any rear or side property area from any adjoining property.

PUBLIC PARKING AREA: An open area, other than a street, used for the temporary parking of automobiles, whether available for use by the owner or his/her guests or customers or for public use, whether free, for compensation or as an accommodation for clients and customers in Zone C-1.

REAR YARD: A yard between the rear line of the lot and the rear line of the main building which extends across the entire width of the lot. Where a public alley exists at the rear lot line, one-half (1/2) but not to exceed ten feet (10') of such alley may be considered to be a portion of such rear yard; provided, however, 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.

REAR YARD SETBACK LINE: A line parallel with the rear lot line at a distance equal to the minimum required rear yard dimensions for the appropriate area district as contained within subsection 23.02.09A of this Chapter.

RECREATIONAL COURT: A generally rectangular space, with dimensions of at least thirty feet by sixty feet (30' x 60'), marked off or capable of being used for the purpose of playing paddle tennis or tennis. Swimming pools, badminton, basketball (half-courts) and volleyball courts are not recreational courts.

REQUIRED YARD: That portion of a lot or building site upon which no portion of a main building is permitted to be constructed by the provisions of this Code.

RESIDENTIAL BUILDING: Any structure designed for habitable use.

RESTAURANT: Any establishment which provides facilities for the consumption of food on the premises.

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.

SATELLITE DISH ANTENNAS: Antennas used for "receive only" operations from stationary synchronous earth satellites and having a reflective dish-shaped element, generally circular in shape, with a diameter of greater than two feet (2'), shall be considered structures in the context of the Building and Zoning Codes.

SCHOOLS: An educational institution organized for the teaching and study of a curriculum at least equivalent to that required in corresponding grades of a public school, or an institution empowered to confer degrees equivalent to those conferred by public schools in special departments, such as engineering, theology, law, medicine and the arts.

SECOND UNIT: An attached or detached dwelling unit which provides complete independent living facilities. It shall include permanent but separate provisions for living, sleeping and sanitation on the same lot(s) as the primary dwelling unit is situated, and shall contain a full bath and not more than one bedroom. This dwelling unit may also contain a kitchen.

SIDE STREET LINE OF A CORNER LOT: The side of a lot with the longest street frontage.

SIDE YARD: A yard between the side line of a lot and the side line of a 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.

SIDE YARD SETBACK LINE: A line parallel with the side property line at a distance equal to the minimum required side yard dimension for the appropriate area district as contained within this Chapter.

SINGLE-FAMILY DWELLING: The main building on a lot designated and used exclusively for occupancy by one family.

STATUTORY LOT SIZE: Shall refer to the minimum permitted size of a lot in each area district as established in this Chapter.

STORAGE: The placement of a vehicle or equipment in a given location for a continuous period of more than forty eight (48) consecutive hours.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except, that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. A basement or cellar shall not be considered a story unless the ceiling thereof is more than five feet (5') above the average level of the highest and lowest points of the natural grade immediately adjacent to the exterior walls of the building.

SUPPORT POLE: A structure other than a building which is utilized to support one or more light fixtures.

TENANT: A person(s) who pays rent to a specific property owner to occupy or use their land or building for a specific period of time.

TUTORIAL SERVICES: A type of business designed to provide individualized instruction to persons generally in fields of general education or the arts with no more than two (2) students per one instructor on the premises at the same time in the C-1 zone; and no more than two (2) students per one instructor on the premises at the same time in the R-1 zone.

USED: Includes arranged, designed or intended to be used.

VEHICLE: Any mode of transportation that can be driven or towed, including, but not limited to, cars, trucks, motor homes, trailers, campers, motorcycles or boats.

WALKWAY: A paved or impervious strip of land which is not a driveway and which connects the entry of a building or buildings with a driveway, circular driveway, sidewalk, public street, alley or thoroughfare.

YARD: That portion of a lot upon which a building is situated, which remains open and unoccupied except as provided in this code.

YARD MAP: The official "Yard Requirement Map" which is a part of this chapter.

YARD WALL: An enclosing structure made of wood, iron, masonry or other material, generally opaque in its surface area.

ZONE MAP: The official "Zone and District Map" which is a part of this chapter. (Ord. 096-1093, 7-10-1996; amd. Ord. 098-1128, 1-13-1999; Ord. 099-1133, 7-14-1999)
 

23.01.02: SHORT TITLE:

This chapter shall be known, cited and referred to as THE ZONING CODE OF THE CITY OF SAN MARINO. (Ord. 096-1093, 7-10-1996)
  

23.01.03: PURPOSE OF CHAPTER:

The city council hereby finds, determines and declares that the preservation of the public peace, safety, morals and general welfare of the city require the creation and division of the city into districts and the regulations therein of certain trades and callings, the height and bulk of buildings and the areas of yards, courts and other open spaces for the purpose of providing adequate light and air; lessening congestion in the streets and other public ways; securing safety from fire, panic and other disasters and dangers; preventing the overcrowding of land or buildings; avoiding undue concentration of population; conserving the value of property; and encouraging the most appropriate use of land throughout the city, all in accordance with the comprehensive plan contained in this chapter, including "The Zone and District Map" and the "Yard Requirement Map" referred to herein and made a part hereof. (Ord. 096-1093, 7-10-1996)
 

23.01.04: VIOLATIONS OF CHAPTER:

Violations of this chapter shall constitute a misdemeanor unless otherwise indicated within this chapter. Violations shall be abated as stated in chapter 1 of this code. (Ord. 096-1093, 7-10-1996)
 

23.01.05: ZONES AND AREA DISTRICTS ESTABLISHED; DELINEATION OF ZONES AND DISTRICTS ON ZONE MAP:

In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yard and other open spaces about buildings, four (4) classes of zones and eight (8) classes of area districts are hereby established, to be known as follows:

Zones:

 

R-1    Single-Family Dwelling Zone

C-1    Commercial Zone

 

P&R Park and Recreational Zone

H&C Historical and Cultural Zone

 

Area Districts:

IE       Estate Area District      (60,000 square feet)

I         First Area District         (30,000 square feet)

II Second Area District (20,000 square feet)

III Third Area District (17,000 square feet)

IV Fourth Area District (15,000 square feet)

V Fifth Area District (12,000 square feet)

VI Sixth Area District (10,000 square feet)

VII Seventh Area District (9,000 square feet)

which several classes of zones and area districts are shown and delineated on the Zone Map. (Ord. 096-1093, 7-10-1996)
  

23.01.06: CONSIDERATIONS GIVEN CREATION OF ZONES AND DISTRICTS:

It is hereby declared that in the creation by this Chapter of the respective classes of zones and area districts established by Section 23.01.05 of this Article, the Commission and the Council have given due and careful consideration to the peculiar suitability of each and every zone and district for the particular regulations applied thereto and the necessary, proper and comprehensive groupings and arrangement of the various uses and densities of population in accordance with a well-considered plan for the comprehensive development of the City and in relation to established plans in the adjoining unincorporated areas and municipalities. (Ord. 096-1093, 7-10-1996)
  

23.01.07: BOUNDARIES SHOWN ON ZONE AND YARD MAPS ADOPTED:

A. The boundaries of the zones and districts shown upon the Zone Map are hereby adopted and approved.

B. The following described real property is hereby rezoned from R-1 Area District V to R-1 Area District VI: said legal description is provided on that certain tentative district map for Tract No. 30141 on file with the City Clerk and is generally described as the inner portion of that certain block bounded on the north by Huntington Drive and on the west, south and east by West Drive and Bedford Road.

C. The following described real property is hereby rezoned from R-1 Area District V to R-1 Area District VI: the area generally described as the entire block between Bedford Road, West Drive and Huntington Drive, exclusive of the interior portion described on that certain tentative district map for Tract No. 30141 on file with the City Clerk.

D. The real property described in Exhibit A of Ordinance 981, on file in the office of the City Clerk, is prezoned as C-1 Commercial Zone. The Zone Map shall have noted thereon "Amended August 24, 1990".

E. The real property described on Exhibit A to Ordinance 989, on file in the office of the City Clerk, is hereby rezoned from R-1 Area District I to R-1 Area District IE (Estate). (Ord. 096-1093, 7-10-1996)
  

23.01.08: RULES APPLYING WHERE UNCERTAINTIES EXIST AS TO BOUNDARIES ON ZONE MAP:

Where uncertainty exists as to the boundaries of any districts shown on the Zone Map, the following rules shall apply:

A. Where zone or district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

B. In unsubdivided property or where a zone or district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the Zone Map.

C. In case any further uncertainty exists, the Commission shall interpret the intent of the Zone Map as to the location of such boundaries.

D. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. (Ord. 096-1093, 7-10-1996)
 

23.01.09: LAND NOT INDICATED ON ZONE MAP IN ANY ZONE:

Any land or territory within the City which is not indicated on the Zone Map in any zone shall be classified in the same zone as that existing on the side of the street across from such unzoned land or territory, and the Zone Map shall thereupon be amended to indicate such zoning as herein required without additional procedure. Where uncertainty exists as to the zoning classification to be indicated on the Map, or any other provision of this Chapter, such zoning shall be determined by the Commission by written decision. (Ord. 096-1093, 7-10-1996)


 

ARTICLE 02

R-1 SINGLE-FAMILY DWELLING ZONE- Back to top

 

SECTION:

23.02.01: Uses Permitted

23.02.02: Single-Family Dwelling Units

23.02.03: Parking And Storage In Residential Front Yards And Side Yards

23.02.04: Required Landscaping In Front Yards And Parkways

23.02.05: Recreational Court Requirements

23.02.06: Exterior Recreational Court Lighting

23.02.07: Windscreens

23.02.08: Swimming Pools

23.02.09: Lot Area, Building Height, Lot Width, Lot Frontage And Yard Dimension Requirements

23.02.10: Lot Coverage And Liveable Area Limitations

23.02.11: Increased Limits For Large Lots

23.02.12: Corner Lot Limitations

23.02.13: Encroachment Limitation

23.02.14: Limitation On Number Of Permitted Bedrooms

23.02.15: Limitation On Stories

23.02.16: Side Yard Limitations

23.02.17: Front Yard Development Limitations

23.02.18: Yard Abutting On Two Streets

23.02.19: Request For Deviation

23.02.20: Existing Nonconforming Use

23.02.21: Requirement For Conformance

23.02.22: Garage Space Requirements

23.02.23: Building Construction Requirements With Respect To Manufactured Homes

23.02.24: Second Units

23.02.25: Sleeping Quarters Air Space Requirements

23.02.26: Annexed Land To Be Zoned R-1

23.02.27: Subdivisions Subject To Yard Requirements

23.02.28: Demolition Of Residential Structures

23.02.29: Determination Of Front Yard For Corner Lots
 
 

23.02.01: USES PERMITTED:

The following shall be permitted in the R-1 Single-Family Dwelling Zone:

A. Not more than one single-family dwelling of a permanent character, on any lot, placed in a permanent location, containing not more than one kitchen, used by but one family.

B. Structures or accessory buildings that are customarily incidental to a single-family dwelling when placed upon the same lot, including:

1. Private garages; which are subject to development standards of this Chapter.

2. Private recreational facilities.

3. Private bathhouses, greenhouses or service yards.

4. Private tool sheds, storage sheds or workshops, and offices.

5. Second units which include servants' and guests' quarters are permitted on lots at least fifteen thousand (15,000) square feet in area, subject to the requirements of Section 23.02.24 of this Article. Such units may include a kitchen.

C. All commercial uses and activities are specifically prohibited in R-1 Zones. A commercial use or activity, as used in this subsection, shall include, but not be limited to, the taking in of unrelated boarders for compensation or as an ancillary or secondary use; or renting/leasing a dwelling for a period of less than one year to an individual or family.

Commercial use or activity shall include the use of property for any event, function, gathering or activity sponsored, financed or hosted by or on behalf of a commercial enterprise unrelated to the owner or person in bona fide lawful residential possession of the premises or for any event, function or gathering for which such owner receives compensation. A commercial enterprise shall be considered related to the owner or person in possession of the premises if such person is a bona fide owner, partner or employee of the commercial enterprise.

D. Activity or activities which, by nature of the number in attendance, the vehicular traffic involved, the noise generated or the frequency of similar activities at a particular single-family dwelling, cause a disturbance to surrounding property shall constitute a public nuisance.

E. Modular, prefabricated or mobile home construction shall be permitted as authorized and preempted by State law and otherwise shall be prohibited.

F. Occupations permitted within single-family dwellings shall be restricted to in-home tutoring of educational, cultural, artistic or recreational subjects to individuals permanently residing within this dwelling; and professional services not requiring clients to visit the dwelling.

Prohibited activities within a single-family dwelling or accessory buildings are those involving manufacturing, storage of materials for distribution or sale, clients visiting the residence (except for tutoring, construction), any signage, or rental for financial consideration, (except filming).

Business licenses shall be required for all occupations permitted in a single-family dwelling, with amounts to be fixed by Council resolution.

G. Garage or estate sales shall be permitted only in the rear yard and only one sign shall be allowed in the front yard. The maximum size must conform with the requirements of this Chapter of the Code. Only one such sale, not to exceed two (2) consecutive days, shall be permitted at a dwelling per calendar year. The owner or legal occupant of the dwelling, where such sale is being held, shall register with the City prior to such a sale. (Ord. 096-1093, 7-10-1996)

H. Wireless telecommunication monopoles are permitted on public or private school property provided that a conditional use permit has first been issued. No other wireless telecommunication facility is allowed. Upon termination of use, the monopole must be removed. Safety lighting that is attached to or illuminating the monopole, except for lighting associated with the illumination of an athletic field, shall not be permitted. The monopole must be painted a color designed to blend in with the background. (Ord. 096-1091, 9-11-1996)
 

23.02.02: SINGLE-FAMILY DWELLING UNITS:

Use In R-1 Zones: Each dwelling unit located in the R-1 Zones shall be used as a single-family dwelling unit as defined herein. (Ord. 096-1093, 7-10-1996)
 

23.02.03: PARKING AND STORAGE IN RESIDENTIAL FRONT YARDS AND SIDE YARDS:

Parking or storage of vehicles in residential front yards and side yards of lots located in the R-1 Zones shall be subject to the following conditions:

A. Driveways And Driveway Requirements:

1. All residential lots in the R-1 Zones shall have a driveway providing direct access from a public street or alleyway to a garage or other parking space.

2. All driveways shall not have a width of less than nine feet (9').

3. Circular driveways may be located in the front yard; provided, that:

a. The parcel is not located in Area Districts V, VI or VII; or

b. The circular driveway located in Area Districts V, VI or VII is replacing the footprint of an existing legal nonconforming circular driveway.

4. The total of all paved and impervious areas including, but not limited to, driveways, walkways, patios, porches, landings, and/or architectural accessories does not exceed forty five percent (45%) of the front yard area. The total coverage of all paved and impervious areas which exceeds twenty five percent (25%) of the front yard area is subject to design review as stated in subsection 23.15.03H of this Chapter.

B. Parking Restrictions:

1. No parking space shall be permitted in the front yard.

2. Parking spaces located in the side yard shall be screened from view of the public street by:

a. Landscaping; or

b. A decorative wall.

3. A parking space may be located in the rear yard, provided it is not less than one foot (1') from the rear line of the lot nor less than four feet (4') from the side line of the lot.

4. Parking spaces shall be located on the same lot or parcel of land as the residence being served.

C. Parking Restrictions:

1. No vehicle may be parked in a front or side yard, except on a paved or impervious area designated as a driveway or as a parking space.

2. No vehicle may be parked in a front yard driveway or parking space for a period greater than forty eight (48) consecutive hours.

D. Storage Prohibition:

1. No equipment, materials, trash or other materials not customarily considered as decorative landscaping (except as provided for in Chapter IX of this Code) shall be stored in the front yard or side yard, driveway or circular driveway except during actual periods of construction for which a permit has been issued on the lot.

2. Parking spaces located in the side yard shall not be used for the storage of vehicles.

3. Parking spaces located in the rear yard when visible from the street shall not be used for the storage of vehicles.

E. Requirement For Compliance:

1. No new construction shall be permitted in the R-1 Zones unless it shall comply with this Section.

2. No additions to existing structures increasing the liveable area by more than twenty percent (20%) shall be permitted unless the requirements of this Section are complied with.

3. No reconstruction or modification of parking spaces not conforming with this Section shall be permitted except patching, sealing or replacement of sections not to exceed fifty (50) square feet.

4. No construction to replace or modify parking spaces not conforming with this Section shall be permitted unless it shall comply with this Section; excepted are repairs to preexisting parking spaces such as patching or sealing and replacement of sections not to exceed fifty (50) square feet.

F. Existing Nonconformance: No building shall be deemed nonconforming solely by reason of a driveway, circular driveway or parking space lawfully constructed in accordance with all regulations applicable at the time of its construction, except as provided in Section 23.06.10 of this Chapter.

G. Request For Relief: Any request for relief from the requirements of this Section, except for subsection A4 of this Section, shall require a conditional use permit as set forth in this Code. (Ord. 096-1093, 7-10-1996)
 

23.02.04: REQUIRED LANDSCAPING IN FRONT YARDS AND PARKWAYS:

All parcels located in the R-1 Zones shall be required to have landscaping in the front yard areas and parkway area, subject to the conditions set forth herein:

A. Limitation On Impervious Coverage:

1. Not more than forty five percent (45%) of the front yard of a lot in the R-1 Zones shall be covered with an impervious surface.

2. Residential lots with twenty five percent (25%) or more impervious coverage within the front yard area shall be subject to design review in accordance with subsection 23.15.03H of this Chapter.

3. Impervious coverage in the front yard shall be limited to the following uses:

a. Driveways.

b. Circular driveways.

c. Walkways.

d. Architectural accessories.

A paving permit is required for any paving or placement of impervious materials within the front yard. A paving permit shall be issued by the Planning and Building Department. A paving permit shall be issued if the proposed paving complies with the provisions of this Code.

4. Impervious coverage in the parkway area shall be limited to the following uses:

a. Driveways.

b. Circular driveways.

c. Walkways.

d. Sidewalks.

All impervious coverage in the parkway area is subject to prior approval of the City by issuance of a street permit.

B. Prohibited Coverage:

1. Recreational courts, as defined in Section 23.01.01 of this Chapter, are specifically prohibited in the front yard. Such prohibition shall include the required side yard in the condition specified in this Code.

2. Gravel, stones or other loose materials of a solid construction are specifically prohibited in the parkway area.

C. Ground Coverings: All areas within the front yard and the parkway area not covered with an impervious surface as provided for herein shall be covered with a properly maintained vegetative growth or plant material.

D. Walls And Landscaping: All walls constructed in the side yard of a corner parcel which exceed four feet (4') in height shall have vegetative landscaping placed between the wall and the property line which shall cover the face of the wall a minimum of one-half (1/2) of the height of the wall.

E. Walkway Widths: A walkway within the front yard shall not be wider than eight percent (8%) of the actual lot width or four feet (4'), whichever is greater, measured at the front property line. Properties with an actual lot width greater than one hundred feet (100'), measured at the front property line, shall be limited to an eight foot (8') wide walkway. Fractions equal to or greater than 0.5 shall be rounded up and those less than 0.5 shall be rounded down. No front yard walkway between six feet (6') and eight feet (8') in width may be installed unless the Director of Planning and Building shall find that the placement, configuration and design of the walkway prevents the use of any portion of the walkway for vehicular travel or parking. The decision of the Director of Planning and Building on whether to permit the construction of a walkway between six feet (6') and eight feet (8') may be appealed to the Commission and any decision of the Commission may be appealed to the Council.

F. Requirement For Compliance:

1. No new residence shall be permitted in the R-1 Zones unless the requirements of this Section are complied with.

2. No additions to existing structures increasing the lot coverage by more than twenty percent (20%) shall be permitted unless the requirements of this Section are complied with.

3. No construction to replace more than fifty percent (50%) of a destroyed or damaged existing building shall be permitted unless the requirements of this Section are complied with.

4. No construction to replace or modify impervious areas not conforming with this Section shall be permitted, unless it shall comply with this Section; excepted are repairs such as patching or sealing and replacement of sections not to exceed fifty (50) square feet.

G. Existing Nonconformance: No building shall be deemed nonconforming solely by reason of front yard landscaping lawfully constructed in accordance with all regulations applicable at the time of its construction, except to the extent provided for in subsection F of this Section.

H. Request For Relief: The requirements of this Section may be modified pursuant to the issuance of a conditional use permit as set forth in this Code. (Ord. 096-1093, 7-10-1996)
 

23.02.05: RECREATIONAL COURT REQUIREMENTS:

A. Conditional Use; Building Permit Required: The construction of a recreational court in the R-1 Zones or the addition of fences or lights or other alteration of an existing court requires a conditional use permit. Notwithstanding anything in Chapter XXV of this Code to the contrary, a building permit shall be required for the construction of a recreational court.

B. Court Fences: A recreational court may be enclosed by a chainlink or wire fence not exceeding twelve feet (12') in height; provided, that no such fence shall be constructed within a required front yard or required side yard setback nor within five feet (5') of a property line adjacent to any street nor within five feet (5') of a rear property line or alley. (Ord. 096-1093, 7-10-1996)
 

23.02.06: EXTERIOR RECREATIONAL COURT LIGHTING:

A. Purpose And Intent: The purpose and intent of this Section is to control exterior recreational court lighting by builders, owners or residents within the R-1 Zones and to support zoning objectives and goals, including, but not limited to, the following:

1. To secure for the citizens of San Marino the social and economic advantages resulting from an orderly planned use of its land resources.

2. To establish lighting conditions which will allow land uses to exist in harmony within the community.

3. To attain the highest possible standards for urban aesthetics and physical development while providing adequate light, air and privacy for all individuals.

4. To promote the stability of existing land uses and to protect them from incompatible and harmful intrusions.

5. To protect the general health, safety and welfare of the citizens of San Marino.

B. Definitions: For the purposes of carrying out the intent of this Section, words, phrases and terms shall be deemed to have the meanings ascribed to them as follows:

CUT OFF: A light source is cut off at the point where neither the light source nor its image from a reflecting surface of the light fixture is directly visible.

EXISTING NONCONFORMING EXTERIOR LIGHTING: Lighting which was installed prior to the effective date hereof and is in conflict with the provisions of this Section.

SUPPLEMENTAL SHIELDING: Supplemental light shielding shall be an attachment to the lighting fixture not extending more than one foot (1') from the fixture in any direction. The inside of the baffles shall be painted with an opaque light absorbent paint "mat black" in color.

C. Recreational Court Lighting Restrictions:

1. No light fixture shall be located at a horizontal distance less than ten feet (10') from the nearest lot line.

2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm and supporting pole shall be coated with a dark, low-reflectance material.

3. No light fixture or supporting pole shall be constructed which will locate a lamp more than eighteen feet (18') from the court surface.

4. No more than one light fixture per nine hundred (900) square feet of court surface area is permitted, and a maximum of eight (8) poles and light fixtures per recreational court are permitted.

5. Light fixtures shall be supported by an arm extending at least four feet (4') from a support pole.

6. No light fixture shall emit more light than is emitted from a 1,000 watt lamp.

7. Light fixtures must be designed, constructed, mounted and maintained such that, with appropriate supplemental shielding, the light source is completely cut off when viewed from any point five feet (5') or more beyond the lot line. Incident light intensity at a lot line shall not exceed one foot-candle as measured by a light meter from grade to a height of twelve feet (12'). The incident light level upon any habitable building on an adjacent property shall not exceed 0.05 foot-candles on any habitable building on the adjacent property or properties.

8. Recreational court lighting may be operated only between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Recreational court lighting cannot be operated between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

9. In the event that an illuminated court surface is visible from another lot, the court surface shall be treated with low reflectance, dark colored coatings.

10. If any of the above conditions cannot be met, then the owner may request relief for a specific condition from the Commission by filing for a conditional use permit. (Ord. 096-1093, 7-10-1996)
 

23.02.07: WINDSCREENS:

Windscreens of plastic, canvas or similar material may be attached to the fence enclosing a tennis court, provided such windscreens do not extend to a height greater than six feet (6') above the finished surface of the court. However, where the entire tennis court is located twenty five feet (25') or more from all property lines, the windscreen may extend to the height of the court fence.

If any of the conditions under this Section cannot be met, then the owner may request relief for a specific condition from the Commission by filing for a conditional use permit. (Ord. 096-1093, 7-10-1996)
 

23.02.08: SWIMMING POOLS:

A. The Council hereby finds and determines that the maintenance of private swimming pools without appropriate precautionary measures constitutes a hazard to the safety of small children of the City.

B. Any person in possession of a lot(s) within the City, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool or other body of water designed or used for swimming, dipping or immersion purposes by men, women or children, shall at all times, maintain a minimum five foot (5') tall fence enclosing the pool, and otherwise constructed in accordance with the City Building Code on the lot or premises upon which such pool or such body of water is located. (Ord. 096-1093, 7-10-1996)
  

23.02.09: LOT AREA, BUILDING HEIGHT, LOT WIDTH, LOT FRONTAGE AND YARD DIMENSION REQUIREMENTS:

A. The requirements in the R-1 Zones as to minimum building site area, the maximum building height, the site of buildings, the minimum lot widths, the minimum frontage on public streets and dimensions of yards shall vary according to the area district in which the property is situated and shall be as set forth in the following table:

 

AREA MINIMUM MAXIMUM MINIMUM MINIMUM MINIMUM
DISTRICT BUILDING SITE BUILDING AVERAGE STREET REQUIRED
(STATUTORY HEIGHT WIDTH OF FRONTAGE YARD
  PARCEL AREA)   LOT OF LOT DIMENSION