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)
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 |
