19.48.190 Residential zones—Certain facilities and structures permitted in yards.
All facilities and structures permitted in yards are subject to Design Review, unless explicitly exempted pursuant to Chapter 20.04.015. Maximum heights for facilities and structures in yards shall only be allowed where there is no significant view blockage from any public or private property. Provided that adequate access for public health and safety is maintained, the following structures and facilities are permitted in required yards in residential zones, subject to the limitations herein:
A. Fences. Fences are permitted in any yard as follows:
1. Fences shall be permitted to a maximum height of six feet above Existing Grade with decorative elements permitted up to a height of six feet—six inches at reasonable intervals.
2. Fences shall be located at least two feet from the adjacent curb or pavement edge.
3. Where a yard abuts water, a fence parallel to the water shall be limited to four feet in height above Existing Grade.
4. A trellis or arch over an opening in a fence is permitted to a maximum height of nine feet.
5. A hedge, as defined in Section 8.28.020, may exceed the height limit for fences where the extra height is agreed upon in writing by all immediately adjacent neighbors. Such fence is subject to the provisions of Chapter 8.28 of the Belvedere Municipal Code.
6. Fences in the R-15 Zone may exceed six feet in height to a maximum of eight feet from Existing Grade where the extra height is agreed upon in writing by all immediately adjacent neighbors and subject to Design Review, provided that such fence is not adjacent to public space.
7. Fences in the R-1L and R-2 zoning districts may exceed six feet in height (6') to a maximum height of eight feet (8') from Existing Grade, with decorative elements permitted up to six inches higher at reasonable interval, with design review approval, and based on consideration of one or more of the following factors:
a. The degree to which a higher fence is necessary and reasonable to provide privacy for adjoining properties, or to screen certain features from neighbors or public view;
b. Whether consent of neighbors whose properties adjoin the proposed fence has been obtained;
c. The degree to which a higher fence is appropriate due to the relative heights of buildings and building features on adjoining properties, such as base floor elevation, window locations, and overall building heights;
d. The degree to which a higher fence is appropriate due to variations in terrain, including steep or irregular topography, that may render a lower fence aesthetically or functionally impractical or undesirable;
e. Where it is unreasonable to achieve the benefits that would be gained from a higher fence by landscaping alone.
7. Fences or walls exceeding six feet in height pursuant to Section 19.48.190(A)(6) above shall be measured as follows:
a. The height of a fence or wall is measured using the plumb vertical distance between the Existing Grade at the base of the fence or wall to the uppermost part of the fence or wall.
b. The height of a fence or wall is measured on both sides of the structures, with the taller of the two measurements defined as the actual height of the fence or wall.
c. Fences built upon a retaining wall must be setback one foot (1') from the edge of the retaining wall for the fence height to be measured from the top of the retaining wall, not the lower ground level below.
8. Except as otherwise provided in this Section, temporary deer barriers on street frontages are prohibited.
B. Cisterns, steps, walks, ramps, retaining walls, paving slabs, and decks are permitted in yards provided that no such cistern, step, walk, ramp, retaining wall, paving slab, or deck exceeds four feet above grade at its highest point. Handrails and guardrails on steps, walks, ramps, and decks may exceed height limitation.
C. Driveways and retaining walls required to support driveways are permitted in front yards.
D. Where a rear yard abuts water, boat davits under six feet in height (as measured from the surface of the adjacent dock) and one dock and/or one float are permitted, subject to limitations established in Section 20.06 of this Title.
E. A platform for off-street parking or an elevated driveway is permitted provided that:
1. No part of a parking platform is closer than three feet from the improved street line.
2. No parking platform or elevated driveway has a roof.
3. No wall, fence, guardrail, handrail or trellis be constructed on a parking platform or elevated driveway in excess of forty-eight inches in height and no trash enclosure greater than forty-six inches in height as measured from the adjacent platform or driveway surface.
F. In the R-1C and R-15 zones, where the average lot slope within the first forty feet of the front property line (across the entire width of the lot) exceeds twenty percent, the setback for a residential carport or garage may be reduced to a distance of zero feet, provided that the nearest point of the residential carport or garage is at least three feet from the improved street line, and provided the residential carport or garage is still twenty feet distant at all points from the opposite improved curb or improved street line. The Planning Commission’s approval of such reduced setback shall be based upon the existing streetscape, the degree to which the proposed structure does not block existing views from the street, the width of the street at the site, and the ability of the applicant to provide off-street parking within the usual setbacks. If any living spaces exist or are proposed under or above such garage or carport, the garage or carport shall be required to meet the setback requirements for houses and other structures unless such living spaces are located entirely below the elevation of the street at the lot frontage.
G. In the R-2 zone, front and side yards for residential carports or garages shall be zero feet for existing structures. For new residential carports or garages, and for additions to existing carports or garages, front and side yards shall be five feet.
H. Where a building wall is not parallel to a parcel line, or where a building wall does not follow a continuous unbroken alignment, a portion of the roof overhang may project into a required yard provided that:
1. The average depth of the setback is at least equal to the required setback otherwise required for the parcel, and
2. The setback is never less than seventy percent of the required setback otherwise required for the parcel.
I. In-ground swimming pools and spas, where no portion of the pool, spa, pool or spa equipment, or decking exceeds four feet above grade, are permitted in the rear yard setback, provided that no portion is closer to the rear property line than three feet and that equipment complies with Chapter 8.10 of this Title and with the General Plan Noise Element.
J. New construction involving vertical or horizontal extension(s) of four feet or less of preexisting building encroachment(s) into required side and rear yards and vertical extension(s) of four feet or less of preexisting building encroachment(s) into required front yards, so long as the requested extension(s) will not, under the particular circumstances, increase the encroachment or be detrimental to the health, safety, morals, comfort, convenience and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be injurious or detrimental to the property and improvements in the neighborhood of such proposed use, or to the general welfare of the City.
K. Air conditioners, condensing units, pumps, and compressors are permitted in side yard setbacks provided that:
1. They do not exceed four feet above grade at their highest point, and
2. They are not closer than five feet from the property line in the R-15 zone and not closer than three feet from the nearest property line in all other residential zones, and
3. They comply with Chapter 8.10 of this Title and with the General Plan Noise Element.
L. Emergency generators are permitted in front yard setbacks under parking decks and driveways provided that:
1. The average lot slope within the first forty feet of the front property line (across the entire width of the lot) exceeds thirty percent.
2. They comply with Chapter 8.10 of this Code and with the General Plan Noise Element.
3. They are natural gas powered.
M. Mailboxes are permitted in all yards and are subject to United States Postal Service mailbox regulations for height, location, etc. (Ord. 2018-7 § 4, 2018; Ord. 2016-2 § 3, 2016; Ord. 2009-1 § 2, 2009; Ord. 2007-2 § 2, 2007; Ord. 2005-1 § 3, 2005; Ord. 98-8 § 3, 1998; Ord. 92-8 § 13, 1992; Ord. 91-4 § 3, 1991; Ord. 89-1 § 1, 1989.)