5267ORDINANCE NO. 5267
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 18.04.043.101 AND
ADDING SECTION 18.04.043.103 OF CHAPTER
18.04 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PERMITTED
ENCROACHMENTS INTO REQUIRED YARDS -
GENERAL.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.04.043.101 of Chapter 18.04 of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended
to read in its entirety as follows:
11.101 Fences, Walls and Hedges in Front Yards.
(a) Except as otherwise provided herein, the maximum
height of any fence, wall or hedge shall not exceed
thirty-six (36) inches within any required front
setback area.
(b) Lots developed with single family residences and
fronting on either a secondary, primary or major
highway or scenic expressway, as designated on the
General Plan, shall be permitted to have, as a means of
preserving a residential environment, walls or fences
not to exceed eight (8) feet in height and/or screen -
type planting of any height. Said walls and planting
in excess of thirty six (36) inches shall be subject to
review and approval by the City Traffic and
Transportation Manager for line -of -sight visibility,
and said walls shall be planted and maintained on the
street side with clinging vines to eliminate graffiti
opportunities.
(c) Wrought iron or other types of similar decorative
open-work metal fences, excluding chain link, shall be
permitted to a maximum height of six (6) feet, provided
that (1) the component solid portions of said fence,
other than the bottom two (2) feet which may be solid,
do not constitute more than twenty percent (20%) of the
total surface of the face of the fence and (2) the City
Traffic and Transportation Manager reviews and approves
said fence as not obstructing any vehicular line -of -
sight."
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SECTION 2.
That Section 18.04.043 of Chapter 18.04 of Title 18 of
the Anaheim Municipal Code be and it is hereby amended by adding
thereto a new subsection which subsection shall read as follows:
11.103 Accessory Buildings. Where a single family
residential zone permits accessory buildings to
encroach into a required rear or side yard, said
encroachment shall not exceed one (1) story."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding Five Hundred Dollars ($500.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 5th day of
November , 1991.
I`
MAYOR OF THE CITY O ANAHEIM
ATTEST:
ASSISTANT CITY CLERK OF THE &191TY OF ANAHEIM
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I:\DOCS\ORDRES\42YARDS.06 3
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STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF ANAHEIM )
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing Ordinance No. 5267 was introduced at a regular
meeting of the City Council of the City of Anaheim, held on the 22nd day of
October, 1991, and that the same was duly passed and adopted at a regular
meeting of said City Council held on the 5th day of November, 1991, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5267 on the 6th day of November, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 6th day of November, 1991.
ASSISTANT CITY CLERK OF,,3FE CITY OF ANAHEIM
(SEAL)
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Ordinance No. 5267 and was
published once in the Anaheim Bulletin on the 15th day of November, 1991.
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ASSISTANT CITY CLERK OZXHE CITY OF ANAHEIM