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The following intrusions may project into required yards to the extent and under the conditions and limitations indicated:
(a) Accessory buildings in rear yards, exclusive of detached accessory dwelling units pursuant to Section 9-4.2521.
(1) Detached accessory buildings, including garages, or parking spaces required in the absence of garages, may occupy not more than twenty-five (25%) percent of a required rear yard provided such building is not more than fifteen (15') feet in height and the wall of such building or parking space is located not less than six (6') feet from the nearest wall of a main building on the same lot or a contiguous lot.
(2) Except for the R-3 Zone, no accessory building in excess of fifteen (15') feet in height shall occupy any part of a required rear yard.
(3) In the case of reversed frontage, no accessory building shall be erected nearer than six (6') feet to the line of the abutting lot to the rear thereof.
(4) On the rear one-third (1/3) of a lot the walls of an accessory building not used for human habitation may be built to within five (5') feet of the interior lot line and the rear lot line, but on a corner lot the accessory building shall observe the stated side yard setback requirement on the street side.
(5) A breezeway connecting a main building to an accessory building may be permitted. Such breezeway shall remain open on one side and shall not be considered part of the main building.
(b) Accessory buildings in front yards on through lots. In any case where a through lot has a depth not more than one hundred forty (140') feet, accessory buildings not exceeding fifteen (15') feet in height may be located in one of the required front yards provided every portion of such accessory building is not less than ten (10') feet from the nearest front line.
(c) Covered patios. A covered patio, attached or unattached, which is enclosed on not more than three (3) sides may extend into the required rear yard provided the distance between the rear property line and the patio at the nearest point is not less than ten (10') feet.
(d) Architectural features. Eaves, cornices, canopies, belt courses, sills, buttresses, or other similar architectural features may project into required yards provided such extensions shall not be nearer than two (2') feet to any rear or side line of the lot or parcel. Where more than one building is located on the same lot or parcel, such features shall not be nearer than two (2') feet to a line midway between the main walls of such buildings.
(e) Chimneys and fireplaces. Masonry chimneys and fireplaces may project into required yards not more than two (2') feet provided such chimneys or fireplaces shall not be nearer than three (3') feet to any side line or the lot or parcel. Where more than one building is located on the same lot or parcel, such chimneys or fireplaces shall not be nearer than three (3') feet to a line midway between the main walls of such buildings.
(f) Balconies, fire escapes, and stairways. Open, unenclosed stairways or balconies not covered by roofs or canopies may extend into required rear yards not more than four (4') feet and into required front yards not more than two and one-half (2-1/2') feet.
(g) Landings and porches. Uncovered porches, platforms, or landings which do not extend above the level of the first floor of the building may extend into required yards not more than six (6') feet; provided, however, an open-work railing not more than two and one-half (2-1/2’) feet in height may be installed or constructed on such porch, platform, or landing.
(h) Depressed ramps. Open-work fences, hedges, guard railings, or other landscaping or architectural devices for safety protection around depressed ramps may be located in required yards provided such devices are not more than three and one-half (3-1/2’) feet in height.
(i) Fences and walls.
(1) General. A fence, wall or hedge not to exceed six (6’) feet in height may be located or maintained along the side or rear lot lines, but may not be located closer than ten (10’) feet from the front lot line. A fence, wall or hedge may be placed in the front yard as allowed by the applicable zone if it does not have a height of more than three (3’) feet, except as allowed along side lot lines as stated above or otherwise provided herein. The height of a fence, wall or hedge shall be measured from the adjacent grade level facing the public right of way, except that the height of a fence, wall or hedge along a side or rear lot line that is sloped shall be measured from the highest side of the adjacent grade level. The height limits of this subsection may be exceeded as authorized in Subsection 9-4.2805(b)(8). In cases of corner lots, such fence, wall or hedge also shall not extend into the side yard required adjacent to the side street nor into that portion of the rear yard abutting the intersection street, in which portion accessory buildings are prohibited, unless that fence, wall or hedge is found by the Traffic Engineer and the Community Development Director to provide adequate vehicular and pedestrian sight visibility which shall be maintained at all intersections of public streets and private driveways and that adequate means are available to offset the visual impact of the fence, wall or hedge. Such a fence review shall be initiated upon application to the Community Development Director. This subsection shall not prohibit the erection of fences enclosing school sites if such fences do not extend beyond the front line of the main building. This subsection shall not apply to a fence or wall required by any law or regulation of the State, or any agency thereof.
(2) Noise attenuation along arterial roads. Notwithstanding subsection (1) above, a fence or wall not to exceed nine (9' 0") feet in height may be located or maintained along a rear property line, or in the case of a corner lot, a side property line, when the Community Development Director finds that the criteria listed in this subsection are satisfied. Any fence or wall not meeting the following criteria may be authorized by the Planning Commission.
(i) The location of the fence or wall is adjacent to an arterial that is designated as a four (4) or more lane road in the Circulation Element of the General Plan; and,
(ii) The additional height and material is necessary and effective to attenuate noise at the site to acceptable levels as specified as goals in the Noise Element of the General Plan; and,
(iii) The additional height will not interfere with adequate sight visibility of pedestrians or vehicles entering, leaving, or passing the property or adjacent properties as determined by the Traffic Engineer and Community Development Director; and,
(iv) Any fence or wall shall be terraced unless a terraced fence or wall design is not feasible due to physical constraints related to the location of the fence or wall; and,
(v) The materials and colors of a fence or wall are consistent or compatible with the materials and colors of the existing approved fences or walls and/or tract perimeter fences or walls; and,
(vi) A fence or wall is decorative and utilizes architectural elements, including but not limited to, pilasters, planters, horizontal bands, or landscaping, to soften the mass of the structure. Materials such as smooth vinyl or untreated cinderblock may not be used unless determined to be consistent with existing fence/wall design along the perimeter.
(j) Pilasters. Freestanding decorative pilasters in the required front yard area of single-family detached residences shall be permitted as follows:
(1) The design of pilasters shall take into consideration existing site conditions, i.e., topography, existing landscaping, etc., regarding their location and proportional relationship of the pilaster’s width, depth and height.
(2) The side of the pilaster that faces the public right-of-way shall not exceed forty-eight (48”) inches in height, measured from the adjacent grade level to the top of the pilaster cap. The use of ornamental features, including lighting fixtures, shall not be included in the height of the pilaster.
(3) The height of light fixtures or ornamental features on top of the pilasters shall not exceed one-half (1/2) the overall height of the pilaster. Lighting fixtures shall be designed and selected to avoid excessive spillage of illumination onto public right-of-way and adjacent properties, by using a subdued light source in keeping with the character of the residential neighborhood.
(4) The footprint of any pilaster shall be in proportion to its height, and shall not exceed twenty-four (24”) inches nor be less than sixteen (16”) inches in width.
(5) The spacing of pilasters shall not be less than twelve (12’) feet measured from the exterior face. When pilasters are used as a sidewalk entry features, the spacing shall not be less than four (4’) feet.
(6) The height of decorative solid fencing/walls between pilasters shall not exceed thirty (30”) inches. However, wrought-iron fencing between pilasters either as an addition to the thirty (30”) inches solid fencing, or as the only fencing used, with a height that matches the height of the pilasters, shall be permitted.
(7) Decorative caps shall be provided on top of pilasters and also on any proposed walls between pilasters.
(8) Colors and materials of pilasters and any other proposed fencing shall be compatible with the principal residence being served.
(9) If address numbers are to be installed on the pilasters, the letters shall be a minimum of six (6”) inches in height.
(10) A building permit shall be required for pilasters exceeding thirty (30”) inches in height. An electrical permit shall also be required if lighting fixtures are proposed.
(11) The placement of driveway gates with pilasters shall comply with Public Works Department’s Plate E-1 regarding design standards for residential driveways.
(12) The review and approval of pilasters shall be in accordance with Section 9-4.1803 of the Architectural Design Review Ordinance of the Thousand Oaks Municipal Code.
(13) Where corner lots occur, such pilaster(s) shall not extend into the required side yard adjacent to the side street nor encroach into that portion of the rear yard abutting the intersecting street, unless the design and placement of the pilaster(s) are found by the City Traffic Division and the Community Development Department not to impair the required vehicular and pedestrian sight visibility which shall be maintained at all intersections of public streets, including sidewalks and private driveways.
(§ 8160.9, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 1, Ord. 854-NS, eff. March 27, 1984, §§ IV and V, Ord. 997-NS, eff. May 17, 1988, and § 3, Ord. 1249-NS, eff. January 9, 1996, and § 2, Ord. 1423-NS, eff. January 13, 2004, § 1507-NS, eff. October 23, 2008, and Part 9, Ord. 1678-NS, eff. February 28, 2020)