Burbank Municipal Code Div. 11 Fence Exception Permits

10-1-19200: MINOR FENCE EXCEPTION PERMIT:

A. INTENT AND PURPOSE.

The intent and purpose of the Minor Fence Exception Permit is to allow exceptions to the standards for fences, walls, and hedges in the single and multiple family residential zones. The minor exception permit allows for administrative exceptions to the standards where the fence or wall is six (6) feet or less in height or where the requested exception would otherwise be expected to have a lesser visual impact on surrounding properties and the neighborhood and not pose the same potential safety concern than a feature taller than six (6) feet.

B. PROCESS AND PUBLIC NOTICE.

Minor fence exception permits must be processed and approved or denied in the same manner as an Administrative Use Permit per Division 4.1 of Article 19 of this Chapter, including public notice of decision, appeals, and hearings; except that notice of the decision must be mailed to all property owners and occupants within a 150-foot radius of the property rather than a 1,000-foot radius and that applicants are not required to pay a fee when appealing a denial of a Minor Fence Exception Permit.

C. CONDITIONS.

The Director, or Planning Commission if appealed, is authorized to attach conditions to the approval of a Minor Fence Exception Permit. Such conditions may include, but are not limited to, conditions requiring physical changes to the proposed structure or object. All conditions imposed must be for the purpose of satisfying the required findings, mitigating environmental or other impacts, and/or protecting the public health, safety, convenience, or welfare.

D. REQUIRED FINDINGS.

In lieu of the findings required by Section 10-1-1956, the Director, or Planning Commission if appealed, may not approve a Minor Fence Exception Permit unless the following findings are made. An applicant may propose measures to mitigate or abate any safety concerns for the purpose of making the required findings.

The feature does not obstruct the visibility of motorists at a street or alley intersection or exiting a driveway or otherwise affect a motorist’s ability to safely operate their vehicle.
The feature is not constructed of any materials that may pose a danger to motorists, pedestrians, or other persons.
The feature is structurally sound and is adequately maintained.
The feature does not affect the ability of emergency personnel to respond to an emergency on the property or to adequately view the property and structures upon it from the public right-of-way.
The feature is compatible in size, scale, proportion, and location with other yard features in the neighborhood, or is otherwise consistent with the prevailing neighborhood character.
The scale and proportion of the feature are consistent and compatible with structures on the same property and in the general area.
The feature does not encroach upon neighboring properties or structures in a visual or aesthetic manner through its size, location, orientation, setbacks, or height.
The feature does not impose detrimental impacts on neighboring properties or structures, including but not limited to impacts related to light and glare, sunlight exposure, air circulation, privacy, scenic views, or aesthetics. [Added by Ord. No. 3690, eff. 4/11/06. Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983.]

10-1-19201: MAJOR FENCE EXCEPTION PERMIT:

A. INTENT AND PURPOSE.

The intent and purpose of the Major Fence Exception Permit is to allow exceptions to the standards for fences and walls in the single and multiple family residential zones that could not otherwise be approved through the Minor Fence Exception Permit process. The major exception permit allows for additional public notice and Planning Commission review of requested exceptions to the standards where the fence or wall is more than six (6) feet in height and therefore may have a noticeable impact on surrounding properties and the neighborhood and may pose a greater potential safety concern.

B. PROCESS AND PUBLIC NOTICE.

Major fence exception permits must be processed and approved or denied in the same manner as a Variance per Division 3 of Article 19 of this Chapter, including public notice, appeals, and hearings; except that notice of the public hearing must be mailed to all property owners and occupants within a 300-foot radius of the property rather than a 1,000-foot radius and that applicants are not required to pay a fee when appealing a denial of a Major Fence Exception Permit.

C. CONDITIONS.

The Planning Commission, or City Council if appealed, is authorized to attach conditions to the approval of a Major Fence Exception Permit. Such conditions may include, but are not limited to, conditions requiring physical changes to the proposed structure or object. All conditions imposed must be for the purpose of satisfying the required findings, mitigating environmental or other impacts, and/or protecting the public health, safety, convenience, or welfare.

D. REQUIRED FINDINGS.

In lieu of the findings required by Section 10-1-1917, the Planning Commission, or Council if appealed, may not approve a Major Fence Exception Permit unless the following findings are made. An applicant may propose measures to mitigate or abate any safety concerns for the purpose of making the required findings.

The feature does not obstruct the visibility of motorists at a street or alley intersection or exiting a driveway or otherwise affect a motorist’s ability to safely operate their vehicle.
The feature is not constructed of any materials that may pose a danger to motorists, pedestrians, or other persons.
The feature is structurally sound and is adequately maintained.
The feature does not affect the ability of emergency personnel to respond to an emergency on the property or to adequately view the property and structures upon it from the public right-of-way.
The feature is compatible in size, scale, proportion, and location with other yard features in the neighborhood, or is otherwise consistent with the prevailing neighborhood character.
The scale and proportion of the feature are consistent and compatible with structures on the same property and in the general area.
The feature does not encroach upon neighboring properties or structures in a visual or aesthetic manner through its size, location, orientation, setbacks, or height.
The feature does not impose detrimental impacts on neighboring properties or structures, including but not limited to impacts related to light and glare, sunlight exposure, air circulation, privacy, scenic views, or aesthetics.
The feature is reasonable and appropriate to mitigate demonstrated impacts related to noise, light or glare, dust, or privacy resulting from special circumstances or conditions that apply to the individual property and/or the surrounding neighborhood that could not be adequately mitigated with a feature permitted by the applicable zoning regulations or through the Minor Fence Exception Permit process. Such special circumstances or conditions are related to one (1) or more of the following:

a. Location of the property on or in proximity to a major or secondary arterial street;

b. Location of the property in proximity to a non-residential use or property or a multiple family residential use or property in the case of single family property;

c. The shape, size, configuration, or topography of the property;

d. The location or configuration of structures upon the property. [Added by Ord. No. 3690, eff. 4/11/06. Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983.]

10-1-19202: ENFORCEMENT ABEYANCE PROVISIONS IN LIEU OF FENCE PERMITS:

A. Applicability.

This Section provides provisions for holding in abeyance enforcement actions against nonconforming fences, walls, hedges, and other yard features established prior to April 11, 2006, in single and multiple family residential zones. This Section does not require or direct enforcement action for legal nonconforming yard features.
When enforcement action is taken against a nonconforming yard feature established prior to April 11, 2006, the feature is subject to the requirements of this Section in lieu of the otherwise applicable requirements of the zone in which it is located.
In order to qualify for the enforcement provisions of this Section, such yard feature must have been erected, installed, constructed, or grown to maturity prior to April 11, 2006, and not modified or grown on or after April 11, 2006, in a manner that increased its non-conformity with the otherwise applicable requirements of the zone in which it is located.

B. Enforcement abeyance for fences and walls six (6) feet or less and other yard features of any height.

This Subsection provides for holding in abeyance enforcement actions against nonconforming fences and walls with a height of six (6) feet or less as measured from the abutting finished ground surface of the property on which the feature is located, and for other yard features and established mature vegetation of any height.
If the Community Development Director is able to make the following findings as related to the nonconforming yard feature, enforcement action against the nonconforming feature will be held in abeyance until such time that the provisions of this Section are repealed. An applicant may propose measures to mitigate or abate any safety concerns for the purpose of making the findings.

a. The feature does not obstruct the visibility of motorists at a street or alley intersection or exiting a driveway or otherwise affect a motorist’s ability to safely operate their vehicle.

b. The feature is not constructed of any materials that may pose a danger to motorists, pedestrians, or other persons.

c. The feature is structurally sound and is adequately maintained.

d. The feature does not affect the ability of emergency personnel to respond to an emergency on the property or to adequately view the property and structures upon it from the public right-of-way.

A finding by the Director per Subsection (2) to hold in abeyance an enforcement action does not change the nonconforming status of the yard feature and does not provide legal rights to maintain the yard feature. The nonconforming provisions of Article 18 of this Chapter continue to apply to the feature.
If the Director is unable to make the findings in Subsection (2), the yard feature may be modified in a manner determined by the Director such that the Director is able to make the required findings.
If the Director is unable to the make the findings in Subsection (2) with or without modification per Subsection (4), the property owner may nevertheless apply for an exception through the Minor Fence Exception Permit process permit per Section 10-1-19200.

C. Enforcement provisions for fences and walls taller than six (6) feet.

This Subsection provides enforcement provisions for nonconforming fences and walls with a height of more than six (6) feet as measured from the abutting finished ground surface of the property on which the structure or feature is located.
Enforcement action against such features will be held in abeyance only if the fence or wall modified so as to have a height of six (6) feet or less and the fence or wall satisfies the requirements of Subsection (B).
Alternatively, a property owner may apply for an exception through the Major Fence Exception Permit per Section 10-1-19201 [Added by Ord. No. 3690, eff. 4/11/06.]