Article IV — Structural and Site Requirements

The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions, and exceptions contained in this article. (Prior code § 27-23.1; Ord. 21-1722 § 2)

• A. Each lot or parcel otherwise constituting a legal building site:

  1. Which has the required minimum area and otherwise conforms to the requirements of this title; and

  2. Which has access to a portion of a public street certified by the Director of Public Services as being a part of the City street system and as conforming to general City standards and requirements as to width, improvements, drainage, grade, and otherwise, or to special standards expressly authorized by the City Council:

     • a. By abutment thereon for a linear distance of not less than 20 feet, or

     • b. By passage over any streets, ways, or private easements of record, if the Planning Commission determines that the access from the City street system to the proposed buildings and uses will be adequate to meet traffic, health and public safety requirements,

May be improved and used in the manner permitted by this title.

• B. Where a determination of the adequacy of access is required to be made by the Planning Commission pursuant to subsection (A)(2)(b) of this section, a plot plan conforming to the requirements of the Planning Commission as to scope, form and content shall be submitted, and any improvement or use of the property shall be subject to the approval of the Planning Commission. The Planning Commission shall not approve any proposed development or use hereunder unless it shall find that the applicant has shown to the reasonable satisfaction of the Planning Commission:

  1. That the access is adequate;

  2. That the limited access for the proposed development or use will not adversely affect the established character of the neighborhood or area, nor be materially detrimental to the public welfare, nor injurious to the property or improvements in the neighborhood; and

  3. That approval of the plot plan will not adversely affect the general plan.

• C. An appeal from any determination or decision of the Planning Commission hereunder may be taken to the City Council. The time for filing such appeal, the content and form thereof, and the procedure for dealing with and determining such appeal shall follow the provisions regarding appeals set forth in Sections 17.02.210(G) and (H), and, as though these sections expressly referred to plot plan cases, provided, however, that notice of the decision of the City Council need be given only to the applicant.

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City of Norwalk, CA

ZONING

§ 17.03.220

§ 17.03.250

• D. Except as herein provided, no parcel or lot, whether or not of the required minimum area and width, may be improved by addition, construction, reconstruction, erection or structural alteration of any building thereon, nor may any use be maintained thereon except such use as was lawfully established thereon on August 14, 1961, and continued thereafter without suspension.

(Prior code § 27-22.11; Ord. 21-1722 § 2)

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts, and similar structures, when permitted in the particular zone, may be erected above the height limits prescribed by this title, but no penthouse, roof structure, or any other portion of a structure above the height limit prescribed for the zone in which the building is located may be used as additional floor space. (Prior code § 27-23.2; Ord. 21-1722 § 2)

No building or structure shall be erected or maintained in any zone on a lot or parcel which abuts a street having only a portion of its required width (as determined by the City Council or the Director of Public Services) dedicated, where less than one-half of the required width would normally revert to such lot if the street were vacated, unless the yards provided for such building or structure have a width or depth equal to the sum of the difference between one-half of the required width of such street and the width which would revert to such lot or parcel, plus the width or depth of the yards otherwise required for such building or structure by this title.

This section does not require a yard of such width or depth as to reduce the buildable width of a corner lot to less than 40 feet.

(Prior code § 27-23.3; Ord. 21-1722 § 2)

• A. All corner lots shall maintain, for safety vision purposes, a corner cut-off at the street intersection corner of the lot, which cut-off shall be formed by a diagonal line drawn between two points located 17 feet along the front and side lot lines from their point of intersection, or from the point of intersection of the lot lines as extended. Within such corner cut-off, no tree, fence, shrub or other physical obstruction higher than 30 inches above the established curb grade shall be permitted; provided, however, that the City Engineer may waive or modify the restrictions imposed by this section where, in his or her opinion, the obstruction will not constitute an unreasonable hazard to traffic safety.

• B. No building or structure shall hereafter be erected or constructed upon a corner lot, nor shall any existing building or structure upon a corner lot be substantially reconstructed, or structurally altered, unless the required corner cut-off area shall have been dedicated to the public use. Unless waived or modified by the City Engineer, the size, shape or area of the corner cut-off shall be determined by a curved line on a constant radius of either 15 feet or 25 feet constructed tangent to the two lot lines intersecting at the corner. The 15 foot radius will be used at all intersections of one or more streets whose ultimate right-of-way width is or will be less than 80 feet. The 25 foot radius will be used for cut-offs at all other intersections.

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City of Norwalk, CA

NORWALK CODE

§ 17.03.250

§ 17.03.300

(Prior code § 27-23.4; Ord. 21-1722 § 2)

Cornices, eaves, belt courses, sills, buttresses, chimneys, and other similar architectural features may extend or project into a required side yard provided that no such features may project within 30 inches from the side property line, and may extend or project into a required front or rear yard not more than 48 inches.

(Prior code § 27-23.5; Ord. 21-1722 § 2)

An open, unenclosed stairway or balcony not covered by a roof or canopy may extend or project into required front and rear yards not more than 48 inches. (Prior code § 27-23.6; Ord. 21-1722 § 2)

• A. In any R-1, R-2, R-3, R-A or R-P zone, a covered or uncovered porch or patio substantially enclosed on not more than one side in addition to a side of which 50% or more is a common wall with a main building, and which does not extend above the level of the first floor of the main building to which it is attached, may extend or project not more than six feet into the required front yard, or into any part of a required rear yard, provided that it shall not extend or project within five feet of the rear lot line or of any alley line, and further provided that not more than 50% of a required rear yard may be occupied by structures of any kind.

• B. In any such zone, an uncovered porch or platform, without enclosure, except as afforded by the wall of a building, and which does not extend above the level of the first floor of the building to which it is attached, may extend or project into a required front yard or side yard not more than six inches for each one foot of the required depth or width of such yard, and into any part of a required rear yard, but not within five feet of the rear lot line or of any alley line.

(Prior code § 27-23.7; Ord. 21-1722 § 2)

The minimum front yard requirement for a key lot may be reduced by the Planning Commission to a minimum of 10 feet, by approval of a plot plan showing such reduced front yard. (Prior code § 27-23.8; Ord. 21-1722 § 2)

• A. A solid wall, fence, or hedge up to six feet in height may be located anywhere on a lot or parcel, except within the required front setback area, where the height is restricted to 42 inches, and except within a corner cut-off area, where the height is restricted to 30 inches as prescribed in Section 17.03.250.

• B. The Director of Community Development may grant administrative approval for: (1) an open, non-view obscuring fence exceeding the above stated height limitation within the required front setback area or within a corner cut-off area; or (2) a solid wall, fence, or

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City of Norwalk, CA

ZONING

§ 17.03.300

§ 17.03.330

hedge in excess of six feet in height located elsewhere on a lot or parcel where the Director determines that such fence or wall will not adversely affect the public health, safety, or general welfare.

• C. No wall or fence in excess of six feet in height shall be erected or constructed unless a building permit therefor has been obtained.

(Prior code § 27-23.9; Ord. 1453 § 1, 1996; Ord. 21-1722 § 2)

• A. No person shall, by deed, dedication, grant, hypothecation, creation of or subjection to lien or encumbrance, or by any other means whatsoever, reduce or diminish or subject to possible future reduction or diminishment by foreclosure of any lien, hypothecation or encumbrance, any area, width, yard, or setback or other open spaces of any lot or parcel, below the minimum area, width, yard, setback or other open space requirements prescribed by this title, except as hereinafter in this section provided.

• B. This section shall not prohibit reduction in size of any lot or parcel area by the exercise of the power of eminent domain by the City, or by dedication or grant to the City, or to any other public agency, for public purposes; provided that, whenever the area, width, yard, setback or other open space of any lot or parcel is diminished below the minimum required by this title in such manner, the substandard remaining lot or parcel shall be a legal building site only if certified by the Director as substantially conforming to the requirements or the zone in which such parcel is situated and substantially conforming to the purposes and intents of this title as declared in Section 17.01.020. Upon demand, any interested person may require such certification, if given, to be put in writing, acknowledged and recorded in the office of the County Recorder.

(Prior code § 27-23.10; Ord. 21-1722 § 2)

No structure which is moved onto or to a different building site or location within the City, in any zone, may be occupied or used unless the structure is made to conform to all of the requirements of this title. No structure moved onto or to a different building site or location may remain within the City, except for resale in a zone where such use is permitted, for a period exceeding six months, without being brought into full conformance to all of the requirements of this title. No building shall be converted or structurally altered in any zone unless such conversion or alteration is intended to result and results in substantial conformance to the requirements set forth in this title.

(Prior code § 27-23.12; Ord. 21-1722 § 2)

Yard requirements in the nature of building and structure setbacks (hereinafter termed "building setbacks") are applicable to all industrial development abutting property zoned for residential use; provided, however, that this section shall not apply to industrial development existing on August 10, 1964, except upon the expansion of such use, construction or erection of additional buildings, or structural alteration of existing buildings, and shall not in any event require removal of existing buildings or structures or prevent expansion, construction, erection or alteration outside of such required setback areas.

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City of Norwalk, CA

NORWALK CODE

§ 17.03.330

§ 17.03.330

• A. Rear and Side Yard Setbacks. Except as hereinafter provided in this paragraph, every lot or parcel zoned or used for industrial development and abutting property zoned for residential use shall maintain rear and side yard building setbacks of 20 feet for all industrial buildings and structures not exceeding one story or 20 feet in height, and 40 feet rear and side yard building setbacks for industrial buildings or structures exceeding one story or 20 feet in height, along the side lot or rear lot lines where such lot or parcel abuts upon residential property.

  1. Alternate Sound Control for Ten- to Twenty-Foot Setback. Notwithstanding the foregoing provision of this paragraph, industrial buildings and structures not exceeding one story or 20 feet in height may be erected or maintained not less than 10 feet from the side lot or rear lot lines abutting upon residential property, and industrial buildings or structures exceeding one story or 20 feet in height may be erected or maintained not less than 20 feet from the side or rear lot lines abutting upon such residential property, provided that the following conditions are strictly complied with:

     • a. Exterior walls within 20 feet of such side or rear lot lines shall be at least six inches in thickness, and shall be constructed of: (i) reinforced concrete or concrete block, or of (ii) double two-inch by four-inch studs, with stud spaces filled with a minimum of four inches of insulation, with stucco on the exterior face of the wall and lath and plaster on the interior, or of (iii) other materials and designs approved by the Community Development Department as equivalent in sound and fire control to either of the foregoing;

     • b. Only fixed or stationary windows may be constructed in walls parallel to such side or rear lot lines;

     • c. Roof openings may be constructed in such buildings or structures only if they are so equipped that they may be closed to prevent the emission of noise of such a nature or intensity as would tend to disturb the peace and quiet of residents on abutting properties.

2. Sound Control for Zero- to Ten-Foot Setback. Notwithstanding the foregoing provision of this section, industrial buildings and structures not exceeding one story or 20 feet in height may be erected and maintained without regard to side or rear lot line setbacks, provided that the following conditions are strictly complied with:

   • a. All exterior walls of such buildings or structures shall be constructed of six-inch reinforced concrete or six-inch concrete block, or of other materials and designs approved by the Community Development Department as equivalent in sound and fire control;

   • b. No windows, doors, or other openings shall be installed or permitted in any wall of such building or structure abutting such residential property;

   • c. No roof openings may be installed or constructed in such building or structure within 40 feet of a lot or parcel line abutting residential property, and no industrial tools or equipment may be operated on such lot or parcel which make a sound audible from abutting nonindustrial properties and with a sound level in excess of the average sound level at the same times of the nonindustrial neighborhood in the immediate vicinity.

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City of Norwalk, CA

ZONING

§ 17.03.330

§ 17.03.340

• B. Permitted Use of Setback Areas. Each such setback area required by this section shall be used only for temporary parking of automobiles, or as otherwise permitted if such area were in the P zone; provided, however, that if such setback area is used for parking, it shall be improved as specified in Section 17.03.050(C).

• C. Wall to Separate from Residential Uses. A solid masonry wall, not less than six feet in height, shall be constructed and maintained along each lot or parcel line of property used for industrial use, when such lot or parcel line abuts property zoned for residential use. If the exterior wall of a building or structure abutting such residential property is located within five feet of such boundary line, the masonry wall may be constructed as an adjunct to or prolongation of such exterior building or structure wall. The construction and maintenance of such wall shall be the responsibility of the industrial user. Notwithstanding any other provision of this article or of this code, no industrial use is permitted to continue or commence without compliance with this requirement.

• D. Entrances and Openings. Any other provision of this article notwithstanding, no doorway entrance or other opening in excess of four feet by eight feet in any industrial building or structure shall be installed or maintained within 100 feet of a side or rear lot line abutting upon residential zoned or used property; provided, however, that an entrance or opening in excess thereof may be installed in a wall of such building or structure opposite to the wall abutting such residential property; and provided, further, that an entrance or opening in excess thereof may be installed in a wall substantially perpendicular to the lot line abutting such residential property within 100 feet of such residential property when such opening is separated from such side or rear lot line by a portion of the industrial building or structure at least equal in length to the width of such opening and substantially perpendicular to such opening.

(Prior code § 27-23.14; Ord. 21-1722 § 2)

Notwithstanding the yard requirements generally imposed in the several zones by other provisions of this title, the yard requirements for irregularly or unusually shaped or situated properties shall be as determined in accordance with this section. Each lot or parcel determined by the Planning Division to be of such an irregular or unusual shape, or to be so irregularly or unusually situated that the yard requirements generally applicable in the particular zone cannot govern such property in a particular manner, shall not be compelled to adhere to the generally applicable yard and setback requirements if it shall comply with and conform to particular yard requirements imposed on such property by the Director. Prior to construction of any buildings thereon, such property shall be subject to review by the Director, who shall determine the appropriate yard requirements by written order, copies of which shall be filed with the City Clerk and with the Community Development Department and shall be posted forthwith upon a bulletin board in the City Hall corridor or entryway. Such requirements shall be determined with the following considerations in mind:

• A. Type, location and extent of yards and setbacks on adjacent properties;

• B. Location of existing and potential buildings on the subject and adjacent properties;

• C. Use of buildings, yards and setback areas on the subject and adjacent properties;

• D. Zoning of the subject and adjacent properties.

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City of Norwalk, CA § 17.03.340

NORWALK CODE

§ 17.03.340

In determining the appropriate yard and setback requirements, the Director shall generally be guided by the purposes and intents of this title as declared in Section 17.01.020, as they relate to yards and setbacks, and shall follow the principle that yard and setback requirements for irregularly or unusually shaped or situated properties should generally be substantially similar in their effect to the effect usually produced by, the standard yard and setback requirements applicable to standard lots in the same zone and vicinity.

Any determination made pursuant to this section shall be subject to appeal to the Planning Commission by the property owner or any other person objecting thereto, by written notice of appeal filed with the Planning Division within 10 days following the posting of a copy thereof as hereinabove required. The filing of an appeal within such period shall suspend the operation of such determination until final determination by the Planning Commission, which shall be guided by the standards and principles hereinabove set forth.

(Prior code § 27-23.15; Ord. 21-1722 § 2)

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City of Norwalk, CA