San Anselmo Municipal Code Ch. 5 Sidewalks

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

(a) "Concrete" shall mean an artificial stone-like material made by mixing cement, sand, and crushed rock or gravel with water. The construction of sidewalks, walkways, and driveways across the sidewalk area from the curb to the property line shall be limited to such concrete materials as defined in this subsection.

(b) "Business district" shall mean all that property within the Town which is zoned for business and commercial purposes by the provisions of Chapter 3 of Title 10 of this Code, and "residence district" shall mean all that property within the Town which is zoned for residential use and occupancy by the provisions of Chapter 3 of Title 10 of this Code.

(c) "Parkway space" shall mean the space in the sidewalk area whereon there is no concrete sidewalk or driveway paving wherein there may be planted grass, flowers, shrubs, trees, and other growth.

(§§ 6(c), 7, and 8, Ord. 182, as amended by § 1, Ord. 387, § 1, Ord. 388, § 1, Ord. 573, eff. November 7, 1968, § 1, Ord. 614, eff. April 22, 1971, and § IV, Ord. 738, eff. September 8, 1977)

Any planting or growth in a parkway space shall be maintained by the person owning, occupying, or having the charge and control of the premises in front of which such sidewalk area exists and shall be permitted only under the following conditions and regulations:

(a) Branches of trees shall not be permitted. to extend lower than seven (7?) feet above the surface of the sidewalk area or to extend lower than fifteen (15?) feet above the surface of the portion of the street used for vehicular traffic, whether planted in the parkway space or upon private property.

(b) Flowers, shrubs, and other growth, with the exception of trees, in the parkway space shall not be permitted to exceed eighteen (18?) inches in height.

(c) Flowers, shrubs, hedges, and other growth growing upon private property abutting any sidewalk area shall not be permitted to extend out, over, across, or upon any portion of the sidewalk area, except at the minimum height permitted by subsection (a) of this section.

(d) Any condition caused or permitted to exist in violation of the provisions of subsections (a), (b), and (c) of this section, pursuant to the provisions of Section 1-2.03 of Chapter 2 of Title 1 of this Code, shall constitute a public nuisance. The person owning, occupying, or having the control of the premises affected, within fifteen (15) days' notice to abate such nuisance, shall accomplish the abatement by appropriate pruning and trimming, and, upon failure so to do within such time, the Department of Public Works may summarily abate the nuisance by appropriate trimming and pruning. The abatement expense to the Town shall constitute a lien on the affected real property, and the amount thereof shall be added to the next succeeding tax bill on such real property. The Town shall fix and confirm the expenses by using the procedure set forth in Section 1-2.06 of Chapter 2 of Title 1 of this Code.

(§ 6(d), (e), and (f), Ord. 182, as amended by § 1, Ord. 387, § 1, Ord. 614, eff. April 22, 1971, and § IV, Ord. 738, eff. September 8, 1977)

For the purposes of this chapter, the grades of established curbs and gutters on the public streets, ways, and places in the Town shall be recognized as the proper grade to establish the grade and slope of any sidewalk, walkway, or driveway, except where it is clearly evident that such curb or gutter grade, by reason of structural failure or the rising or sinking of such curb or gutter, is not at the proper grade, in which event, or in the event no official curb or gutter grade has been established, no sidewalk, walkway, or driveway shall be constructed until such official grade of the curb or gutter shall have been established by the Director of Public Works.

(§ 1, Ord. 182, as amended by § IV, Ord. 738, eff. September 8, 1977, and § 3, Ord. 802, eff. June 11, 1981)

(§ 2, Ord. 182, as amended by § IV, Ord. 738, eff. September 8, 1977; repealed by § 3, Ord. 802, eff. June 11, 1981)

(§§ 3 and 4, Ord. 182, as amended by § 1, Ord. 614, eff. April 22, 1971, and § IV, Ord. 738, eff. September 8, 1977; repealed by § 3, Ord. 802, eff. June 11, 1981)

(§§ 4.1 and 4.2, Ord. 182, as added by § 1, Ord. 303, as amended by § IV, Ord. 738, eff. September 8, 1977; repealed by § 3, Ord. 802, eff. June 11, 1981)

(§ 5, Ord. 182, as amended by § IV, Ord. 738, eff. September 8, 1977; repealed by § 3, Ord. 802, eff. June 11, 1981)

(§ 6, Ord. 182, as amended by § 1, Ord. 387, and § IV, Ord. 738, eff. September 8, 1977; repealed by § 3, Ord. 802, eff. June 11, 1981)

No sidewalk, walkway, and/or driveway from the curb to the property line shall be constructed, nor shall the construction thereof be commenced, unless a permit therefor shall be first obtained from the Director of Public Works. All sidewalks, walkways, and driveways shall be constructed under the supervision of the Director of Public Works in accordance with the current editions of the Standard Specifications and the Uniform Construction Standards of the Cities of Marin and County of Marin and in accordance with the current requirements and policies of the Department of Public Works.

No portion of any driveway shall be permitted to extend onto the street side of the curb line.

(§ 9, Ord. 182, as amended by § IV, Ord. 738, eff. September 8, 1977, and § 3, Ord. 802, eff. June 11, 1981)

(Ord. 696, eff. November 25, 1975, as amended by § IV, Ord. 738, eff. September 8, 1977; repealed by § 3, Ord. 802, eff. June 11, 1981)

Boxes for the delivery of mail and newspapers shall be placed or maintained within the public right-of-way pursuant to an encroachment permit granted by the Director of Public Works.

(§ 10A, Ord. 182, as added by § 1, Ord. 440, as renumbered by Ord. 696, eff. November 25, 1975, as amended by § IV, Ord. 738, eff. September 8, 1977, and § 3, Ord. 802, eff. June 11, 1981)

Any property owner may apply to the Council for a permit granting a variance from the strict and technical requirements of this chapter, which application shall show all of the following:

(a) That there are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same district;

(b) That the granting of the application is necessary for the preservation and enjoyment of the substantial property rights of the petitioner; and

(c) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

The Council may grant a variance upon finding that the conditions set forth in this section exist in the particular case and that the public health, safety, and welfare will be promoted by granting the requested variance.

(§ IV, Ord. 738, eff. September 8, 1977)