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A. Structures – Height Limits. No building or structure shall hereafter be erected or altered to exceed the height limit established for the district in which the structure is located, subject to the following exceptions:

1. Elevator and stairwell roof enclosures, chimneys, flues, and vents may exceed the height limit to the minimum extent necessary to allow for the normal function of such facility or appurtenance.

2. Towers and cupolas, occupying no more than twenty (20) percent of the total building footprint, may exceed the height limitation by no more than eight (8) feet. Such structures shall be subject to design review per Larkspur Municipal Code Chapter 18.64.

3. Church spires and flag poles and monuments located on nonresidential properties may exceed the height limit by fifty (50) percent.

B. Obstruction Limits at Intersections. At intersections of streets and/or commercial driveways, no obstruction of vision exceeding thirty (30) inches in height shall be erected or maintained within thirty (30) feet of the intersection of the street lot lines, or the projections of such lines (commonly known as a “clear vision triangle”). Trees trimmed of branches up to a height of eight (8) feet, and legal nonconforming buildings and posts, shall not be deemed obstructions to vision.

C. Fences in Yards. Unless expressly approved by the fence height exception procedure of subsection (D) of this section, fences shall not be erected, maintained or allowed to exist when exceeding any of the following limits:

1. The obstruction limits at intersections stated in subsection (B) of this section;

2. Three and one-half (3-1/2) feet when located in any front yard or street side yard, except that a decorative entry gate or arbor not exceeding five (5) feet in width, four (4) feet in depth, and eight (8) feet in height, with support pillars no larger than one foot by one foot, may be constructed in a front and/or street side yard; provided, that it is located outside the “clear vision triangle” described in subsection (B) of this section;

3. Six (6) feet when located in any yard other than those described in subsection (C)(1) and (2) of this section; however, an additional one foot of lattice or similar translucent material may be added if agreed to by abutting property owners.

D. Fence Height Exception. Fence heights exceeding those stated in subsection (C) of this section may be allowed if approved pursuant to the following exception procedure: Application for exception shall be made to the Planning Department and shall be accompanied by a fee in the amount established by City Council resolution. Upon receipt of a complete application, the exception shall be scheduled and noticed for public hearing pursuant to the requirements of Larkspur Municipal Code Section 18.72.030. The Zoning Administrator shall approve a fence height exception only after making all of the following findings:

1. The fence height will not create hazards by impairing the view of pedestrians or traffic as seen by motorists exiting and entering the subject property, neighboring properties, and adjacent streets.

2. The fence height will not impair the access to light and air of structures on the subject property and neighboring properties.

3. The fence height will not block significant views from structures and outdoor areas located on neighboring properties.

4. The height and design of the fence will be compatible with the scale, mass and architectural character of structures in the neighborhood.

5. The fence height will not significantly visually obstruct or reduce the openness of the street scene comprised of front yards and street side yards in the neighborhood. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(12, 13), 2007; Ord. 935 § 2, 2004; Ord. 930 § 1, 2004; Ord. 929 § 13, 2004; Ord. 857 § 11, 1993; Ord. 589 § 1, 1978; Ord. 313 § 4.5, 1965; Ord. 295 § 23, 1962)