A. Chimneys, vents, cupolas, spires, and other architectural or mechanical appurtenances may be erected to a greater height than the limit established for the district in which the building is located, except in the Coastal Zone where the height of such structures shall be subject to a coastal permit.

B. Towers, poles, water tanks, and similar structures may be erected to a greater height than the limit established for the district in which they are to be located, subject to securing a use permit and, in the Coastal Zone, a coastal permit in each case.

C. In any required front yard or in any required exterior side yard or any side yard abutting a street, separate fences and retaining walls shall not exceed three and one-half feet in height and fences combined with retaining walls shall not exceed a combined height of four and one-half feet with the retaining wall not exceeding one foot in height, all subject to modifications in subsections G and H of this section.

D. NOTE: Retaining walls exceeding thirty inches in height are required to meet all Uniform Building Code (UBC) requirements. All persons planning to install a retaining wall should check with the Marina Building Division prior to installing a retaining wall. Retaining walls that exceed thirty inches in height above grade are required to install a thirty-six-inch (three-foot) tall guardrail on top of the retaining wall for safety reasons. The Marina Building Department shall determine when a guardrail is required. This note is provided for informational purposes only. It is not a quote from the UBC.

E. In any required rear yard or in any required interior side yard or any required side yard not abutting a street, separate fences and separate retaining walls shall not exceed six feet in height, and fences combined with retaining walls shall not exceed a combined height of nine feet with the retaining wall not exceeding three feet in height.

F. All heights referenced in subsections C and D of this section shall be measured from the finished ground elevation at the base of a separate fence and from the finished ground elevation at the base of the lower side of a separate retaining wall or a combined retaining wall and fence. A fence or a wall shall be considered a separate fence or a separate wall when the face of the fence and the face of the retaining wall are separated by a minimum three-foot horizontal distance or are located on separate building sites.

G. The heights of fence columns may extend a maximum of six inches above the maximum height otherwise allowed by the height limitations described above. The height of arbors integrated into the design of a fence and incorporating a pedestrian opening in the fence may exceed the height limitations described above, provided the height of such an arbor does not exceed a height of twelve feet above the height of the finished ground elevation at the pedestrian opening.

H. Maximum height limitations as otherwise required above may be exceeded where determined necessary by the planning commission or the city council on appeal (1) to provide satisfactory visual or sound isolation of sensitive land uses from commercial activities such as contractors yards, loading docks and similar commercial activities or (2) to provide reasonable security for areas approved for outdoor storage of equipment or material associated with approved contractor’s yards to restrict unauthorized access to facilities that might be dangerous or hazardous.

I. Master fence plans for subdivisions of five units/lots or more shall be reviewed as part of the entitlement process. Master fence plans for minor subdivisions may, at the discretion of the applicant, be reviewed as part of the entitlement process. Master fence plans may deviate from the fence regulations stated herein if the design review board and/or planning commission makes findings that the proposed fences provide public safety, privacy or security and are aesthetically pleasing from the street side view (findings are listed in order of importance). The design review board or planning commission may require landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof.

J. In the R-1 district, on a corner lot created after January 6, 1997, the heights of fences, retaining walls or combinations thereof located in any required front yard or any required exterior side yard or any side yard abutting a street shall be regulated by limits set forth in subsection D of this section rather than subsection C of this section in circumstances where: (1) said fence, wall or combination thereof is a minimum of ten feet back of a sidewalk constructed in accordance with plans approved by the city of Marina or in the absence of such a sidewalk, within ten feet of the probable location of a future sidewalk as determined by the director of public works, and/or (2) said fence, retaining wall or combination thereof encloses an area of the site which is opposite from the front entrance to the main structure on the site for units where the front door faces the longer street side.

K. In the R-1 district, on a corner lot created prior to January 7, 1997, fences, retaining walls or combined retaining walls/fences are subject to the pre-January 7, 1997, fence regulations listed below: