Chapter 18.68
GENERAL REQUIREMENTS AND EXCEPTIONS

Sections:

18.68.010    Applicability.

18.68.020    Building sites, areas and easements.

18.68.040    Hazardous materials.

18.68.050    Height regulations.

18.68.060    Historic or prehistoric structures, sites or artifacts.

18.68.080    Mobile homes as single-family dwellings.

18.68.090    Noise.

18.68.100    Off-street parking requirements.

18.68.110    Preliminary development plan—Advisory opinion.

18.68.120    Temporary rummage sales and flea markets.

18.68.130    Vehicular dwellings and camp dwellings.

18.68.140    Yard requirements.

18.68.010 Applicability.

All regulations specified in this title shall be subject to the following general provisions and exceptions. (Ord. 453 § 5.00, 1985)

18.68.020 Building sites, areas and easements.

A. Easements, road dedications, or other land areas to be conveyed and accepted by the county or another public agency for the establishment of public or quasi-public facilities may be subtracted from the total land area involved in a particular land development when calculating densities and lot or parcel sizes.

B. Required lot or parcel sizes may be permitted to be reduced by the planning commission if said lot or parcel areas are to be preserved as open space by deed restriction and notation on the involved parcel or subdivision map. The county may also require said lot or parcel be zoned land preserve (LP).

C. Any lot or parcel of land in one ownership having an area sufficient for more than one legal lot or parcel may be used for more than one permitted use as if said lot or parcel were divided provided the uses to be established conform with regulations of the county and a use permit granted by the county.

D. Any lot of record existing prior to January 1, 1964 shall be considered a legal building site subject, however, to the regulations of this title and other county, state, or federal regulations.

E. All legally created parcels in existence before adoption of the county General Plan (January 20, 1983) and lying within General Plan designated open space (OS) areas on that date shall be allowed to contain one single-family residence subject to the regulations of this title and other county, state or federal regulations. (Ord. 453 § 5.10, 1985)

18.68.040 Hazardous materials.

The storage, use, abandonment or disposal of any substance or mixture of substances which, if human exposure should occur, may likely result in death, illness or personal injury because of the quantity, concentration, or chemical characteristics of the hazardous material or mixture of hazardous material is prohibited unless a use permit is first obtained, except that storage tanks for liquid petroleum gas and heating oil for domestic use may be allowed outright as an accessory structure or use permitted in any zone pursuant to State Building Code regulations and subject to other pertinent state and local laws. (Ord. 453 § 5.02, 1985)

18.68.050 Height regulations.

A. 1. The following height regulations shall apply to all buildings except those constructed in commercial, industrial or institutional zones and except those established for commercial, industrial or institutional uses pursuant to an approved planned development. No main building on the East Slope shall exceed thirty-four feet on a lot having a slope within the building envelope as allowed by setbacks of ten percent or less, or thirty-five feet on a lot having a slope of ten percent to twenty percent or thirty-six feet on a lot having a slope exceeding twenty percent. No main building on the West Slope shall exceed thirty-six feet on a lot having a slope within the building envelope as allowed by setbacks of ten percent or less, or thirty-eight feet on a lot having a slope of ten percent to twenty percent or forty feet on a lot having a slope exceeding twenty percent.

2. No accessory building on the East or West Slope shall exceed twenty-five feet in height.

3. The height limits specified in this section may be exceeded if a variance is granted by the county in accordance with Chapter 18.80 of this title, and providing that the front, rear, and side yard setbacks shall be increased one foot for each one foot of height that such building exceeds the limits as specified.

B. When owned by a public utility, private utility, or a private company for the public use, water tanks, radio aerials, television antennae and similar structures and necessary mechanical appurtenances may be built and used to a height not more than twenty-five feet above the height limit, provided a conditional use permit is granted by the county. Height limitations provided herein shall not apply to public utility transmission towers and pole lines.

C. Chimneys and vent pipes may exceed, by not more than three feet, the height limits specified for any zone provided that no chimney, vent pipe, or combination thereof, or architectural enclosure thereof, shall exceed ten square feet in plan area and shall not exceed five feet in the greatest dimension.

D. Radio aerials, television antennae and windmills may be permitted in any zone, provided they do not exceed the height limits allowed for the main building within said zones. (Ord. 453 § 5.09, 1985)

18.68.060 Historic or prehistoric structures, sites or artifacts.

Development projects in any zone shall report to the county the finding of any possible historic or prehistoric structure, site, or artifact. The proponents, developers or applicants for development projects in any zone may be required to protect any historic or prehistoric structure(s), site(s) or artifact(s). (Ord. 453 § 5.04, 1985)

18.68.080 Mobile homes as single-family dwellings.

Regulations for the installation of manufactured homes, mobile homes and modular homes as single-family dwellings are as follows:

A. Installation of mobile homes or manufactured homes as a single-family residence on a lot or parcel of land zoned for single-family residential use or permitting such use in accordance with this title shall require a certificate of compatibility.

B. For a mobile home or manufactured home to be eligible for a certificate of compatibility it shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) and to be installed on a foundation system pursuant to Section 18551 of the Health and Safety Code. Prior to the issuance of a building permit a certificate of compatibility must be obtained from the board of supervisors. Said certificate shall be valid for one year.

C. A certificate of compatibility may only be denied if the proposed structure does not meet the adopted criteria for compatibility.

D. A certificate of compatibility shall be valid only for a specific mobile home or manufactured home on a specific lot. Any changes or major alterations shall require application for revision to the certificate.

E. An application for a certificate of compatibility shall be made on forms provided and shall be accompanied by a plot plan and elevations or pictures of the actual unit to show details of the proposed installation including accessory buildings and landscaping.

F. The technical advisory committee defined in Chapter 18.08 of this title shall review an application of certificate of compatibility within twenty days of receiving a complete application to evaluate the proposed unit and installation for compatibility.

G. The committee shall forward a notice to all property owners within three hundred feet of the property proposed for installation at least ten days prior to the review, said time to run concurrent with subsection F of this section.

H. Criteria for certificate of compatibility are as follows:

1. The unit may only be occupied as a single-family residence;

2. The installation shall be in accordance with all provisions applicable to the zone in which the unit is installed;

3. The unit must be installed on a foundation and shall have been constructed and certified in accordance with the National Mobilehome Construction and Safety Standards Act of 1974 or the State Building

Standards Code and other applicable regulations and shall be placed on a foundation meeting the county Building Ordinance. The owner must provide certification by a licensed civil engineer that the mobile home’s design, construction and installation will meet the county’s requirements for applicable snow load, wind load, seismic load, etc.;

4. The exterior covering materials of the unit shall have materials customarily used in conventional residential structures and compatible with other buildings in the area. The exterior covering material shall extend to the ground, except that when a solid perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

5. The roof shall have eave and gable overhangs of not less than one foot measured from the vertical side of the unit;

6. The roofing material shall be composition shingles or other nonreflective materials customarily used on conventional residential structures in the surrounding area. Roofing materials must conform to the Uniform Building Code’s requirements for the material and roof pitch of the unit.

I. The committee shall notice its findings on the certificate of compatibility in writing of approval, conditional approval or denial, within five working days to the applicant, to the board of supervisors, and to any individual who has requested such notification.

J. The findings of the committee shall become effective fifteen days after said notice of the committee has been filed with the board of supervisors unless said board disagrees with the findings of the committee or an appeal to the findings is filed with the clerk of the board.

K. An appeal from any finding or action of the committee shall be made in writing to the board of supervisors within ten days from the date of filing of the action with the clerk of the board.

L. After receiving a certificate of compatibility for the installation of the unit, the owner or a licensed contractor shall obtain a building permit from the county building official. To obtain such a permit, the owner or contractor shall comply with all requirements of the county Building Ordinance and Section 18551(a) of the State Health and Safety Code. (Ord. 480 (part), 1988; Ord. 453 § 5.14, 1985)

18.68.090 Noise.

A. Purpose and Intent. Noise disturbance is a serious hazard to the public health, safety and welfare, and the quality of life. The people of Alpine County should enjoy an environment free from unnecessary, offensive and excessive noise that may jeopardize public health, safety and welfare, and degrade the quality of life. This section is intended to work in concert with and supplement Penal Code Sections 370 (Public Nuisance) and 415 (Disturbing the Peace) to establish local community standards for noise regulation.

B. Standards. No activity shall produce sounds measured in excess of the following Leq(15) standards beyond parcel boundaries within any area zoned as listed in the following table. These standards do not apply to parcel lines located within the interior of a building.

Zone

Maximum Leq(15)

Residential Neighborhood (RN*)

65 db(A)1

Residential Estates (RE*)

60 db(A)

Institutional (INS)

70 db(A)

Planned Development (PD)

70 db(A)

Commercial Recreational (CR)

75 db(A)

Commercial (C)

75 db(A)

*    Includes all subcategories of these zoning districts, such as RN-20, RE-4, etc.

1.    (A) refers to A-weighted scale.

C. Noise-Sensitive Developments. No noise-sensitive developments, such as hospitals, clinics, schools, libraries or residences, shall be allowed within one hundred feet of the nearest traffic lane of roadways where speeds of forty-five miles per hour may be attained or within two hundred feet of the nearest traffic lane of roadways where speeds in excess of forty-five miles per hour may be attained unless or until a use permit has first been obtained which shall contain conditions for the reduction of roadway noise effects upon said use. These provisions do not apply in areas with posted speed limits of less than forty-five miles per hour.

D. Sound Measurement. The following methodology shall be followed in measuring sound to determine compliance with the maximum sound level standards in this section:

1. Measuring Device. Sound measurement shall be made with a Type I or Type II sound level meter using the A-weighted network scale. The meter shall be calibrated immediately prior to taking the measurement using a certified acoustical calibrator. The calibration and measuring equipment shall be certified annually.

2. Ambient Sound Level Adjustment. In the event the measured ambient sound level exceeds the applicable standard (as measured without the potentially offending source in operation), the applicable maximum sound level standard shall be adjusted to equal the ambient sound level plus five decibels. The ambient sound shall be measured with a sound level meter using the fast response and A-weighting. The ambient sound level shall be determined with the potentially offending source silent. If the potentially offending source is continuous and cannot reasonably be discontinued or stopped for a time period that allows for ambient sound level measurement, the sound level measured while the potentially offending source is in operation shall be the applicable measurement for determination of compliance with the maximum sound level standard.

E. Exceptions. Exceptions to the requirements in this section may be allowed as provided below:

1. Special Events. Sound levels and duration shall be regulated through the conditions of approval for the special event permit issued and approved by the county.

2. Temporary/Short Duration Activities. Where it can be shown that it is impractical or unreasonable due to the type or nature of the activity, or the requirement to conduct the activity in order to comply with another regulatory requirement, the county permitting/approval authority for the activity may allow an exception to the requirements in this section for activities that are either temporary or short duration. In granting an exception, the permitting/approval authority shall consider the potential impacts to adjacent properties and should impose reasonable conditions on the permit that are intended to mitigate (i.e., reduce) noise impacts. Examples of such conditions include but are not limited to the following: modification of the locations of sound sources, buffering or muffling the sound source, modifying the activity, or limiting the time period (daily and total duration) of the activity.

F. Exemptions. Sound or noise from the following sources and activities are exempt from the requirements of this section:

1. Construction. Noise from construction activities between the hours of eight a.m. and six p.m. Monday through Friday; and between nine a.m. and three p.m. on Saturday and Sunday. Construction noise that does not exceed the maximum sound levels allowed in this section is not subject to these time restrictions.

2. Emergencies. The use and operation of equipment, tools, etc., connected with emergency activities or emergency work to protect life or property; use of emergency warning devices operated by public safety officers.

3. Residential Use. Usual and customary activities associated with the use and maintenance of residential property that occur between the hours of seven a.m. and nine p.m. Examples include, but are not limited to, home and property maintenance, cutting personal firewood, personal vehicle repair, children at play, private social events, and the lawful use of an ATV, snowmobile, motor bike, or other motorized recreational equipment.

4. Public Facilities and Utilities. Operation, maintenance and repair of facilities by public agencies and utility providers. Examples include, but are not limited to, snow removal, clearing debris from storms, repairing downed utility lines, and maintaining/cleaning sewer lines.

5. County Property. Activities conducted on county property that are sanctioned and/or approved by the county. Maximum sound levels identified in a special event permit will be in effect if such a permit is applicable to the activity.

6. Schools. Activities conducted on public or private school grounds normally associated with operation of the school. Examples include, but are not limited to, recess, athletic events, school entertainment and educational events.

7. Garbage Pick Up. Regular service for the collection of solid waste and garbage.

8. Firearms. Legal discharge of firearms.

9. Commercial Use. Usual and customary activities associated with the use and maintenance of commercial business and commercial property that occur between the hours of seven a.m. and nine p.m. Examples include, but are not limited to, deliveries, building maintenance and grounds maintenance.

G. Public Nuisance/Disturbing the Peace. Even though an activity may be in compliance with this section (including as an exception or exemption) it may still be determined to be a public nuisance and/or disturbing the peace under California Penal Code Sections 370 and 415 respectively and subject to enforcement and penalties accordingly.

H. Violations, Enforcement and Penalties.

1. Violations. Producing any sound or noise that exceeds the standards as set in subsection B of this section is a violation of this section. Each one-hour period during which a violation occurs shall constitute a separate offense and shall be punishable as such.

2. Enforcement. See Chapter 18.92 of this code.

3. Penalties. See Chapter 18.92 of this code.

4. Investigative Responsibility. The following county officials are assigned responsibility for conducting investigations regarding compliance with this section: community development director, building official, environmental specialist, public health officer, county sheriff. These officials may delegate responsibility to any employee under their supervision.

I. Definitions. The following terms used in this section shall have the following meanings:

1. “A-weighted network scale” means the standard A-weighted frequency response of a sound level meter, which emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.

2. “Ambient sound level” means the composite of normal or existing (i.e., background) sound from all sources measured at a given location for a specified time of the day or night.

3. “County permit/approval authority” means the county department or individual that has designated authority pursuant to this code and/or other federal, state or local adopted laws, regulations or policies to approve permits and/or activities.

4. “Leq(15)” means the average noise level measured over a fifteen-minute period.

5. “Noise” means any sound which annoys or disturbs humans or is unwanted or which causes or tends to cause an adverse psychological effect on human beings.

6. “Noise disturbance” means any sound which endangers or injures the health of humans or disturbs a reasonable person of normal sensibilities. (Ord. 689 § 1 (Exh. A), 2009: Ord. 453 § 5.03, 1985)

18.68.100 Off-street parking requirements.

Off-street parking shall be required for the intended use in every zoning district according to the following formula. No parking spaces, as required by this title, shall be located within one-half the required yard area that is closest to the front or side lot or parcel line in any required front yard, or in any required side yard on the street side of any corner lot. No parking spaces shall be allowed within the site distance area of any street corner lot or parcel unless a variance is first obtained. When computing the number of required parking spaces for any use, fractions shall be rounded off to the next highest number.

A. Residential uses:

1. Single-family, duplex, multiple-family residence dwellings, two spaces per dwelling unit;

2. Second-family dwellings, one off-street parking space to accommodate year-round parking or one off-site winter parking site that meets county approval;

3. Roominghouses or boardinghouses and group dwellings: one space per each two occupants for which sleeping facilities are provided;

4. Hotels, motels, bed and breakfast: one space per each guest room or dwelling unit.

B. Institutional uses:

1. Nursing homes, homes for the aged, group-care homes, convalescent hospitals, etc.: one space for each three beds;

2. Hospitals: one space per each bed;

3. Churches: one space for each four fixed seats or every eight feet of bench length. Where no permanent seats or benches are maintained, one space for every twenty-eight square feet of principal assembly area;

4. Elementary and junior high schools: one and one-half spaces for each employee or faculty member, plus one space for every forty-two square feet of seating area in auditorium or assembly area;

5. High schools: one and one-half spaces for each employee or faculty member, plus one space for each two hundred fifty square feet of classroom area;

6. Libraries, museums, art galleries: one space for each three hundred square feet of gross floor area.

C. Commercial uses:

1. Automobile or machinery sales and service garages; nursery and garden supply; building material yards: one space for each five hundred square feet of gross floor area, plus one space for each two thousand square feet of outdoor sales or service area, plus one space for each employee;

2. Barbershops and beauty shops or schools: one space for each seventy-five square feet of gross floor area, plus one space for each employee;

3. Banks, post offices, business and professional offices or clinics: one space for each three hundred square feet of gross floor area, plus one space for each employee;

4. Dancehalls, assembly halls, theaters and sports arenas: one space for each four fixed seats. Where no fixed seats are provided, one space for each one hundred square feet of floor area used for assembly or dancing;

5. Furniture and appliance stores or repair shops and similar uses which handle only bulky merchandise: one space for each six hundred square feet of gross floor area, plus one space for each employee;

6. Launderettes: one space for each four machines;

7. Restaurants, beer parlors and nightclubs: one space for each four seats. Drive-in restaurants shall provide one space for each one hundred square feet of gross floor area and one space for every two employees;

8. Retail stores, secondhand shops, etc.: except as otherwise specified herein, one space for each two hundred square feet of gross floor area, plus one space for each employee;

9. Warehouse, storage building, wholesale operating and light manufacturing plants: one space for each two thousand square feet of gross floor area, plus one space for each two employees on the largest shift;

10. Laboratories and research facilities: one space for each three hundred square feet of gross floor area.

D. Off-street parking requirements for uses not herein specified shall be determined by the planning commission.

E. If there is no parking available on the building site, off-street parking as required by this section may be provided on an adjacent or noncontiguous parcel upon first securing a use permit in each case. (Ord. 453 § 5.12, 1985)

18.68.110 Preliminary development plan—Advisory opinion.

A. A preliminary development plan may be submitted by a developer at his/ her option, to the planning commission for the purposes of receiving an advisory opinion on the land use, density and other items being proposed. Such preliminary development plan shall be clearly labeled preliminary and should include a location plan, plot plan showing the approximate location of lots, buildings, building sizes and use, parking areas, circulation and may include any special features being proposed. Such plan shall be of sufficient scale and accuracy to clearly show the intentions of the developer.

B. A preliminary development plan shall be accompanied by fees equivalent to one-half the fees normally required for a rezoning, use permit or other required county approval. Such application and fees shall entitle the applicant to one review before the planning commission, and one advisory opinion of the land use and density proposed.

C. An advisory opinion of the planning commission issued on a preliminary development plan shall not be construed as approval or disapproval of the project. The purpose of the advisory opinion shall be to provide assistance and advice to the owner in the preparation of a formal proposal. (Ord. 453 § 5.07, 1985)

18.68.120 Temporary rummage sales and flea markets.

Temporary rummage sales and flea markets may be held in any given location or sponsored by a particular person or group for not more than five days in any calendar year. (Ord. 453 § 5.05, 1985)

18.68.130 Vehicular dwellings and camp dwellings.

Regulations restricting the occupancy of mobile homes, recreational vehicles, tents, and camps to temporary use and occupancy as dwellings for recreation and emergency purposes unless otherwise specified are as follows:

A. No mobile home may be used or occupied for living or sleeping purposes unless such mobile home is installed pursuant to Section 18.68.080 or unless it is located within an approved and authorized public or private mobile home park, except that temporary use and occupancy may be permitted, subject to health department and other appropriate conditions, as follows:

1. One mobile home may be located and occupied on a private site owned by the mobile home owner/occupant, or with the written consent of the site owner, for a period not to exceed sixteen days in any calendar year. Such period may be extended by planning commission approval of an occupancy permit.

2. The building inspector may issue an occupancy permit for one mobile home on a site for which a building permit has been issued, such occupancy permit to be effective from not more than ten days prior to start of construction to completion of construction, but in no case to exceed one year unless a renewal and time extension of such permit is approved by the planning commission.

3. The planning commission may find that temporary housing is necessary as the result of natural or other disaster, or is otherwise necessary in the interest of public health, safety, comfort, and convenience, and may approve such temporary housing subject to appropriate occupancy permit conditions.

B. 1. No recreational vehicle may be used or occupied for living or sleeping purposes unless such vehicle is located within an approved and authorized public or private mobile home park, recreational trailer park, travel trailer park, campground or similar facility which is equipped and operated to accommodate such particular vehicles.

2. The maximum period of occupancy permitted in any such private location shall not exceed sixteen days.

3. Exceptions to the provisions of this section are as follows:

a. Temporary use and occupancy of recreational vehicles is permitted on lands administered by National Forests and the Bureau of Land Management, except in areas where such use is expressly prohibited or otherwise regulated by the owner agency. Permitted use and occupancy is limited to sixteen days in any calendar year in any National Forest Ranger District or on any Bureau of Land Management lands unless otherwise posted or regulated by the owner agency;

b. One recreational vehicle may be located and occupied on a private site owned by the vehicle owner occupant, or with the written consent of the siteowner, for a period not to exceed sixteen days in any calendar year. Such period may be extended by planning commission approval of an occupancy permit;

C. No commercial coach may be used or occupied for living or sleeping purposes and/or for industrial, commercial, professional, or administrative purposes, except that the planning commission may issue a temporary conditional occupancy permit for any such use on a finding of substantial necessity, as follows:

1. When the use is related to a public works or other major construction project;

2. When the use is required by a public agency to provide an essential administrative or facility operation service of public benefit;

3. When the use is required in an emergency situation involving the public health, safety, or general welfare;

4. When approved subject to the county Building Ordinance in conjunction with an approved building permit.

D. 1. No person may establish, use, or occupy a camp, campsite, or camping area for living or sleeping purposes in a recreational vehicle or otherwise except within an approved and authorized public or private recreational trailer park or camping area which is equipped and operated for such use.

2. Exceptions to the provisions of this subsection are:

a. Temporary use and occupancy for such purposes is permitted on lands administered by National Forests and the Bureau of Land Management, except in areas where such use is expressly prohibited or otherwise regulated by the owner agency. Permitted use and occupancy is limited to sixteen days in any calendar year in any National Forest Ranger District or on any Bureau of Land Management lands unless otherwise posted or regulated by the owner agency;

b. Temporary use and occupancy for such purposes is permitted on a private site owned by the use occupant, or with the written consent of the site owner, for a period not to exceed sixteen days in any calendar year. Such period may be extended by planning commission approval of an occupancy permit.

E. Permits. Application for an occupancy permit shall be made on a form provided by the planning commission.

F. Appeals. Appeal from any action of the building inspector taken under the provisions of this title shall be made in accordance with the provisions of Chapter 18.88 of this title.

G. The regulations of this section apply to federal and state lands only as duplicate and/or complementary regulations to those effective under federal and state law.

H. This section shall be so administered as to ensure conformity with applicable federal and state law, local codes and health regulations, and with the General Plan of the county and Title 13 of this code. Permits pertinent hereto shall contain, as appropriate in each particular case, conditions and standards for lot size and design, yards, park areas, landscaping, walls or enclosures, signs, access, vehicle parking, and accessory structures and uses. (Ref: Section 18300, Health and Safety Code.)

I. One mobile home or recreational vehicle may be parked for storage purposes only upon property of the owner, provided that it is not occupied for living or sleeping purposes at any time, it is not connected to any water, power, sewerage, or other utility services and it does not occupy any required front or street side yard or sight distance area on a street corner lot or parcel. (Ord. 453 § 5.15, 1985)

18.68.140 Yard requirements.

A. No temporary or permanent structure, plant, or other physical matter which in the opinion of the county may constitute an obstruction to clear view of vehicle, equestrian or pedestrian traffic shall be placed within the sight distance area of any street corner lot or parcel unless a variance is first obtained. None of the listed yard requirements contained in this title shall supercede this requirement.

B. In any case where a setback line or building line has been established as part of an approved subdivision or planned development, the yards shall be not less than the distance specified for such setback or building line.

C. Garages, carports and other accessory buildings may be attached to and have a common wall with the main building, or when otherwise located as required by this title, may be connected thereto by a breezeway. No parking spaces, as required by this title, shall be located within one-half the required yard area closest to the property line in any required front yard, or in any required side yard on the street side of any corner lot.

D. A detached garage and/or other accessory building not exceeding one story in height and without living quarters may occupy not more than fifty percent of the area of a required rear yard, and a garage or accessory building that is not attached to and made a part of the main building shall not be closer than five feet clear distance from the main building.

E. Cornices, eves, canopies, fireplaces and similar architectural features, but not including any flat wall or window surface, may extend into any required yard a distance not to exceed two feet.

F. Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not to exceed six feet and into any required side yard a distance not exceeding one-half of the width of the side yard required for the lot.

G. Where adjoining lots are improved with buildings, the minimum front yard required for a vacant building site shall be the average of the front yards of the adjoining lots.

H. In RE and RN districts, fences in side and rear yards may not exceed six feet in height, and may not exceed four and one-half feet in front yards. (Ord. 453 § 5.11, 1985)