Under the California Building Code (adopted by Burbank), fences not over 7 feet high are exempt from a building permit, while Burbank's zoning code requires a planning-side Minor Fence Exception Permit (for over-height up to 6 ft) or Major Fence Exception Permit (over 6 ft) to exceed the standards in BMC 10-1-603 and 10-1-628.
Two separate approvals can apply to a Burbank fence. (1) Building permit: Burbank adopts the California Building Code (CBC), which under Section 105.2 exempts 'Fences not over 7 feet (2134 mm) high' and 'Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge' from building-permit requirements. Taller fences and walls need a building permit from the Building Division. (2) Planning review / Fence Exception Permit: all proposed walls and fences (including hedges) are first reviewed by the Planning Division for compliance with Title 10. To exceed the zoning height or design standards, BMC Section 10-1-603(G)(4) and 10-1-628(H)(4) provide that an exception for a fence, wall, hedge, or yard feature 6 feet or less in height may be granted through a Minor Fence Exception Permit (Section 10-1-19200), and an exception for one greater than 6 feet may be granted through a Major Fence Exception Permit (Section 10-1-19201). In hillside areas (Section 10-1-606), a Minor Fence Exception Permit is required for fences and walls up to 8 feet and a Major Fence Exception Permit for fences and walls over 8 feet.
Building a fence over 7 feet (or a retaining wall over 4 feet) without the required building permit, or exceeding the zoning standards without a Minor or Major Fence Exception Permit, is a violation; the City may issue stop-work and correction notices, require permits after the fact, and order non-conforming fences lowered or removed.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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