Chapter 18.42
GENERAL PROVISIONS

Sections:

18.42.010    Scope.

18.42.020    Keeping of animals.

18.42.030    Satellite antennas.

18.42.040    Uses.

18.42.050    Height.

18.42.060    Lot area.

18.42.070    Fences, hedges and walls.

18.42.080    Setbacks for streets and alleys.

18.42.085    Building setbacks for commercial and industrial development.

18.42.090    Swimming pool setback areas.

18.42.095    Residential design criteria.

18.42.100    Permitted projections into required yards.

18.42.110    Protection of intersection visibility.

18.42.120    Distance between buildings.

18.42.130    Refuse enclosures.

18.42.140    Enclosure of mechanical equipment.

18.42.150    Security and lighting plan.

18.42.160    Reverse vending machines.

18.42.170    Pedestrian amenities.

18.42.180    Display of addresses.

18.42.010 Scope.

The general provisions set forth in this chapter shall apply to this title. (Prior code § 10-3.2101)

18.42.020 Keeping of animals.

A. Animal Defined. For the purposes of this section, “animal” shall mean any living being which is not human or vegetable.

B. Types. It is unlawful to keep any animal within the city other than domesticated dogs, cats and adult fowl, including doves and pigeons.

C. Number Permitted. A maximum of three weaned dogs, or three weaned cats, or three adult fowl, or any three combination thereof shall be permitted on any one lot or parcel in any zone.

D. Conditional Use Permits Required. The keeping of any animal not mentioned in subsection B of this section and/or animals in excess of the limits set forth in subsection C of this section may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.46.

E. Enclosures. All adult fowl permitted shall be kept in an enclosure in the rear yard, and at least five feet from the rear and side property lines, and at least twenty-five feet from any school, church, public building, hospital, group care facility, or any residence not on the property.

F. Public Nuisances. It is unlawful to keep, maintain, feed or further sustain conditions for animals which create objectionable odors or noise if such unreasonably interfere with the comfortable and peaceful use of adjacent properties and/or constitute a health hazard. If, upon an investigation by the city, it is determined that a nuisance does in fact exist, the owner of the property upon which such nuisance is found to exist shall abate such nuisance within ten days after written notification from the city. (Ord. 1756 § 1, 2014: prior code § 10-3.2102)

18.42.030 Satellite antennas.

No person shall install, have installed, or maintain any satellite antenna designed or used for the reception of television or other electronic communication signal broadcast or relayed from an earth satellite, unless a building permit is obtained from the building and safety division. Such permit shall be subject to review by the community development director to ensure compliance with all applicable requirements. Satellite antennas may be located in any zone in the city; provided, however, they shall not be installed on or project above the roofs of residential buildings, in any required front yard areas, or in side yard areas of corner lots. Further, when such antennas are installed they shall, to the extent possible, be properly screened from view from streets and from abutting properties to the satisfaction of the community development department. (Prior code § 10-3.2103)

18.42.040 Uses.

All buildings erected, reconstructed, altered, enlarged, moved, or maintained, and any existing building and the land upon which it exists, shall be used only for the purposes permitted in the zone in which such building or land is located and then only after applying for and securing all permits and licenses required by law. Any building or structure moved from one lot or premises to another shall be made to conform to all the provisions of this chapter and shall be of the general character of the existing buildings in the neighborhood or better.

A. Similar Use Determination. In the event a specific use or type of use is not listed in any zone, the community development director shall have the authority to determine which listed use is most similar to the proposed use and thereby determine if the proposed use is permitted, subject to a conditional use, site plan review, temporary use permit, or prohibited.

1. A use specifically listed in one or more zones shall not be permitted as “similar” in a zone where it is not listed by the procedure set forth above. If such use is desired to be added to such zone, it shall be through the amendment procedures pursuant to the provisions of Chapter 18.52.

2. The community development director’s decision may be appealed pursuant to the provisions of Chapter 18.72.

3. A permanent record shall be maintained of the community development director’s decision and other applications for such use shall be treated in accordance with such decision.

B. If the community development director determines that the proposed use is not similar to any use or any conditionally permitted use, and not expressly prohibited, the use may be permitted pursuant to the conditional use permit procedure set forth in Chapter 18.46; provided, that the use is in no way detrimental to surrounding properties or other uses permitted in the zone.

C. Unlawful Uses. Uses that are unlawful under federal or state law shall not be treated as permitted uses, and shall not be determined to be similar uses pursuant to this section. (Ord. 1764 § 5, 2016; Ord. 1738 § 24, 2012: Ord. 1711 § 3, 2008; Ord. 1683 § 56, 2006; Urg. Ord. 1682; prior code § 10-3.2104)

18.42.050 Height.

All buildings erected, and existing buildings which may be reconstructed, altered, moved, maintained, or enlarged, shall comply with the height regulations of the zone in which they may be located. (Ord. 1738 § 35, 2012: Ord. 1673 § 1, 2005; prior code § 10-3.2105)

18.42.060 Lot area.

A. All buildings erected, and existing buildings which may be reconstructed, altered, moved, maintained, or enlarged, shall comply with the area regulations of the zone in which they may be located.

B. The minimum lot area shall be that prescribed in each zone by this chapter, and such lot area shall not be reduced, diminished or maintained so that the yards or open spaces shall be smaller than that prescribed by this chapter, and the density of population shall not be increased in any manner, except in conformity with the area regulations of the zone in which the property is located. The open spaces provided around any building shall not be considered as providing the yard or open spaces of any other buildings, and the required yard or open spaces on an adjoining lot shall not be considered as providing a yard or open space on a lot whereon a building is to be erected.

C. Every building erected shall be located on a lot as defined in Chapter 18.04 of this code.

D. Every individual parcel of land at the time it was first zoned shall be deemed to be one lot, and not more than one main building shall be permitted on such parcel of land unless all regulations established by this chapter are complied with or a subdivision tract map is recorded with the county recorder, or a record of survey map, approved record of split, or other map is filed with and approved by the commission. If a through lot is improved as one building site, no main building or accessory building shall be located closer to either street than the distance constituting the required front yard on such street. (Prior code § 10-3.2106)

18.42.070 Fences, hedges and walls.

A. Height.

1. Residential Uses. A fence, hedge or wall not more than seven feet in height may be located along the side or rear property lines provided such fence, hedge or wall shall have a maximum height of three and one-half feet for interior lots and three feet for corner lots in the required front yard setback area.

2. Residential front yard fences shall be composed of only the following materials: wood, wrought iron, tubular steel, stone, brick, stucco, or decorative block such as slump stone or split-faced block.

a. Driveway gates shall be set back at least twenty feet from front or corner side yards.

b. Driveway gates abutting alleys shall be located at least twenty-five feet from the opposite side of the alley.

3. Nonresidential Uses. A fence, hedge or wall not more than eight feet in height may be located along the front, side or rear property lines provided such fence, hedge or wall shall have a maximum height of three and one-half feet for interior lots and three feet for corner lots in the required front yard setback area when such setback is required pursuant to the provisions of this code.

a. Nonresidential fences shall be composed of only the following materials: wrought iron, tubular steel, stone, brick, stucco or decorative block such as slump stone or split-faced block.

b. Nonresidential fences and walls located on street frontages shall have a minimum three-foot landscape setback.

B. Visibility. On a reversed corner lot, or where the rear yards of two corner lots abut each other, or whenever visibility is impaired, a reduction in fence, hedge or wall height to a maximum of three feet or a corner cutback area of ten feet by ten feet shall be required for safety purposes. Such cutback lines shall be in a horizontal plane making an angle of forty-five degrees with the side, front or rear property line, as the case may be.

C. Measurement of Fences. When a fence, wall or landscaping treatment of a specified height is required as a condition of approval to a development request, and there is substantial difference in the finished grade on either side of such fence, the height shall be measured from a grade as determined by the community development director in order to protect the safety and general welfare of affected property owners.

D. Prohibited Fences. No electrically charged fence or barbed wire or razor-ribbon type fencing shall be permitted in any zone in the city, except as provided in subsection E of this section.

E. Exceptions.

1. Nothing contained in this section shall be construed to prohibit the erection or construction of a fence, hedge or wall as required by any federal or state law or regulation.

2. For commercial and industrial uses, three strands of barbed wire may be placed atop a fence or wall which is at least six feet in height and is not visible from a street or highway. Razor-ribbon wire may be placed atop a fence which is at least eight feet in height, subject to the approval of a conditional use permit pursuant to Chapter 18.46, provided it is not visible from a street or highway.

3. Minor Variance in Height. The community development director may permit an increase of not more than twenty percent in the permitted height of a side or rear fence, wall or hedge. Such requests shall be filed with the community development department and be accompanied by appropriate plans drawn to scale and a filing fee established by council resolution. The community development director shall review the application, statements and drawings submitted and all pertinent and relevant data and, within thirty days after the filing of an application, render a decision in writing, either approving or denying the request and stating the reason for such action. One copy of the written decision shall be sent to the applicant, and one copy shall be kept on file.

F. Permit Procedure. No person shall erect, construct or alter a fence or wall unless a permit therefor has been issued by the building and safety division. No permit shall be issued until all fences, walls and hedges on the property conform to the provisions of this section.

1. Applications. An application for a permit shall be filed by the owner or other person having the right to the possession of the land for which the permit is sought.

2. Fees. All permit applications shall be accompanied by a filing fee in an amount established by city council resolution, payable to the city to defray the costs incurred by the city in processing the application. (Ord. 1738 § 36, 2012: Ord. 1683 § 57, 2006; Urg. Ord. 1682; Ord. 1629 § 16, 2003; prior code § 10-3.2107)

18.42.080 Setbacks for streets and alleys.

No building, structure or other permanent improvement, exclusive of temporary signs and movable fences, shall be constructed or placed within the existing and planned rights-of-way for the streets and alleys required by Chapter 13.44 of this code. All building setbacks and yards shall be measured from such minimum rights-of-way. (Ord. 1683 § 58, 2006; Urg. Ord. 1682; prior code § 10-3.2108)

18.42.085 Building setbacks for commercial and industrial development.

The following building setbacks shall be established and maintained in addition to setbacks that may be required for planned rights-of-way for new and expanded structures:

1. Front building setback:

a. Where Commercial or industrial zoned property fronts a street, there shall be a building setback not less than ten feet, which shall be landscaped and maintained.

b. Where Commercial or industrial zoned property abuts or is adjacent to a R zone, there shall be a building setback not less than twenty feet, which shall be landscaped and maintained.

c. Where Commercial or industrial zone property faces a R zone, there shall be a building setback not less than twenty feet, which shall be landscaped and maintained.

2. Side building setback:

a. Where Commercial or industrial zone property sides upon a street, there shall be a side yard not less than ten feet abutting the street, which shall be landscaped and maintained.

b. Where the side or rear lot line of Commercial or industrial property abuts any R zone and there is no intervening alley, there shall be a side yard not less than five feet. There shall also be an eight-foot-high solid masonry wall erected and maintained along the side lot line abutting any R zone; provided, however, such wall shall be only three and one-half feet high from the building line of the R zone to the front lot line any street frontage.

3. Rear building setback:

a. Where commercial industrial zone property rears upon a street, there shall be a rear-building setback of not less than ten feet, which shall be landscaped and maintained.

b. Where the rear lot line abuts any R zone and there is no intervening alley, there shall be a building setback of not less than five feet and an eight-foot-high solid masonry wall shall be erected and maintained along the rear lot line abutting any R zone; provided, however, such wall shall be only three and one-half feet high within the ten feet closest to a street.

c. Rear building setbacks may be used for off-street parking or storage, except as described in subsection B(3)(b) of this section, where the yard is of adequate size and depth and the provisions of Chapter 18.40 of this code are met. When such yard is used for storage, the height of such storage shall not exceed six feet. (Ord. 1683 § 59, 2006; Urg. Ord. 1682)

18.42.090 Swimming pool setback areas.

A swimming pool and related equipment shall not be located in any front yard, nor closer than five feet to any lot line or any building or structure, nor within the limits of any public utility easement or within planned rights of way. (Ord. 1683 § 60, 2006; Urg. Ord. 1682; prior code § 10-3.2110)

18.42.095 Residential design criteria.

All new and expanded residential developments shall be required to demonstrate compliance with the following design criteria:

A. Scale and Massing. The general perception of the size and volume of a building shall be compatible with and not more massive than that of surrounding buildings. Multiple massing, front facing and varied facade detailing are methods that can be used to reduce the scale of two-story homes.

B. Street-Facing Entries. Homes and multi-unit dwellings shall have primary entrances and doorways oriented toward the street, rather than away from the street, to the greatest extent feasible.

C. Architectural Detailing. Structures and walls and rooflines of structures shall contain a variety of distinct parts, architectural elements and surface treatments.

D. Rooflines. The rooflines provide a finishing visual detail for the residential structure. Varied rooflines reduce the scale of development. Single massing and box-like structures with minimal facade articulation shall be prohibited.

E. Garages, Driveways and Parking. The structures and paved surfaces devoted to cars have a major impact on the visual quality of the neighborhood and shall not dominate, detract from the architectural details or divide the visual impact of the site.

F. Walls and Fences. While they can provide privacy and a perception of security, walls and fences affect the visual quality of the neighborhood. Walls and fences visible from the street shall be compatible with the finish material and architecture of the structures and softened with landscape treatment placed at the base of or grown on the face of the wall or fence.

G. Materials, Color and Texture. The pattern of colors, materials and surface treatment of structures affect not only the image of the buildings, but also the overall identity of the neighborhood. Selection of materials, color and surface treatment shall be compatible with architectural style of the structures. Neutral colors with the use of appropriate accent colors are the easiest to maintain and are preferred. (Ord. 1738 § 37, 2012: Ord. 1683 § 61, 2006; Urg. Ord. 1682)

18.42.100 Permitted projections into required yards.

The following authorized projections into required yards shall apply to both main and accessory buildings in any zone:

A. Fences, hedges, landscaping and guardrails: open fences, hedges, landscaping, and guard rails not more than three and one-half feet in height;

B. Fire escapes and stairs: a maximum of four feet; provided, however, such projections shall not be closer than three feet from side and rear property lines;

C. Cornices, belt courses, sills and similar architectural features:

1. Front yards: a maximum of four feet, and

2. Side and rear yards: a maximum of four inches for each one foot of the width of such required side or rear yard.

Exception: In the R-1 zone, a thirty inch eave encroachment may be permitted provided the eave is no closer than two and one-half feet from the property line and a clear space of five feet is maintained between eaves on adjoining properties;

D. Porches, platforms, patios and landing areas that do not extend above the first floor of the building:

1. Front yards: a maximum of four feet, provided any railing is open and no higher than thirty-six inches in height.

2. Side and rear yards: a maximum of two and one-half feet, provided there is at least 3 feet between the projection and the property line, and

3. Interior courts: a maximum of twenty percent of the width of the court and in no case more than five feet; and

E. Balconies:

1. Side and rear yards: a maximum of four feet provided the side and rear yard is a minimum of ten feet, and

2. Interior courts: a maximum of twenty percent of the width of the court and in no case more than five feet. (Ord. 1683 § 62, 2006; Urg. Ord. 1682; prior code § 10-3.2112)

18.42.110 Protection of intersection visibility.

The provisions of this section shall apply to all intersections of streets, alleys, and/or private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cutback areas established by this section.

A. Street and Alleys. There shall be a corner cutback area at all intersecting and intercepting streets and/or alleys. The cutback line shall be in a horizontal plane making an angle forty-five degrees with the side, front or rear property line, as the case may be. It shall pass through the closest intersection of yard setback lines at the corner of the lot where visibility is required.

B. Driveways. There shall be a corner cutback area on each side of any private driveway intersecting a street or alley. The cutback lines shall be in a horizontal plane making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edge of the driveway where it intersects the street or alley right-of-way.

Exception 1: Open Fencing less than forty-two inches in height shall be exempt from the corner cutback requirement.

C. Irregular Lots. Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, the corner cutback shall be defined by a line drawn from a point on the front (or rear) property line which is not less than seventeen feet from the intersection of the side and front (or rear) property lines and through a point on the side property line which is not less than seventeen feet from such intersection of the side and front (or rear) property lines. (Ord. 1683 § 63, 2006; Urg. Ord. 1682; prior code § 10-3.2113)

18.42.120 Distance between buildings.

Zones in which tall buildings are permitted: in all zones where buildings of three or more stories in height are permitted, the requirements for space between buildings shall be increased two and one-half feet for each story, or fraction thereof, above the second story. (Ord. 1738 § 38, 2012: prior code § 10-3.2114)

18.42.130 Refuse enclosures.

A. Residential. All trash containers shall be stored so they are not visible from the public right-of-way. For all multiple-family dwellings in excess of four units, a minimum of one refuse enclosure shall be provided as required by this section, unless a practical alternative is approved by the planning commission.

B. Commercial, Industrial and Other Uses. For all commercial, industrial and other uses, a minimum of one refuse enclosure shall be provided as required by this section. All refuse shall be deposited in a standard size commercial refuse bin which shall whenever possible be stored within the building or incorporated into the building envelope. When that is not feasible, refuse bins shall be stored in a refuse enclosure. Such enclosure shall have minimum inside, clear dimensions of five feet by seven feet and a height of six feet. The enclosure shall be bounded on three sides by walls of concrete block finished in a manner compatible in color, texture and appearance with the main structure and shall have a solid gated opening of sufficient width to allow the removal and storage of such refuse bin as well as a roof. Refuse enclosures shall whenever possible be located where it is least visible from the public right of way.

C. Maintenance. The maintenance of refuse containers, bins and enclosures and the storage and removal thereof, including refuse collection activities, shall be pursuant to Chapter 8.20 of this code. However, the community development director may require additional trash enclosures, increased frequency of collection services, and locks placed on the refuse enclosures and/or bins if such action is deemed necessary to protect the health, safety, and welfare of the community. (Ord. 1683 § 64, 2006; Urg. Ord. 1682; prior code § 10-3.2115)

18.42.140 Enclosure of mechanical equipment.

All mechanical equipment, plumbing lines, heating and cooling units and storage tanks and ductwork, roof or ground mounted, shall be incorporated into the building envelope. When that is not feasible, all such items shall be screened on all sides with solid material architecturally compatible with the main structure. (Ord. 1738 § 39, 2012: Ord. 1683 § 65, 2006; Urg. Ord. 1682; prior code § 10-3.2116)

18.42.150 Security and lighting plan.

Complete security and lighting plans shall accompany all site development plans for multiple-family developments of four or more units and commercial and industrial developments to ensure that safety and security issues are addressed in the design of the developments. Lighting plans shall demonstrate an average of 2-foot candle with no single point less than 1-foot candle for all public/common areas. (Ord. 1683 § 66, 2006; Urg. Ord. 1682; prior code § 10-3.2117)

18.42.160 Reverse vending machines.

Reverse vending machines shall be permitted in all zones except residential zones upon administrative approval by the community development director and obtaining a business license from the finance department. Reverse vending machines shall comply with the following standards. Failure to comply with these standards will result in a revocation of the administrative permit.

A. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

B. Shall not obstruct pedestrian or vehicular circulation;

C. Shall not occupy parking spaces required by the primary use;

D. Shall cumulatively occupy no more than fifty square feet of floor space per site, including any protective enclosure and shall be no more than eight feet in height;

E. Shall be constructed and maintained with durable waterproof and rustproof material;

F. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

G. Shall have a sign area of a maximum of four square feet per machine, solely for the purpose of identifying the recycling facility or materials accepted for recycling. Additional area is permitted to provide operating instructions;

H. Shall be maintained in a clean, litter-free condition on a daily basis;

I. Operating hours shall be at least the operating hours of the host use;

J. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;

K. Shall be located adjacent to building walls and designed to be aesthetically compatible with the host use and with surrounding uses. (Prior code § 10-3.2119)

18.42.170 Pedestrian amenities.

Pedestrian access via walkways that are at least forty-four inches wide shall be delineated by decorative material, pavers or stamped concrete for each new residential unit. The delineated walkways are required to provide primary access to each unit from the public right-of-way. (Ord. 1738 § 40, 2012: Ord. 1683 § 67, 2006; Urg. Ord. 1682. Formerly 18.42.200)

18.42.180 Display of addresses.

A. All houses, buildings, and structures within the city shall be numbered for the purpose of the prompt identification of properties in accordance with this section.

B. Addresses shall be posted in Arabic numerals with the official number of the house, building or structure.

C. For houses, buildings and structures which face upon a street, whether public or private, the address numbers shall be placed upon the front, near the entrance, so as to be readily visible from the street. Each number shall be placed against a contrasting background. The numbers shall be at least four inches in height for residential dwellings and at least six inches in height for all other buildings and structures.

D. For houses, buildings and structures which have access to an alley, the address numbers shall be placed upon or immediately above the center of the garage door, gate, fence, door, or wall to the rear of the property so as to be readily visible from the alley. Each number shall be at least six inches in height and shall be placed against a contrasting background.

E. For houses, buildings and structures which front on a parking lot, the address numbers shall be placed upon the front, near the entrance, so as to be readily visible from the parking lot. Each number shall be placed against a contrasting background. The numbers shall be at least four inches in height for residential dwellings and at least six inches in height for all other buildings and structures.

F. It shall be unlawful for the owner, occupant, or person in charge of any such house, building or structure to fail to properly display the official address or to remove such address. (Ord. 1738 § 41, 2012)