Chapter 17.136
MISCELLANEOUS PROVISIONS
Sections:
17.136.010 Satellite antennas.
17.136.020 Radio and television antennas.
17.136.030 Storage of certain items.
17.136.040 Outdoor storage, display or sale of merchandise.
17.136.050 Temporary uses.
17.136.060 Stream bank stabilization.
17.136.070 Commercial place of amusement/entertainment and alcoholic beverages—Considerations.
17.136.080 Service station requirements.
17.136.090 Parking and storage of vehicles.
17.136.010 Satellite antennas.
The following provisions shall govern the placement of satellite antennas on private property in the city:
A. A satellite antenna may be placed on private property in each and every zoning district in accordance with the following criteria:
1. The satellite antenna shall be placed in a location that minimizes the visual impact of the antenna from all points surrounding the property on which the antenna is located. In locating the satellite antenna, primary consideration shall be given to minimizing the visual impact from a public or private street. The planning director may require that the satellite antenna be of a specific diameter, color or type of construction and/or that screening be installed and maintained in order to minimize the visual impact of the satellite antenna.
2. The height of a satellite antenna shall not exceed the maximum height established for the zoning district in which the antenna is located.
B. No person shall place a satellite antenna on private property without first submitting sufficient information to the planning director, including but not limited to a site plan and elevations, to determine compliance with this section. The planning director may approve, disapprove or modify the proposed placement of the satellite antenna.
C. A variance pursuant to the provisions of Chapter 17.172 shall be required by any person wishing to vary from the criteria of this section. (Prior code § 27.270)
17.136.020 Radio and television antennas.
Radio and television antennas may be installed, erected and maintained within all land-use zones of the city, but only in accordance with the provisions of this section. The term “antenna,” as used in this section, means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic magnetic waves which system is external to or attached to the exterior of any building. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of an antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or from the peak of the roof if roof-mounted. All antennas shall be subject to the following:
A. Approval of Antennas.
1. All antennas shall be subject to the review and approval of the building official for compliance with the Uniform Building Code, Section 507. Exceptions Table SD, Table 23-24 and Section 3602.
2. The following antennas shall be reviewed and approved by the city planner if in conformity with these development standards:
a. All roof-mounted antennas where the boom or any active element of the antenna array is longer than fifteen (15) feet.
b. All ground-mounted antennas forty-five (45) feet or less in height.
3. “Ground-mounted antennas,” as defined in subsection (B)(5) of this section exceeding forty-five (45) feet in height may be permitted if a use permit is granted in conformity with Chapter 17.168, provided that no antenna shall exceed seventy (70) feet.
B. Development Standards. All antennas shall be located, designed, constructed, treated and maintained in accordance with the following standards:
1. Antennas shall be installed and maintained in compliance with the requirements of the building code.
2. Antennas that are roof-mounted shall not extend higher than fifteen (15) feet above the peak of the roof: except a single-vertical-pole antenna may extend to twenty (20) feet above the peak of the roof. Roof-mounted dish antennas shall require planning commission approval.
3. No more than one ground-mounted antenna exceeding forty-five (45) feet in height shall be permitted on each lot.
4. Antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property is a cul-de-sac or corner lot where the side yard is larger than the rear yard, in which case the antenna may be located in the side yard. Antenna towers shall not be located in any required setback area. No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.
5. Antennas may be roof-mounted or ground-mounted, freestanding or supported by guy wires, buildings or other structures in compliance with the manufacturer’s structural specification. “Ground-mounted” antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines but not within any front yard areas.
6. The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas should be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective.
7. Antennas shall meet all manufacturer’s specifications. The mast or tower shall be noncombustible and corrosive hardware such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion, shall be protected with a zinc or cadmium coating by either a galvanizing or a sheradizing process after forming. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.
8. Whenever it is necessary to install an antenna near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower and secured in a direction away from the hazard. No antenna shall be allowed directly under power lines and shall maintain at least ten (10) feet of horizontal clearance from the power lines. (Prior code § 27.271)
17.136.030 Storage of certain items.
As used herein storage means the placement of material objects on a site for any period in excess of seven consecutive days and pertains to the storage of building supplies, discarded or salvaged materials, motor vehicle parts, mechanical equipment or other material objects or equipment except as provided for elsewhere in this code. Storage shall be in conformance with the following regulations:
A. Storage on Vacant Lots. Storage is not permitted on vacant lots. Storage is permitted as an accessory use to residential units.
B. Storage of Items. Storage of items shall be prohibited within any front or side setback of any property.
C. Storage Screened. After October 28, 1995 storage permitted on any residential property shall be screened from the public right of way and abutting lots by fences and/or landscaping as regulated elsewhere in this code.
D. Exceptions. The regulations set forth in this section shall not be applicable to the following types of storage:
1. The storage within a dwelling of objects normally found within a home;
2. The placement upon the premises within any R district of equipment or goods normally found in a yard such as toys, play equipment, yard or lawn furniture, minor yard maintenance tools and equipment and similar objects;
3. The inventory of any retail or wholesale business, warehouse, parts house, industry, or other commercial activity when such storage is the principal activity of the use or is incidental to the use and enclosed entirely within a building;
4. The temporary placement of building materials on a site of a city-approved construction project during the time a valid building permit is in effect for construction on the premises. The planning director may approve the placement of a temporary mobile office (designed solely for such use) at an approved construction site for a maximum one-year period or for the duration of the construction, whichever period if shorter;
5. The storage of vehicles as regulated by Section 17.136.090.
E. Equipment Screened. All equipment and open storage areas shall be screened from the public right of way and abutting lots by fences and/or landscaping as regulated by this title. (Prior code § 27.272)
17.136.040 Outdoor storage, display or sale of merchandise.
Provided the use is allowed (either as a permitted or conditional use) by the zoning district regulations for the district in which the property is located, the following provisions shall apply to the incidental placement, storage, display, sale or offer for sale of any merchandise out of doors or outside any completely enclosed building:
A. The merchandise shall be screened, so as not to be visible from any public or private street, any off-street parking facility or any common area in an integrated commercial center; or
B. A use permit approved by the planning commission shall be required, unless it is one of the exemptions described in subsection (B)(1) of this section and the placement or location of the merchandise complies with all of the standards set forth in subsection (B)(2) of this section.
1. Exemptions:
a. Fruits and vegetables,
b. Plants and other growing vegetation, with the limitation in subsection (B)(2)(f) of this section not applicable to nurseries,
c. Cut flowers,
d. Gasoline pumps, oil racks and accessory items when located on pump islands,
e. Vehicles, including but not limited to automobiles, trucks, motorcycles, trailers and recreational vehicles, with the limitation in subsection (B)(2)(f) of this section not applicable,
f. Areas within a completely roofed street alcove or entry way; provided, that the merchandise is inside the line of the building face,
g. Parking lot and sidewalk sales and other promotional events that involve retail sales, as long as they do not exceed twelve (12) days total during any twelve (12) month period with no more than three days being consecutive, regardless of the number of businesses located on the property, with the limitations in subsection (b)(2)(e) and (f) of this section not applicable,
h. Nonpromotional events conducted by or for recognized nonprofit or charitable community groups, with the limitations in subsection (B)(2)(a), (e) and (f) of this section not applicable,
i. Garage and yard sales, as long as they are conducted on property used for residential purposes by a resident and do not exceed three days during any six month period, with the limitations in subsection (b)(2)(a), (e) and (f) of this section not applicable,
j. Activities similar to the above, as determined by the planning director.
2. Standards:
a. The merchandise or activity is incidental and adjacent to any lawfully established business that normally sells the merchandise inside the building,
b. The merchandise or activity does not present a hazard to pedestrians or vehicles,
c. The merchandise or activity does not occupy the space formed by extending the width of any required or existing building exit, whichever is wider, to the public right-of-way,
d. A minimum of a five-foot wide pedestrian walkway is maintained at all times,
e. The merchandise or activity does not occupy any parking spaces,
f. The storage, display or sales area is limited to two hundred (200) square feet or ten percent (10%) of the gross floor area of the business, whichever is less.
C. Nothing in this section shall authorize the placement, storage, display, sale or offer for sale of any merchandise on any street or on any sidewalk or any other portion of the public right-of-way, with the exception of sidewalk sales permitted by subsection (b)(1)(g) of this section. (Prior code § 27.273)
17.136.050 Temporary uses.
The following temporary uses shall be permitted as specified by these regulations:
A. Christmas tree sales;
B. Fireworks sales;
C. Garage sales;
D. Rummage sales conducted by nonprofit organizations. (Prior code § 27.274)
17.136.060 Stream bank stabilization.
The following provisions shall apply to all lots which are contiguous with or directly adjacent to an intermittent or perennial, stream or river as determined by the public works director at the time an application is made for a building permit, subdivision map or other permit for development:
A. A building setback of twenty (20) feet shall be observed between a building or structure, except for an accessory building less than five hundred (500) square feet in area, and the top of stream, creek or river bank. “Top of the bank” means the highest elevation of land which confines to their channel waters flowing in an intermittent or perennial, stream or river. Where the average depth of the bank is eight feet or greater, the required setback from the toe of the stream bank shall be two times the depth of the bank plus twenty (20) feet unless special provisions for bank stabilization are installed as approved by the public works director. (Prior code § 27.275)
17.136.070 Commercial place of amusement/entertainment and alcoholic beverages—Considerations.
In evaluating a use permit application for billiard parlors, pool halls, video arcades, card rooms, cocktail lounges, taverns, bars, dance halls, nightclubs, or any similar commercial place of amusement, establishment where liquor is served or commercial place of entertainment the planning commission shall take into consideration the following:
A. Comments from the police department;
B. Appropriate hours of operation;
C. Distance of the proposed establishment from public/private schools;
D. Appropriateness of automobile and/or bicycle parking;
E. Potential for loitering;
F. Distance of the proposed establishment from other establishments;
G. Distance from areas used and zoned for residential use;
H. Appropriateness of adequate lighting for security purposes;
I. Potential for serving alcoholic beverages;
J. Appropriateness of annual review of use permit.
This list does not represent an exclusive listing of those items which may be considered by the planning commission in evaluating a use permit application for a commercial amusement use. (Prior code § 27.276)
17.136.080 Service station requirements.
A. The following provisions shall apply to the establishment and operation of service stations permitted with the approval of a use permit:
1. Service stations shall be designed to maintain the scale, appearance and character of the surrounding area.
2. The location of service station islands, pumps, underground and aboveground tanks shall meet the requirements of the city fire department and Uniform Fire Code.
3. Accessory uses of a service station which are customarily incidental and clearly subordinate to the principal use (i.e., a car wash, motor vehicle and trailer rental, sale of food and beverage items, video cassette rental, motor vehicle fleet maintenance, etc.) may be permitted with the approval of a separate use permit by the planning commission.
B. The following criteria shall be met prior to approval of a service station:
1. That the site is not closer than one hundred (100) feet to any R district;
2. That no block would have more than two service station sites;
3. That all operations and display of merchandise would be kept within an approved structure, except those directly required for the dispensing of gasoline, water and air, and the replenishment of oil;
4. That the minimum landscaping requirements established in the zoning district in which the use is located have been incorporated into the design of the proposed use. (Prior code § 27.277)
17.136.090 Parking and storage of vehicles.
The parking and storage of vehicles shall be in conformance with the following subsections. Storage of other items is regulated by Section 17.136.030.
A. Parking. The parking of a vehicle at the same approximate location for a period of seventy-two (72) hours or less.
1. Parking on a Public Street. It is unlawful to park a vehicle on a public street for more than seventy-two (72) consecutive hours.
2. Parking on Private Property.
a. Parking of a vehicle (including motor vehicles, recreational vehicles, and recreational trailers) is not permitted on a vacant lot, except for vehicles necessary for maintenance or construction activities.
b. Parking of a vehicle on a residential property is permitted, provided that if it is on the front or side setback it is on a driveway and no portion of the vehicle overhangs the public sidewalk or public right-of-way.
B. Storage. The parking of a vehicle in the same approximate location for a period of seventy-two (72) hours or more.
1. The storage of any vehicle is prohibited on a public street or within a public right-of-way.
2. The storage of vehicles is prohibited on all nonresidential property unless the vehicles are within an approved storage or sales facility.
3. The storage of vehicles is not permitted on vacant lots. Storage is permitted as an accessory use to a residential unit.
4. Storage on Private Residential Property.
a. The storage of vehicles or parts of vehicles is prohibited in the required front or side setback except that a registered and mechanically operable “motor vehicle” (defined as a car, truck or motorcycle) may be stored on that portion of a residential driveway which leads directly to the required covered parking space, provided it does not overhang the public sidewalk or public right-of-way.
b. After October 28, 1995 the storage of vehicles within the side yard or rear yard must be screened from adjacent properties and the public right-of-way. Elsewhere on the property, except as provided for in subsection (B)(4)(a) of this section, a vehicle must be screened from the public right-of-way.
c. Screening may be provided by vegetation or a fence at least the height of the vehicle, except that the maximum fence height shall be six feet. An eight-foot high fence may be allowed upon approval of a use permit.
C. Habitation of Vehicles. The use of a vehicle on a temporary or permanent basis for a dwelling or for overnight sleeping.
1. The use of any vehicle for habitation is prohibited unless the vehicle is within an approved campground or as provided for in subsection (C)(2) of this section.
2. Habitation of a self-contained recreational vehicle or trailer is permitted upon issuance of a permit from the planning director. The permit shall state the name of the owner of the vehicle, state the number of the occupants of the vehicle, include the signature and address of the property owner of the property where the vehicle will be parked and the dates of the visit. One copy of the permit shall be given to the police department and one copy shall be displayed on the vehicle so that it is visible from the public right-of-way. Only one permit per property shall be in effect at a time and no more than two permits shall be issued to a property owner within a twelve (12) month period.
a. A permit may authorize the habitation of a self-contained recreational vehicle or recreational trailer on residential property for periods not to exceed fourteen (14) days, provided that the vehicle is parked on the residential driveway and no portion of the vehicle overhangs the public sidewalk or public right-of-way. The vehicle used for habitation shall not be parked adjacent to the main residential unit on the adjacent property unless authorization from the adjacent property owner is provided at the time the permit is requested from the planning director.
b. A permit may authorize the habitation of a self-contained recreational vehicle or recreational trailer on the public street fronting the parcel on which the permit is requested for periods not to exceed five days, provided that the vehicle does not block access to the residential driveway nor extend into the street frontage of adjacent parcels. No hookups for water or utilities are allowed to a recreational vehicle located on the public street and no furniture associated with the recreational vehicle shall be located outside the vehicle within the public right-of-way.
c. A permit may be authorized for the parking and habitation of a recreational vehicle or recreational trailer on land upon which the occupant is constructing a residence for a period not to exceed six months. The permit may be extended for one additional six-month period if the construction is not complete.
D. Repair of Vehicles. Maintenance and repair of vehicles is permitted for up to seven days on the approved residential driveway provided that no portion of the vehicles overhangs the public sidewalk or public right-of-way.
E. Construction Trailers. The planning director may approve the placement of a temporary mobile office (designed solely for such use) at an approved construction site for a maximum one year period or for the duration of the construction, whichever period is shorter. (Prior code § 27.278)