Chapter 17.15
R-1 SINGLE-FAMILY RESIDENCE DISTRICT

Sections:

17.15.010    Applicability.

17.15.020    Purpose.

17.15.030    Design permit and architectural and site review.

17.15.035    Design permit approval.

17.15.040    Principal permitted uses.

17.15.050    Accessory uses.

17.15.060    Conditional uses.

17.15.070    (Reserved)

17.15.080    Height regulations.

17.15.090    Lot area.

17.15.100    Floor area ratio.

17.15.110    Yards.

17.15.120    Yard encroachments.

17.15.130    Parking.

17.15.140    Garage and accessory buildings.

17.15.010 Applicability.

The regulations set forth in this chapter apply to all R-1 districts. (Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 388 Art. 5 (part), 1975)

17.15.020 Purpose.

The purpose of the R-1 district is to maintain an area which provides the traditional qualities of privacy, landscaping, parking, and character associated with single-family residential neighborhoods. Each of the neighborhoods in Capitola is unique in its physical design. Special consideration shall be given to development to insure that it is compatible in size, mass, setbacks, and open space, with existing residential designs in the area. (Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 388 Art. 5 (part), 1975)

17.15.030 Design permit and architectural and site review.

A design permit shall be required for the following improvements:

A. All new single-family dwelling units, but not for secondary dwelling units;

B. All improvements to existing single-family structures which are not exempt pursuant to subsection C of this section;

C. Exemptions from the requirement for a design permit include:

1. First floor additions of up to four hundred square feet at the rear of the property or structure, which is not visible to the general public, does not exceed fifteen feet in height (eight feet to the top of the plate), and which uses similar, compatible or upgraded quality building materials;

2. A single accessory structure on the property of eighty square feet in size or less, eight feet or less in height, and with no plumbing or electrical fixtures. (Ord. 882 § 1 (part), 2005; Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 448 § 1, 1979)

17.15.035 Design permit approval.

Design permits identified in Section 17.15.030 of this chapter shall be considered at a public hearing as outlined in Section 17.63.080; following review and consideration by the architectural and site review committee as determined necessary by the community development director/zoning administrator.

A. The community development director/ zoning administrator shall be authorized to approve or deny design permit applications for:

1. First-floor additions up to four hundred square feet are exempt under Section 17.15.030(C)(1);

2. Minor repairs, changes and improvements to existing structures which use similar, compatible or upgraded quality building materials, on residences which are not historic resources;

3. Additional accessory structures beyond the single eighty square-foot or less in size accessory structure which is exempt as per Section 17.15.030 (C)(2) of this chapter.

B. The planning commission shall be authorized to approve or deny design permit applications for:

1. All new residential dwelling unit construction;

2. Upper floor additions;

3. Additions of more than four hundred square feet;

4. Design permits accompanied by a request for conditional use permit, variance, or minor land division;

5. All design permit applications referred by the community development director or appealed from the community development director/zoning administrator’s decision. (Ord. 882 § 1 (part), 2005; Ord. 873 § 1 (part), 2004)

17.15.040 Principal permitted uses.

The following are principal permitted uses in an R-1 district:

A. One-family dwellings including secondary dwelling units pursuant to Chapter 17.99;

B. Agriculture, horticulture, gardening, but not including commercial nurseries, or the raising of rabbits, dogs, fowl or other animals for commercial purposes or the sale of any products on the premises. See Section 17.81.050 for more specific regulations;

C. Small community care residential facilities;

D. Small family day care homes. (Ord. 882 § 1, 2005; Ord. 873 § 1 (part), 2004: Ord. 858 § 2, 2003: Ord. 710 § 1 (part), 1991: Ord. 608 § 3, 1986: Ord. 448 § 2, 1979; Ord. 388 Art. 5 (part), 1975)

17.15.050 Accessory uses.

The following are accessory uses permitted in an R-1 district:

A. Signs in compliance with the municipal sign code, identifying residences and advertising property as being for sale, lease, or rent;

B. Accessory uses, structures and buildings customarily appurtenant to a permitted use such as private garages. See Section 17.81.110 for additional regulations. (Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 448 § 3 (part), 1979; Ord. 388 Art. 5 (part), 1975)

17.15.060 Conditional uses.

The following are conditional uses in an R-1 district and, with the exception of large family day care homes, are subject to the securing of a use permit as provided in Chapter 17.60:

A. Private schools which offer instruction in several branches of learning and study required to be taught in the public schools by the Education Code of the state of California, nursery schools, day care centers, and private nonprofit recreation areas;

B. Churches and religious institutions;

C. Golf courses and country clubs;

D. Temporary real estate offices, construction yards and sheds;

E. (Reserved);

F. Large Family Day Care Homes. No person shall operate a large family day care home without obtaining a large family day care home permit in compliance with the standards set forth within this subsection.

1. Any person seeking a large family day care home permit shall submit an application for such permit to the community development director, including a site plan, setting forth any such reasonably required information that the community development director shall request, on application forms created by the community development director that reflect the standards in subsections (F)(4) and (5) of this section and encourage the applicant to hold an informational neighborhood meeting prior to the submittal of the application. The community development director shall process the permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit process.

The community development director shall act on the application within forty-five days of the date it is received and deemed complete. If a public hearing is requested pursuant to subsection (F)(3) of this section, the community development director may postpone decision on the application for up to ninety days from the date the application is deemed complete.

2. At least ten days prior to the date on which the community development director will make a decision on an application for a large family day care home, the community development director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred foot radius of the exterior boundaries of the proposed large family day care home and all households within a one hundred foot radius of the exterior boundaries of the proposed large family day care home.

3. No hearing shall be held before a decision is made on the application, unless a hearing is requested by the applicant or other affected person. (For purposes of this subsection, “affected person” means a person who owns property or lives or works within a one hundred foot radius of the proposed large family day care home.) If a public hearing is requested, it shall be conducted by the planning commission, and the community development director shall give notice of the hearing by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred foot radius of the exterior boundaries of the proposed large family day care home and all households within a one hundred foot radius of the exterior boundaries of the proposed large family day care home.

4. The community development director, planning commission, or the city council shall grant a large family day care home permit to the applicant upon finding that the proposed large family day care home:

a. Conforms with all applicable city restrictions and regulations on yards, building height, setback, and lot coverage standards in the zone in which the residence is located. Legally nonconforming structures and uses shall be deemed to conform for purposes of this finding,

b. Is either situated on a lot zoned for single family dwellings or meets a minimum standard of seventy-five square feet of outdoor activity space for each child. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners. This space requirement can be waived if the applicant can demonstrate that there is a public park or other public open area that is in close proximity to the large family day care home (for purposes of this subsection, “close proximity” means within two blocks),

c. Is not located within a five hundred foot radius of the exterior boundaries of any existing large family day care home or child day care center,

d. Provides at least two parking spaces for customers during the family day care home’s hours of operation, and provides parking for any employees as required by Section 17.51.130(P) (one off-street parking space required for each employee not permanently residing at the house). The parking spaces shall be located in a manner to be readily and safely utilized by the customer(s). The required parking spaces may be located on the street along the property frontage (off-site) or on the driveway (on-site). The following are examples of acceptable parking areas:

i. On-street parking areas along the property frontage,

ii. Guest parking spaces reserved for the use of the dwelling unit, or

iii. A private driveway exclusively serving a single dwelling unit such as a single family home,

e. Complies with the following limitations when the dwelling unit is provided with a private driveway and/or garage:

i. If the driveway is specified as the parking area for the use of the large family day care home, the driveway shall remain clear and available for the customer(s) during the hours of operation; the parking spaces shall not be used by the property owner or day care home operator or employees during the hours of operation,

ii. The garage shall be utilized for the parking of the property owner’s and/or day care home operator’s vehicles. Use of the garage for the day care home function, such as for a play area, shall not be allowed,

f. Provides procedures for safely loading and unloading children from vehicles without blocking the public sidewalk and/or right-of-way with vehicles. Double-parking in the street to pickup or dropoff children shall be prohibited. The applicant shall distribute a notice of loading and unloading procedures to all persons that utilize the services of the large family day care home,

g. Provides adequate access to the facility with minimal disruption to local traffic and circulation, including safe and adequate drop-off/pick-up areas, such as curb spaces and driveway areas that are of sufficient size and are located to avoid interference with traffic and to insure the safety of children,

h. Seeks, by design and layout of the site and considerate operational plans, to avoid noise which may be a nuisance to neighbors, consistent with local noise ordinances (see Chapter 9.12) implementing the noise element of the general plan and taking into consideration the noise levels generated by children. Use of the outdoor play area for the day care operation shall be limited to the hours between nine a.m. and six p.m. Site plan revisions may be required by the community development director to minimize noise impacts, such as location of outside play areas, height and location of fences, and similar measures.

5. As conditions of approval, the applicant shall be required to:

a. Comply with applicable building codes,

b. Comply with any standards promulgated by the State Fire Marshal pursuant to subdivision (d) of Section 1597.46 of the California Health and Safety Code related to large family day care homes and dwelling units, and submit a letter from the city fire department approving the safety of the structure for use as a large family day care home pursuant to these standards,

c. Be licensed or deemed to be exempt from licensure by the state of California as a large family day care home,

d. Comply with any conditions imposed by the community development director deemed necessary to satisfy the requirements of subsection (F)(4) of this section,

6. The applicant or other affected person may appeal the decision. The procedures for appealing the decision shall be as provided for in Sections 17.60.100 and 17.60.110. The appellant shall pay the cost, if any, of the appeal.

7. If not used, a large family day care home permit may expire pursuant to the standards and procedures provided in Section 17.60.090.

8. Large family day care home permits may be revoked pursuant to Section 17.60.120;

G. Large community care residential facility, provided, that in addition to Chapter 17.60 requirements, the following requirements are met:

1. The applicant shall submit the following:

a. A letter or certification of final approval from the state or county licensing authority,

b. A site plan of the property showing parking, outdoor exercise area, and fencing,

c. A letter from the fire department approving the safety of the structure for the use,

d. A letter of application describing the type of use, number of residents, age of residents, any special resident care that is provided, and a daily work schedule showing the number of employees at the facility, and

e. Landscaping and other information as required by the community development director,

2. A public hearing shall be held by the planning commission with notification made as specified in Section 17.60.080. In addition, not less than ten days prior to the meeting, all property owners within three hundred feet of the outermost boundary of the parcel should be notified of the nature of the application, the name of the applicant, and the time and place of the public hearing before the planning commission;

H. Any activity which includes any significant alteration of an historic feature;

I. Bed and breakfasts, subject to the requirements of Section 17.03.085;

J. TRO: transient rental use overlay district (see Chapter 17.19 of this code.) (Ord. 878 § 2, 2004; Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 708 § 2 (part), 1991; Ord. 698 § 1, 1990; Ord. 696 § 2 (part), 1990; Ord. 608 § 4, 1986: Ord. 533 § 3 (part), 1983; Ord. 515 Art. 5 (part), 1982; Ord. 448 § 3 (part), 1979; Ord. 388 Art. 5 (part), 1975)

17.15.070 (Reserved)

17.15.080 Height regulations.

No structure shall exceed twenty-five feet in height to the highest point of the roof, ridge or parapet wall, although a twenty-seven foot height limit may be permitted by the planning commission for half-story designs and buildings that use historic design elements which meet the applicable side and rear setback standards. No detached accessory structure, including second dwelling units shall exceed fifteen feet, with a nine-foot ground to top-of-wall plate height, unless an exception is granted by the planning commission based on compatible building and roof design on a site with an architecturally or historically significant building. “Building height” means the vertical distance measured from the assumed ground surface of the building. The height of the structure is measured from the assumed ground surface, as specified below:

A. Assumed Ground Surface. “Assumed ground surface” means a line on each elevation of an exterior wall or vertical surface which connects those points where the perimeter of the structure meets the finished grade, subject to the following exception:

1. If there has been grading or fill on the property within five years preceding the time of the application, and that grading or filling has or would increase the height of the finished grade at one or more points where it would meet the perimeter of the proposed structure, the planning commission may measure heights from where it estimates the grade is or was before the grading or filling, if the commission determines that such an action is necessary to keep the height of the proposed structure in reasonable relationship to the heights in the neighborhood. (Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 448 § 3 (part), 1979; Ord. 388 Art. 5 (part), 1975)

17.15.090 Lot area.

Each single-family residence together with its accessory buildings shall be located on a legal building lot. The lot area requirements are as follows:

A. The minimum lot area for any lot hereafter created by any “subdivision” (defined in Government Code Section 66424) shall be five thousand square feet;

B. The lot area may be less than five thousand square feet for any existing legally created lot;

C. Except as otherwise provided, there shall be no more than one dwelling on any lot. (Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 388 Art. 5 (part), 1975)

17.15.100 Floor area ratio.

Building size shall be regulated by the relationship of the building to the lot size, a measurement identified as floor area ratio (FAR). Maximum FAR shall be determined as follows:

A.

Lots less than 2,650 sf

58%

 

Lots 2,651 to 3,250 sf

57%

 

Lots 3,251 to 3,500 sf

56%

 

Lots 3,501 to 3,750 sf

55%

 

Lots 3,751 to 4,000 sf

54%

 

Lots 4,001 to 4,250 sf

53%

 

Lots 4,251 to 4,500 sf

52%

 

Lots 4,501 to 4,750 sf

51%

 

Lots 4,751 to 5,000 sf

50%

 

Lots 5,001 to 6,000 sf

49%

 

Lots more than 6,000 sf

48%

Lots of five thousand or more square feet with approved second dwelling units are permitted a maximum FAR of sixty percent for all structures, in accordance with Chapter 17.99 Secondary Dwelling Units.

This calculation includes the gross building area, including covered parking, as further described in subsections B through D of this section:

B. The following building elements shall be included in the floor area ratio calculation:

1. That portion of the basement which exceeds the first two hundred fifty gross square feet of a basement, including the measurements of the access stairway;

2. All open area below the ceiling or angled walls, greater than sixteen feet in height;

3. All upper floor area greater than four feet in height, measured between the bottom of the upper floor and the top of the ceiling;

4. For one and one-half story structures, the area of the stairwell shall be counted on the first floor only;

5. Windows projecting more than twelve inches from the wall;

6. Covered or uncovered upper floor decks, and covered exterior open space in excess of one hundred fifty square feet, including eaves greater than eighteen inches in length;

7. All accessory structures other than a single building of eighty square feet or less in size, eight feet or less in height, and without plumbing or electrical fixtures.

C. The following shall not be included in the floor area ratio calculation:

1. All vehicular rights of way which allow others to use the surface of the property, shall be excluded from the lot area for purposes of this section;

2. The first two hundred fifty square feet of basement area including the stairway serving that area;

3. The stairway serving the upper floor in a one and one-half story home;

4. Chimneys and projecting windows less than twelve inches deep;

5. First level decks thirty inches or less in height;

6. One hundred square feet of ancillary area in a detached garage;

7. The area between the bottom of the floor and the top of the ceiling which is four feet or less in height, on the second level of a one and one-half- or two-story home;

8. All open area between the bottom of the floor and the top of the ceiling or angled wall, which is sixteen feet or less in height;

9. Unroofed (permeable) trellis structures, including porte-cocheres, which are open on at least three sides and not higher than ten feet to the top of the highest portion. Such structures are not permitted in the front setback and must have a two-foot setback from side or rear property lines.

D. The footprint of all structures, except a trellis structure consistent with subsection (C)(9) of this section and one accessory building of eighty or fewer square feet, eight feet or less in height, and without electrical or plumbing fixtures, shall conform to all applicable setback requirements, i.e., for a secondary dwelling unit, detached garage, or principal residential structure. (Ord. 882 § 1 (part), 2005: Ord. 873 § 1 (part), 2004: Ord. 774 § 1, 1995; Ord. 710 § 1 (part), 1991: Ord. 643 § 1, 1987: Ord. 388 Art. 5 (part), 1975)

17.15.110 Yards.

A. The front yard setback shall be measured from the edge of the public right-of-way. The setback established in accordance to this section shall be the minimum for any part of the structure, with the exception of permitted encroachments. The front setback shall not be measured as the average setback across the front of the building.

B. Front yards for the first floor shall be not less than fifteen feet in depth, except as provided in subsection (B)(1) of this section.

1. In those special areas specified in subsection (B)(2) of this section, the front yard setback may be the average of those lots on the same side of the street within five hundred feet of the subject property; provided, that the front setback is at least ten feet, subject to planning commission approval.

2. The special areas mentioned above shall include the following areas:

Sunset/Riverview area consisting of the following streets: Beverly Avenue; Oak Drive; Gilroy Drive; Center Street; Sunset Drive; Riverview Drive to Riverview Avenue, and Riverview Avenue to the north side of the Southern Pacific Railroad trestle.

C. Front yard setback for the second floor and attached covered parking shall be twenty feet from the front property line, although the setback to covered parking may be reduced to eighteen feet in sidewalk exempt areas. The front yard setback for detached garages or carports shall be forty feet.

D. Front yards area not required for parking shall be landscaped to achieve a fifteen percent tree canopy in accordance with Chapter 12.12 of this code; and including a two-foot planter strip between uncovered parking in the front setback and the side property line, and that landscape area maintained in good condition.

E. Side yards shall be at least ten percent of the property width although not more than seven feet shall be required, and in no case shall less than three feet be permitted, except in the following cases:

1. On a corner lot, the side yard setback on the street side shall be a minimum of ten feet (adjacent to the neighboring front yards); and the minimum rear yard shall be the minimum side yard of the adjacent property, but no less than four feet;

2. When a garage obtains access from a side yard, on a corner parcel, the garage shall be set back twenty feet, although this setback may be reduced to eighteen feet in sidewalk exempt areas;

3. For levels above the first floor, setback shall be at least fifteen percent of the side yard although not more than ten feet shall be required. For half-stories, projected building area under/from the roof (e.g., shed or dormer areas) shall also meet the second floor setback requirements. Up to twenty percent of a second floor wall may be at the same setback as a first floor wall with a setback of at least four feet;

4. For detached, covered parking the minimum side setback is three feet;

5. For portions of the structure with setbacks between three and four feet, the maximum wall plate height shall be twelve feet.

F. Rear yards shall have a depth equal to not less than twenty percent of the depth of the lot to a maximum required depth of twenty-five feet for such rear yard, with the exception of rear yards associated with detached, covered parking for which the minimum rear setback is eight feet. The minimum setback between the main structure or other detached accessory structures, with or without a breezeway, shall be three feet, or as required by the Uniform Building Code.

G. Lot Dimension Determination. For the purpose of chapter, lot depth shall be the average length of the side property lines which run approximately perpendicular to the street, and the lot width shall be the average length of the front and rear property lines. In the case of an oddly-shaped lot, the city planner shall determine the lot depth and width using the criteria for normally-shaped lots as a guideline. Anyone affected by the city planner’s determination may file, within ten days of the determination, a written appeal with the planning commission, which shall consider and decide the matter. No fee shall be required. (Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 675, 1987; Ord. 643 § 2, 1987; Ord. 388 Art. 5 (part), 1975)

17.15.120 Yard encroachments.

A. Cornices, eaves, canopies, fireplaces and similar architectural features, but not including any flat wall or projecting closet, may extend into any required side yard a distance not exceeding two feet or into any required front or rear yard a distance not exceeding four feet; provided, that these features do not come within three feet of the property side yard boundaries for chimneys and projecting windows with no floor area, and two feet for fire-safe cornices, eaves, canopies, and rain gutters on the first floor.

B. Main entry porches, stairways, fire escapes, or landing places may extend into any required front yard on the ground floor for a distance not to exceed four feet; and into any required rear yard on the ground floor for a distance not to exceed six feet, and into any required side yard on the ground floor for a distance not to exceed one-half the width of the required side yard, provided that these features do not come within three feet of the side property boundaries and ten feet of the front property boundary.

C. Single-story additions to existing single-story residential units which do not exceed fifty percent of the length of the average of the two sides of the structure may be constructed at the same setback as the existing structure, as long as a minimum four-foot setback remains.

D. Second story additions must meet setback requirements, except that up to twenty percent of the length of the upper story wall may be constructed at the same setback as the first-floor wall, if that wall is at least four feet from the side property line.

E. Projecting bay windows may extend into any required front or rear yard for a distance not to exceed two feet. The width of the opening required for a bay window which encroaches into any required front or rear yard may not exceed sixty percent of the width of the wall in which it is located. Any bay window which projects more than twelve inches from the wall will be included in the floor area ratio calculation.

F. Projecting bay windows may extend into any required side yard for a distance not to exceed two feet provided that the bay window is set back at least three feet from the side property lines on the first floor. The width of the opening required for a bay window which encroaches into any required side yard may not exceed sixty percent of the width of the wall in which it is located. Any bay window which projects more than twelve inches from the wall will be included in the floor area ratio calculation.

G. Rear and side yard decks on the ground level which are thirty inches or less above grade may encroach into the required setbacks; provided, that these features are setback at least three feet from the property line. (Ord. 873 § 1 (part), 2004: Ord. 776 § 2, 1995; Ord. 710 § 1 (part), 1991: Ord. 643 § 3, 1987: Ord. 388 Art. 5 (part), 1975)

17.15.130 Parking.

A. The minimum parking requirement for a single-family residence of one thousand five hundred square feet or less of floor area shall be two parking spaces, neither of which must be covered.

B. For single-family residences one thousand five hundred one to two thousand square feet, two spaces are required, one of which must be covered; for residences two thousand one to two thousand six hundred square feet three spaces are required, one of which must be covered; for residences two thousand six hundred one to four thousand square feet four spaces are required, one of which must be covered. Residences greater than four thousand one square feet may require additional parking at the discretion of the planning commission beyond the three uncovered and one covered space required for residences up to four thousand square feet, as per subsection D of this section.

C. Interior (covered) parking spaces shall be a minimum of ten feet by twenty feet clear, as measured from the interior finished wall surfaces.

D. The planning commission may require more parking spaces for residential units over four thousand square feet, or if a finding can be made that there is a parking problem in the neighborhood.

E. No additional square footage which exceeds ten percent of the existing gross floor area may be added to an existing single-family residence, unless minimum parking requirements are met.

F. Parking spaces required by this section may not be located in any public or private right-of-way.

G. No parking space which is utilized to meet the parking requirements of this chapter, nor the path of access of any such parking space, may, without planning commission approval, be modified in any manner which decreases the utility of the space for parking purposes. All areas shown on architectural and site plans utilized by the property owner are subject to this section, and must be maintained as parking spaces.

H. Tandem parking is permitted for up to two uncovered spaces in front of a garage, with a maximum of three tandem spaces, including the covered space for a single garage. (Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 388 Art. 5 (part), 1975)

17.15.140 Garage and accessory buildings.

The following development standards shall apply for garages and accessory buildings:

A. Garages and accessory buildings other than approved second dwelling units may not be used for human habitation;

B. In the case of a corner lot, no detached accessory building or detached garage shall be erected, altered or moved so as to occupy any part of the front half of such lot;

C. The minimum side setback for detached accessory buildings is three feet. The minimum rear setback is eight feet. The minimum front setback is forty feet for detached garages;

D. Detached garages, carports and other accessory buildings must be set back from the primary residential structure by three feet but may be connected to the main building by a breezeway which shall be located in accordance with the yard regulations and uniform building code for detached buildings;

E. A single accessory structure of eighty square feet or less and eight feet or less in height, with no plumbing or electrical fixtures, may be allowed in side and rear setback areas;

F. If a garage is in a rear yard, a driveway of not less than twelve feet in width (which may include side yard or easement and which can consist of ten feet in a paved driveway and two feet of landscaping along the side property line in the front setback) shall be provided and maintained. However, a driveway width of eleven feet may be permitted by the planning commission for additions and remodels, where the paved driveway is nine feet with two feet of landscaping in the front setback.

Driveway width for residential uses shall not exceed twenty feet unless an exception is granted by the planning commission due to unusual lot configuration, landscaping or site design considerations. Permeable paving materials, and/or paving strips are encouraged for parking and driveway areas.

G. The width of detached garages or carports in the rear yard is limited to twenty-one feet. The height is limited to fifteen feet (nine feet to the top of the wall plate) however the planning commission may approve an exception to allow additional height if necessary to match the architectural style of the existing primary structure.

H. Attached garages which constitute less than fifty percent of the building frontage are encouraged, as are divided garage doors for double garages.

I. Trellis structures intended to provide support for plants and shade for cars, hot tubs, etc., will not be permitted in the front setback and will not count toward the covered parking requirement. Such structures may be permitted in the side or rear setback as long as the height is limited to ten feet at the top of the highest portion, the structure roof remains permeable (roof members at least twelve inches apart), and the structure is open on at least three sides. (Ord. 882 § 2, 2005; Ord. 873 § 1 (part), 2004: Ord. 710 § 1 (part), 1991: Ord. 643 § 4, 1987)