Chapter 18.20
GENERAL PROVISIONS AND EXCEPTIONS
Sections:
18.20.010 Conformity with district regulations.
18.20.020 Use of nonconforming sites.
18.20.040 Coverage – Measurement.
18.20.050 Minimum yard requirements – Measurement.
18.20.060 Yard requirements – Exceptions.
18.20.070 Height limitations – Measurement.
18.20.080 Height limitations – Exceptions.
18.20.090 Determination of permitted use.
18.20.140 Public safety facilities.
18.20.010 Conformity with district regulations.
A. No site or structure shall be used or designated for use for any purpose or in any manner other than in conformity with the regulations for the district in which the site or structure is located.
B. No structure shall be erected and no existing structure or use shall be moved, altered or enlarged except in conformity with the regulations for the district in which the structure or use is located.
C. No yard or other open space surrounding any structure or use shall be used, encroached upon or reduced in any manner except in conformity with the regulations for the district in which the yard or open space is located.
D. No site held in one (1) ownership on the effective date of the ordinance codified in this chapter, or at any time thereafter, shall be reduced in any manner below the minimum area, frontage, width or depth prescribed for the district in which the site is located.
E. Where two (2) or more parcels of record are owned by the same person, or other legal entity, and one (1) or more parcels are less than fifty (50) feet in width and less than five thousand (5,000) square feet in area, such substandard parcel may not be sold or developed separately from the adjacent parcels. Such parcels may be resubdivided so as to create two (2) or more parcels which meet the lot width and site area requirements of this title. If one (1) such parcel meets the minimum lot width and site area requirements but the other(s) do not, such parcel meeting lot width and site area minimums cannot be sold or developed separately, but may be resubdivided by including portions of adjoining parcels to create new parcels which meet the minimum lot width and site area requirements of this title. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (15).]
18.20.020 Use of nonconforming sites.
Except as otherwise provided in this section, a site having an area, frontage, width or depth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved subdivision map, or for which a deed or valid contract of sale was of record prior to and which had legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use, but shall be subject to all regulations for the district in which the site is located and DMC 18.20.010. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.20.030 Yard spaces.
No yard space provided about any structure in compliance with the regulations for the district in which it is located shall be deemed to provide a yard space for a structure on any other side. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.20.040 Coverage – Measurement.
The percent of the site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures, open or enclosed, by the total horizontal area within the property line of the site. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.20.050 Minimum yard requirements – Measurement.
A. Front or Street Side Yards. Minimum required yards shall be measured from the property line. Where official plan lines exist, such yards shall be measured from such official plan line. If a proposed new sidewalk or right-of-way differs from that existing, then the required yard shall be measured from the property line.
B. Rear or Interior Side Yards. Minimum required yards shall be measured from the property line the required distance to a line parallel thereto on the site. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 35.]
18.20.060 Yard requirements – Exceptions.
A. Architectural features including sills, chimneys, cornices and eaves may extend into a required side yard or a space between structures not more than two (2) feet and may extend into a required front or rear yard not more than four (4) feet.
B. Open, unenclosed, uncovered balconies, porches, platforms, stairways and landing places no part of which is more than four (4) feet above the surface of the ground may extend into a required yard or space between buildings not more than four (4) feet, except into the required twelve (12) foot side yard in the R1 district.
C. Open, unenclosed, uncovered metal fire escapes may project into any required yard or space between buildings not more than three (3) feet.
D. Fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open space, subject to the limitations prescribed in the district regulations and Chapter 18.33 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.20.070 Height limitations – Measurement.
The height of a structure shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof or the mean height between eaves and ridges for a hip, gable or gambrel roof. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.20.080 Height limitations – Exceptions.
A. Towers, spires, cupolas, chimneys, penthouses, water tanks, flagpoles, monuments, scenery lofts, radio and television aerials and antennas, fire towers and similar structures and necessary mechanical appurtenances covering not more than ten percent (10%) of the ground area covered by the main structure may be erected to a height not more than twenty-five (25) feet above the limit prescribed by the regulations for the district in which they are located.
B. Utility poles, transmission towers, and amateur radio antennas shall not be subject to the height limits prescribed in the district regulations. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.20.090 Determination of permitted use.
Whenever the Community Development Director receives an application for a proposed use located in a zoning district which use is not expressly listed as a permitted or conditionally permitted use, the Director shall determine whether or not any expressly listed permitted or conditional use (for example, restaurants) or use type (for example, commercial service establishments) encompasses the proposed use. The Community Development Director shall also notify the City Planning Commission, City Council, and the applicant of his or her determination and the reasons therefor. If any Planning Commissioner or City Council member requests the matter be heard by the City Planning Commission within ten (10) days after notification, the matter shall be referred to the Planning Commission for their determination and the applicant notified of the referral.
A. If the proposed use is determined to be by implication within the intended permitted or conditionally permitted uses for the zoning district as indicated by the zoning district’s regulations, the proposed use may be processed in the applicable manner.
B. Determinations are subject to appeal as provided in Chapter 18.40 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 36.]
18.20.100 Applications for secondary living units.
Repealed by Ord. 19-008. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (16).]
18.20.110 Approval of secondary living units.
Repealed by Ord. 19-008. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (17); Ord. 15-002 § 37.]
18.20.120 Density bonuses.
Superseded by Ord. 15-012. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.20.130 Nondiscrimination.
This title is intended to comply with Federal and State fair housing laws. To the extent that there are terms or restrictions in this title which conflict with Federal and State law, those terms and restrictions shall, to the extent feasible, be construed and applied so as to prevent illegal discrimination.
It is the intent of this title to provide for reasonable accommodation of persons belonging to protected classes in compliance with Federal and State laws. All written requests for reasonable accommodation submitted at the time applications are made will be considered with those applications. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.20.140 Public safety facilities.
Public safety facilities, as defined by DMC 18.02.010(D), shall be exempt from any applicable setback requirement set forth in this title. [Ord. 18-004 § 2.]