CHAPTER 12.128
EXCEPTIONS
SECTION:
12.128.020 Storage Restrictions
12.128.010 HEIGHT:
Height limitations set forth in this title shall not apply to towers, spires, elevator and mechanical penthouses, cupolas, similar structures and necessary mechanical accessories which are not used for human activity or storage. (Ord. 2000-03, 8-7-2000)
12.128.020 STORAGE RESTRICTIONS:
A. Vacant Lots: No person shall store any commercial or construction equipment or materials or store or park any boat, house trailer, camper trailer, detached camper trailer, detached camper trailer top, motor vehicle, or dismantled motor vehicle on vacant lots or vacant parcels in any zoning district of the city.
B. Construction Equipment: No person shall store any commercial or construction equipment or materials on any occupied lot or parcel in any zoning district of the city except in the commercial or industrial districts. Equipment or materials being used for construction on the premises where a valid building permit has been issued or applied for may be stored thereon during construction.
C. Outdoor Storage: Outdoor storage buildings, containers and enclosures in commercial and industrial zoning districts are permitted only when screened from view of any public right of way, are less than three hundred (300) square feet, and located in rear or side yard areas. (Ord. 2000-03, 8-7-2000)
12.128.030 MINOR EXCEPTIONS:
A. Authority: To ensure compatibility with surrounding uses and to preserve the public health, safety, and welfare, the planning director is authorized to grant a minor exception to the following code requirements:
1. Fence Height: In any district, the maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of two feet (2’), where the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, as generally provided by such fence, wall, hedge or screening in similar circumstances.
2. Fence Height; Street Side Yards: In residential districts, the planning director may grant a minor exception to allow the standard fence height limitation of three and one-half feet (3 1/2’) to be increased to six feet (6’) within the street side yard setback when the adjoining property to the rear of the subject property shares a common street side yard, and does not have driveway access to the street where the fence height is proposed to be increased. Such fences may be placed on the property line, or to the property side edge of the public utility easement where such easements are located in the side yard. The increased fence height shall be limited to the portion of the lot behind the front wall of the home and may be further restricted on a case by case basis as necessary to ensure adequate visual safety for motorists and pedestrians at the corner.
3. Setbacks: In any district, the planning director may decrease the minimum setback by not more than twenty five percent (25%) for front and rear yard areas and by not more than forty percent (40%) in side yard areas where the proposed setback area or yard is in character with the surrounding properties and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.
4. Lot Coverage: In any district, the planning director may increase the maximum lot coverage by not more than ten percent (10%) of the lot area, where such increase is necessary for significantly improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect abutting sites.
5. Off Site Parking: The planning director may authorize a maximum twenty five percent (25%) of the required parking for a use to be located on a site not more than three hundred feet (300’) from the site of the use for which such parking is required, where such off site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required.
6. On Site Parking: The planning director may authorize a maximum twenty five percent (25%) reduction in the required on site parking requirements where such reduction will not result in a traffic hazard, impact the necessary parking for the use, and will not impact abutting uses.
7. Height: In any district, the planning director may authorize a ten percent (10%) increase in the maximum height limitation. Such increases may be approved where necessary to significantly improve the site plan or architectural design, and where scenic views or solar access on surrounding properties are not affected.
B. Application: An application for a minor exception shall be filed with the planning department, in a form prescribed by the planning director.
C. Notification: The planning department shall notify the applicant and contiguous property owners and other interested parties of the proposed exception by mail ten (10) days prior to the decision of the planning director.
D. Conditions Of Approval: The planning director may impose reasonable conditions on an approval of a minor exception. Conditions may include, but not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening, requirements for installation and maintenance of landscaping and erosion control measures, regulation of vehicular ingress and egress, and traffic circulation, regulation of signs, establishment of development schedules or time limits for performance or completion, requirements for periodic review by the planning department and any other conditions as deemed necessary by the planning director. (Ord. 2005-37, 8-1-2005)