Chapter 18.32 WALLS AND FENCES

Chapter 18.32
WALLS AND FENCES

Sections:

18.32.010 R-1 and R-M walls, fences and accessory structures.

A. Maximum Height. No fence, wall or accessory structure in the R-1 or R-M zone shall exceed the following heights:

1. Any fence, wall or accessory structure in the minimum required setback adjacent to a public street shall not exceed three feet, six inches in height. However, if a fence, wall, or accessory structure is located on a downhill slope from the street it shall not exceed three feet, six inches in height on the side facing the street and not exceed six feet, six inches in height on the downhill side of a slope. Setbacks from an alley adjacent to the rear or side of a lot are not included in this requirement.

2. All other fences, walls or accessory structures shall not exceed six feet, six inches in height.

B. Special Permits. Except where a wall, fence or accessory structure has been approved in the course of other required approvals under this code, a special permit may be issued for a wall, fence or accessory structure to exceed the standards set forth in subsection A of this section only as follows:

1. By the director, if he/she finds the wall, fence or accessory structure proposed shall not adversely affect any other property, for any wall, fence or accessory structure which is more than six feet, six inches but no more than eight feet in height and is not located within the minimum required setback adjacent to a public street.

Each decision of the director to approve a special permit shall be reported to the city council and the planning commission according to procedures established by the director. Notice of the decision shall be mailed to the applicant and all owners of real property abutting, across the street or alley from, or having a common corner with the subject property.

An interested party may appeal a decision of the director under this section to the planning commission by filing a written appeal with the director within fifteen days after such decision and paying the established appeal fee. The planning commission shall approve, approve with conditions, or disapprove the application in accordance with applicable criteria and requirements specified by law. The planning commission determination shall be final unless appealed to city council.

2. By the planning commission, if it finds the wall, fence or accessory structure proposed shall not adversely affect any other property, for:

a. Any wall, fence or accessory structure not located in a minimum required setback adjacent to a public street which exceeds eight feet in height,

b. Any wall, fence or accessory structure located in a minimum required setback adjacent to a public street which exceeds three feet, six inches in height.

C. Height shall be, for all purposes of this chapter, measured from the adjacent natural or existing elevation, whichever is lower.

D. “Nonhabitable accessory structure” means a structure that is not a single-family residence and is not used for habitable purposes, including, by way of example and not by way of limitation, an outdoor fireplace, trellis, pergola, gazebo, storage shed, or detached garage.

E. “Habitable accessory structure” means a structure that is not a single-family residence and is used for habitable purposes, including, by way of example and not by way of limitation, a guest house, pool house, play room, or cabana. Habitable accessory structures shall not have a kitchen and must have four walls and a roof.

F. In no event shall the setback of any habitable accessory structures be less than the setback requirements established for the main residential building.

G. Habitable accessory structures shall not exceed seven hundred square feet or ten percent of the lot size, whichever is less.

H. A conditional use permit shall be required for habitable accessory structures exceeding the standards set forth in subsection G of this section; provided, however, that in no case shall the accessory structure exceed the size of the main residential building.

I. Any accessory structure shall be silhouetted at the discretion of the planning director and/or planning commission. (Ord. 714 §§ 8 – 10, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 689 § 1, 2009; Ord. 556 § 1, 1992; Ord. 312 § 1, 1975)

18.32.020 Placement of containers.

Refuse containers should be kept in an area readily accessible to the refuse collector at ground level immediately adjacent to a driveway, or immediately adjacent to the side of a garage or the front ten feet thereof, or at other such fire-safe location as the planning commission may approve. (Ord. 700 § 2 (Exh. 1), 2012)