Chapter 17.95
SUPPLEMENTARY PROVISIONS
Sections:
17.95.020 General provisions regarding accessory uses.
17.95.030 Authorization of similar uses.
17.95.040 Maintenance of minimum requirements.
17.95.050 General exception to lot size requirements.
17.95.060 Exceptions to yard requirements.
17.95.070 General exception to building height limitations.
17.95.010 Zone boundaries.
Unless otherwise specified, zone boundaries are lot lines or the centerline of street, alley, or railroad right-of-way or such lines extended. Where a zone boundary divides a land parcel under a single ownership into two zones, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than 20 feet. If the adjustment involves a distance of more than 20 feet, the procedure for a zone change shall be followed. [Ord. 1282 § 2 (Exh. B), 2023; Ord. 1037 § 1, 1997; Ord. 950 § 81, 1991.]
17.95.020 General provisions regarding accessory uses.
A. Fence Height in Residential Zones and for Residential Uses. Fences and walls may be located within yards and setback areas. (See Appendix A, Diagram 3.)
1. Front Yards. Fences or walls on front yard property lines, or within the front yard area, shall not exceed three and one-half feet from the grade of the street centerline in the front yard, and fences in front yards on corner lots shall not conflict with requirements of a vision clearance area.
2. Rear and Side Yards. Fences or walls on rear and side yard property lines, or within the rear or side yard area, shall not exceed seven feet in height (including lattice or other extensions).
3. Fences in or abutting residential zones shall be constructed using materials suitable for residential-style fencing, including, but not limited to, wood, block, brick, chain link, or other suitable material. Field wire fences (also referred to as chicken, rabbit, or hog wire) shall not be used as perimeter fencing in residential zones. Barbed wire fences shall not be permitted in residential zones. Where a nonresidential zone abuts a residential zone, barbed wire may be used only above six feet.
B. Fence Height in Nonresidential Zones and for Nonresidential Uses. Fences in nonresidential zones and for nonresidential uses shall not exceed eight feet in height and shall not conflict with requirements of a vision clearance area.
C. Permits. Fences greater than six feet in height require a building permit.
D. Fence Materials. Fences in or abutting residential zones shall be constructed using materials customarily used and manufactured as fence materials for residential-style fencing, including, but not limited to, wood, block, brick, chain link or other suitable material. Decorative hex netting shall be completely framed using framing material. Material such as broken boards or other discarded materials, tarps and other similar coverings secured to fences are not common residential fencing materials and are therefore not permitted and field wire fences (also referred to as chicken, rabbit, or hog wire) shall not be used as perimeter fencing in residential zones. Barbed wire fences shall not be permitted in residential zones. Where a nonresidential zone abuts a residential zone, barbed wire may be used only above six feet.
E. Height. The highest point of the roof of an accessory structure 200 square feet or less, not including a garage, carport or accessory dwelling unit, shall not exceed a height of 15 feet in a residential zone.
F. Rear Yard. Accessory structures that do not require a building permit shall be set back a minimum of not less than five feet from the rear property line.
G. Alley. Accessory structures that require a building permit, not including a garage, carport or accessory dwelling unit, shall be set back at a minimum four feet from the rear property line abutting an alley.
H. A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales.
I. A guest house may be maintained accessory to a dwelling, provided there are no charges made for the accommodation. A guest house shall comply with the accessory dwelling standards in JCMC 17.10.010.
J. Swimming pools, fish ponds or other decorative pools shall conform with Chapter 17.110 JCMC. [Ord. 1282 § 2 (Exh. B), 2023; Ord. 1197 § 2, 2010; Ord. 1051 § 4, 1998; Ord. 1037 § 1, 1997; Ord. 950 § 82, 1991.]
17.95.030 Authorization of similar uses.
The planning commission may rule that a use, not specifically listed in the allowed uses of a zone, shall be included among the allowed uses if the use is of the same general type and is similar to the allowed uses. However, this section does not authorize the inclusion of a use in a zone where it is specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zone. [Ord. 1282 § 2 (Exh. B), 2023; Ord. 1037 § 1, 1997; Ord. 950 § 83, 1991.]
17.95.040 Maintenance of minimum requirements.
No lot area, yard or other open space or required off-street parking or loading area existing on or after the effective date of the ordinance codified in this chapter shall be reduced in area, dimension or size below the minimum required by this chapter, nor shall any lot area, yard or other open space or off-street parking or loading area which is required by this chapter for one use be used as the lot area, yard or other open space or off-street parking or loading area requirements for any other use, except as provided in JCMC 17.90.030(D). [Ord. 1282 § 2 (Exh. B), 2023; Ord. 950 § 84, 1991.]
17.95.050 General exception to lot size requirements.
If, at the time of passage of the ordinance codified in this chapter, a lot or the aggregate of contiguous lots or land parcels held in a single ownership has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the zone subject to the other requirements of the zone and providing, if there is an area deficiency, residential use shall be limited to a single-family residence. [Ord. 1282 § 2 (Exh. B), 2023; Ord. 950 § 85, 1991.]
17.95.060 Exceptions to yard requirements.
In the case of buildings, the following exception to the yard requirements is authorized for a lot in any zone: If there are buildings on both abutting lots with yards of less than the required depth for the zone, the yard of the lot need not exceed the average yard of the abutting buildings. If there is a building on one abutting lot with a yard of less than the required depth for the zone, the yard for the lot need not exceed a depth one-half way between the depth of the abutting yard and the required yard depth. [Ord. 1282 § 2 (Exh. B), 2023; Ord. 1051 § 5, 1998; Ord. 1037 § 1, 1997; Ord. 950 § 86, 1991.]
17.95.070 General exception to building height limitations.
The following types of structures or structural parts are not subject to the building height limitations of this chapter except in residentially zoned areas unless otherwise restricted: chimneys, cupolas, tanks, derricks, fire and hose towers, observation towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, water towers, elevator shafts, windmills, conveyors and other similar projections. Churches and church spires, belfries, domes, and similar monuments are not subject to the building height limitations of this chapter. [Ord. 1282 § 2 (Exh. B), 2023; Ord. 1116 § 1, 2003; Ord. 1105 § 1, 2002; Ord. 950 § 87, 1991.]
17.95.080 Access.
All lots shall abut a street other than an alley for a width of at least 35 feet, except as provided in Chapter 16.05 JCMC for flag/panhandle lots in the R1 and R2 zones. [Ord. 1282 § 2 (Exh. B), 2023; Ord. 1037 § 1, 1997; Ord. 950 § 88, 1991.]
17.95.090 Vision clearance.
The vision clearance area contains no plantings, walls, structures, or temporary or permanent obstructions exceeding three and one-half feet or lower than eight feet in height measured from the grade of the street centerline. Vision clearance shall be provided from the outside edge of the curb as shown in Appendix A, Diagram 1, or from the edge of the paved road where no curbs exist with the following distances establishing the size of the vision clearance area:
A. In a residential zone the minimum distance shall be 30 feet at street intersections and 10 feet for an alley or driveway.
B. In all other zones, except the C2, the minimum distance shall be 15 feet at street intersections including an alley or service drive; except that when the angle of intersection between streets is less than 30 degrees, the distance shall be 25 feet. [Ord. 1282 § 2 (Exh. B), 2023; Ord. 1037 § 1, 1997; Ord. 950 § 89, 1991.]