Chapter 17.60


17.60.010    Purpose.

17.60.020    Areas taken for public use.

17.60.030    Height exceptions.

17.60.040    Lot coverage.

17.60.050    Yard exceptions for single-family residences.

17.60.060    Exceptions for architectural features.

17.60.010 Purpose.

Due to the variety of types of individual buildings, lots, land uses, and unusual circumstances, certain required site and dimension regulations may not provide the flexibility in this title to allow for a unique nature of some structures, land uses, or housing and living circumstances. For this reason, the purpose of this chapter is to allow for automatic modification of certain site and dimension requirements in particular circumstances. (Ord. 387 (part), 1982)

17.60.020 Areas taken for public use.

Whenever a part of a legally existing lot is taken for public use in any manner and the remainder of the lot does not conform to the minimum requirements of the zone in which located, the remaining portion of the lot shall be declared legally buildable after satisfying the following conditions:

A.    The lot must have access to a dedicated street;

B.    The lot must have a buildable area of at least thirty-five feet by forty-five feet exclusive of setback requirements;

C.    The lot must be able to meet one-half the side yard setbacks and set back at least ten feet from the front or rear lot line; and provided further, that all other regulations of this title and the requirements of the health district are met. (Ord. 387 (part), 1982)

17.60.030 Height exceptions.

A.    The following types of structures shall not be subject to the height limitation of the individual districts, but shall be allowed to be erected to a maximum height of one hundred feet if they meet all other requirements of the individual district in which they are to be located:

1.    Bell towers;

2.    Church spires;

3.    Flag poles;

4.    Residential or commercial radio, television and radar transmission and/or reception towers;

5.    Water towers;

6.    Chimneys;

7.    Monuments; and

8.    Appurtenances such as stairwells, mechanical equipment, and elevator shafts that do not exceed the maximum building height by more than ten feet in the following zones: DB, CD, PCB, PI, PSP, WMU, CB(S), PCB(S), BP, IP, LI, AND HI.

B.    Structures which exceed forty-five feet in height shall be set back from any lot line five feet more than that specified in the individual district for every ten feet over forty-five feet of height.

C.    Nonconforming Building Height. Where the height of an existing building exceeds the maximum building height of the zone in which the building is located, remodels, additions, alterations, and repairs may be allowed to match the existing roof line; provided the addition, alteration, repair, or remodel does not increase the original building footprint and meets all other applicable code provisions. (Ord. 949 §§ 4, 5, 1998; Ord. 948 § 1 (part), 1999; Ord. 457 § 1 (part), 1984: Ord. 387 (part), 1982)

17.60.040 Lot coverage.

In those cases where there is a detached accessory building, the accessory building can occupy no more than forty percent of the total allowable lot coverage. (Ord. 387 (part), 1982)

17.60.050 Yard exceptions for single-family residences.

Yard requirements shall only be relaxed as provided for in this section.

A.    Front Yards. Front yard requirements may be adjusted according to the following:

1.    On blocks which are more than sixty percent developed and in which the average setback is less than the required minimum, any new construction may be set back from the front lot line a distance comparable to those fronting on the same street. The front yard setback is determined by taking the average of the setback dimensions with vacant lots being deemed to have the required minimum setback;

2.    On lots which front on a street, and have slope gradients in excess of thirty percent, the minimum front yard requirement may be reduced one foot for each one percent gradient over thirty percent to a maximum slope gradient of forty-five percent. The slope gradients are measured from the centerline of the street.

B.    Side Yards. Side yards may be adjusted in the following situations:

1.    Where a side yard fronts on an alley, the side yard setback shall be no less than twelve feet from side lot line.

C.    Rear yards may be adjusted under the following circumstances:

1.    Where legal nonconforming lots have an average minimum lot depth less than eighty-five feet, the rear setback requirement shall be reduced to fifteen feet as measured from the rear lot line; and

2.    For detached garages and carports which are incidental to the main building (such as a single-family residence) and serve no other principal use or purpose:

a.    Where the rear lot line fronts on an alley, a detached garage and/or carport must be set back no less than eight feet from the rear lot line, or

b.    The rear setback for detached garages and carports on interior or corner lots may be reduced to five feet if the rear lot line does not abut an alley and the use of the structure meets all other standards, and

c.    All zoning, building and fire code standards are met;

3.    Attached garages and carports may extend into the rear setback provided:

a.    Garages and carports are designed to obtain access off of an alley,

b.    The building height is stepped down to sixteen feet at the building setback line,

c.    The garage or carport may be located no closer than eight feet to the alley right-of-way line, and

d.    All zoning, building and fire code standards are met;

4.    Accessory buildings:

a.    One accessory building less than one hundred twenty square feet may be located on the rear and/or side property line,

b.    Accessory buildings over one hundred twenty square feet must be located within the buildable area of the underlying zone. (Ord. 1007 § 5, 1999; Ord. 990 § 5, 1999; Ord. 908 § 12, 1997; Ord. 567 §§ 10, 11, 1987; Ord. 387 (part), 1982)

17.60.060 Exceptions for architectural features.

In cases where there are certain architectural elements of buildings which have characteristics different from the rest of the main structure, allowances are made in the setback, coverage and area requirements:

A.    Eaves, cornices, chimneys, flues, projecting windows and ornamental features may project no more than two feet into a required front, rear or side yard.

B.    In cases where there are uncovered porches, decks or steps, the structures may project eight feet into a required front or rear yard and two feet into a required side yard, so long as they do not exceed the height of four feet at the point of connection to the building. (Ord. 1411 § 4, 2018: Ord. 1026 § 7, 2001; Ord. 567 §§ 12, 13, 1987; Ord. 519 § 1 (part), 1985; Ord. 387 (part), 1982)