A. Properties located within a residential zone may have one private recreation court, including associated walls, fences, and lighting. No new recreation court shall be constructed, and no existing recreation court shall be relocated, altered, or enlarged, except in compliance with the provisions of this article. The following development standards shall apply to all recreation courts:
1. Recreation courts are prohibited within any front or street side setback, or within any City-owned easement.
2. Recreation courts are prohibited within a yard, or other area, between the front plane of a residence and a street.
3. Recreation courts are prohibited within ten (10) feet of any interior rear or side property line, or any landscape, equestrian or pedestrian easement.
4. No recreation court, nor any fencing or poles related thereto, shall be elevated above the existing grade level.
5. Recreation courts shall not be used for commercial purposes.
B. A recreation court consisting of less than one thousand (1,000) square feet, without lighting, and with any fencing or other enclosure no more than six (6) feet in height, located no closer than ten (10) feet to the interior side and rear setbacks is permitted by right. Recreation courts may be sunk below the existing grade to meet these requirements; and for recreation courts sunk below the existing grade, fence height shall be measured from the pre-existing (higher) adjacent grade to determine the maximum height.
C. Any existing recreation court constructed prior to March 23, 2018, shall be deemed approved, despite any non-compliance with the provisions of this article, in its configuration existing as of March 23, 2018. Any alteration, expansion, replacement, or other modification to such a recreation court shall be subject to the provisions of this article, except that ordinary repair and maintenance may be performed. Notwithstanding the foregoing or any other provision of this article, for a recreation court constructed prior to March 23, 2018, any existing fencing or lighting may be repaired or replaced subject to the following requirements:
1. The replacement fencing (if more than six (6) feet high) and materials and design are reviewed and approved by administrative use permit.
2. The height of any replacement fencing shall not exceed the height of the previous fencing, or ten (10) feet, whichever is lower.
3. The replacement lighting and design are reviewed and approved lighting is no more than twenty (20) feet above grade level.
4. An administrative use permit shall be required for new or replacement of fencing that exceeds six (6) feet high, and any new or replacement lighting, for recreation courts constructed prior to March 23, 2018. (Ord. 2881, §13)