Section
83.02.010 Purpose.
83.02.020 Applicability.
83.02.030 Clear Sight Triangles.
83.02.040 Height Measurement and Height Limit Exceptions.
83.02.050 Parcel Area Measurements and Exceptions.
83.02.060 Screening and Buffering.
83.02.070 Setback Regulations and Exceptions.
83.02.080 Allowed Projections/Structures Within Setbacks.
The purpose of this Chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.
(Ord. 4011, passed - -2007)
The standards of this Chapter apply to all land use zoning districts. These standards shall be considered in combination with the standards for each land use zoning district in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and Division 4 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the land use zoning district or specific land use shall override these general standards.
All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director, except as identified in Chapter 84.17 (Nonconforming Uses and Structures).
(Ord. 4011, passed - -2007)
(a) View Obstructions. Adequate visibility for vehicular and pedestrian traffic shall be provided at clear sight triangles at all 90 degree angle intersections of public rights-of-way and private driveways.
(1) Prohibited. The following shall be prohibited within a clear sight triangle:
(A) Monument signs.
(B) Hedges or shrubbery.
(2) Maximum Height Requirements. The following shall not be erected, placed, planted, or allowed to grow over 30 inches in height above the nearest street curb elevation within a clear sight triangle:
(A) Fences and walls.
(B) Signs.
(C) Structures.
(D) Mounds of earth.
(E) Other visual obstructions.
(3) Exceptions. The requirements for clear sight triangles shall not apply to:
(A) Traffic safety devices.
(B) Trees trimmed to eight feet above the adjoining curb.
(C) Utility poles.
(D) Other government or utility installed/maintained devices allowed by this Development Code.
(E) Freestanding sign when the lower edge of the sign face is at least eight feet above grade and when there are no more than two posts or columns, each with a maximum width or diameter of 12 inches, supporting the sign.
(b) Dimensions and Location. Clear sight triangles are right triangles that shall be measured as follows:
(1) The 90-degree angle is formed by the intersection of either:
(A) The intersection of the edges of two roadways as measured at the edge of their ultimate planned right-of-way; or
(B) The intersection of the edge of a private driveway or alley and the edge of the ultimate planned right-of-way of an intersecting roadway.
(2) The two 45-degree angles of a clear sight triangle shall each be located as follows (See Figure 83-1):
(A) Roadway intersections - 30 feet from the roadway intersection.
(B) Private driveway or alleyway - ten feet from the intersection.
(Ord. 4011, passed - -2007)
All structures shall meet the standards in this Section relating to height, except for fences and walls, which shall comply with Chapter 83.06 (Fences, Hedges, and Walls).
(a) Maximum Height Allowed. The height of buildings/structures shall not exceed the standards established by the applicable land use zoning district, except as otherwise provided in this Section.
(b) Height Measurement. Height shall be measured as the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of mansard roof or to the average height of the highest gable of a pitched or hipped roof or the highest part of a structure. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
(1) The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when the sidewalk or ground surface is not more than ten feet above lowest grade.
(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in Subdivision (1) above is more than ten feet about lowest grade.
(c) Allowed Building/Structure Height Increases. The maximum building/structure height development standards established by Division 2 (Land Use Zoning Districts and Allowed Land Uses) may be increased as specified by this Section, provided the increase shall not conflict with airport safety regulations or conditions of an approved Conditional Use Permit.
(1) Institutional Structures. Institutional structures in land use zoning districts that impose a height limitation of 35 feet or less may exceed the 35 foot height limit by up to 25 feet when the required front, side, and rear setbacks are increased an additional one foot in excess of minimum requirements for each four feet in height above 35 feet.
(2) Miscellaneous Structures. The maximum structure height specified in a land use zoning district may be exceeded by no more than 50 percent for the following structures, except that a lower maximum height may be specified in the conditions of an approved Conditional Use Permit:
(A) Barns, silos, grain elevators, and other farm structures in Rural Resource Conservation (RC), Agricultural (AG), or Rural Living (RL) land use zoning districts.
(B) Birdhouses.
(C) Architectural features of religious institutions.
(D) Cooling towers, smokestacks or other structures that are required by allowed industrial processes in industrial land use zoning districts.
(E) Cupolas, domes, skylights, and gables.
(F) Elevator housings.
(G) Fire and hose towers.
(H) Fire or parapet walls.
(I) Flag poles.
(J) Mechanical equipment and its screening to include roof-mounted wireless telecommunications support facilities.
(K) Monuments.
(L) Noncommercial antennae up to 65 feet in residential land use zoning districts.
(M) Observation and carillon towers.
(N) Ornamental towers and spheres.
(O) Radio and television station towers.
(P) Residential chimneys, flues, smokestacks, and enclosures.
(Q) Solar energy collectors in the RS (Single Residential) and RM (Multiple Residential) land use zoning districts. In other land use zoning districts, these structures shall be allowed up to 65 feet. These structures shall be set back from all property lines and habitable structures at least 100 percent of the height of the structure. For noncommercial windmills, refer to Chapter 84.26 (Wind Energy Systems). Small solar collectors (less than three feet by three feet) are exempt from this requirement to be setback from property lines.
(R) Stairway housing.
(S) Water tanks and water towers.
(T) Distribution and transmission cables and towers.
(U) Other roof structures and mechanical equipment similar to those listed above.
(Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4245, passed - -2014)
(a) Purpose. The purpose of this Section is to provide regulations for parcel area standards required by this Development Code. The intent is to clarify the circumstances in which exceptions to the standards may be allowed and to provide uniform methods of calculating parcel areas and measuring parcel dimensions.
(b) Applicability. Except as provided in this Chapter, all parcels of land shall conform to the parcel area standards in Division 2 (Land Use Zoning Districts and Allowed Land Uses) for the land use zoning districts in which the parcels are located.
(c) Allowed Substandard Parcels. A legally created parcel having an area, width, or depth less than that required by an applicable standard provided in Division 2 (Land Use Zoning Districts and Allowed Land Uses) may be used or built upon, provided the development otherwise conforms to the requirements of this Development Code.
(d) Exceptions to Parcel Area Requirements.
(1) Parcel Area Reduction as a Result of Government Action for Public Purpose. Where a parcel area or setback width or depth has been reduced by a government agency to not more than 25 percent below the minimum requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses), by condemnation, acquisition or dedication for a road, drain, or other public purpose, including any dedication as a result of a redistricting, Variance or Conditional Use Permit, the parcel area existing before reduction shall be what counts for meeting the requirements of this Development Code.
(2) Preservation of Historic Structures. Parcels to be used for the preservation of historic structures or land uses may have less than the minimum parcel area required for the land use zoning district where located, provided that:
(A) The parcel’s structure and/or use have been or may be deemed historic by an incorporated, nonprofit historic preservation organization.
(B) The site shall not be used for human habitation nor generate sewage effluent unless it is:
(I) Served by common sewage facilities; or
(II) Contains at least 40,000 square feet and the facilities meet the approval of the Environmental Health Services Division.
(C) The parcel owner shall grant an easement in perpetuity to the County or other governmental body empowered to accept the easement, restricting further development of the site to historic preservation purposes.
(3) Subdivision in Compliance with Conditional Use Permit. The subdivision of multi-family dwellings and mobile home parks in compliance with the conditions of an approved Conditional Use Permit shall not be held to the minimum parcel area requirements of the applicable land use zoning district.
(4) Subdivision Where Topographical Constraints or Created by Aliquot Part. Metes and bounds subdivisions may have actual parcel areas that are ten percent less than those required by the applicable land use zoning district, where the parcels either:
(A) Have topographical constraints; or
(B) Are created by aliquot part division (i.e., using a “proper divisor,” which is any divisor of a given number other than the number itself).
(e) Parcel Area Calculations. The minimum parcel area requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) shall be calculated as follows:
(1) Urban Areas. The area of parcels within the following urban land use zoning districts shall be that area included within the perimeter of the legal boundaries of the subject property, exclusive of any area within abutting planned rights-of-way (net area): Single Residential (RS) where lands are designated for lots smaller than one acre as measured herein, Multiple Residential (RM), Special Development (SD) and all commercial, industrial and institutional land use zoning districts.
(2) Rural Areas. The area of parcels within the following rural land use zoning shall be that area included within the perimeter of the legal boundaries of the subject property inclusive of that area within the planned rights-of-way up to the centerline, not to exceed 60 feet from the legal boundary of the lot (gross area): Resource Conservation (RC), Agriculture (AG), Rural Living (RL), Floodway (FW) and Open Space (OS). Within the RS-1 (Single Residential-one acre minimum lot size) Land Use Zoning District, parcels shall be measured based on gross area as defined herein, provided that when any one acre lot is created within an area not served by a municipal water and sewer system, each lot shall be configured so as to meet applicable requirements for an individual well and septic system.
(3) Parcels That Abut Alleys. In computing the area of a parcel that abuts upon one or more alleys, one-half the width of the alley(s) may be assumed to be a portion of the parcel.
(4) Rounding. In computing lot area requirements for the resultant parcels in a subdivision, the total lot area shall be rounded to the nearest tenth of an acre using the normal rounding convention (e.g., 2.45 acres shall be rounded to 2.5, 9.94 acres shall be rounded to 9.9 acres).
(f) Measurement of Parcel Dimensions. All required parcel dimensions shall be measured in compliance with the definitions contained in Division 10 (Definitions).
(Ord. 4011, passed - -2007)
This Section provides standards for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas, and surface parking areas. Multi-family and nonresidential land uses shall comply with the requirements of this Section.
(a) Screening Between Different Land Uses.
(1) An opaque screen consisting of plant material, a minimum of ten feet in width, and a solid masonry wall, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial, institutional or industrial development adjoins a residential land use zoning district.
(2) The maximum height of walls shall comply with the provisions of Chapter 83.06 (Fences, Hedges, and Walls).
(3) The walls shall be architecturally treated or landscaped on both sides to avoid the appearance of unfinished precision block, subject to the approval of the Director.
(4) Minimum sizes of plant materials shall conform to the requirements in § 83.10.070(d) (Landscape Standards Minimum Sizes of Plant Materials).
(b) Mechanical Equipment, Loading Docks, and Refuse Areas.
(1) Roof or ground mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, etc.), loading docks, refuse storage areas, and utility services shall be screened from public view from adjoining public streets and rights-of-way and surrounding area(s) zoned for residential or open space uses.
(2) The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style.
(3) Landscaping shall be installed adjacent to the walls at the discretion of the Director.
(c) Outdoor Storage Areas.
(1) The use of outdoor areas for storage purposes shall be subject to the following standards:
(A) Outside storage areas shall be screened with a solid sight-obscuring wall not less than six feet nor more than eight feet in height, of a type and design approved by the Director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be continuously maintained in good repair.
(B) Stored materials shall be kept below the level of the fence or other screening mechanism.
(C) Site operations in conjunction with outdoor storage, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.
(D) Exterior storage shall comply with Title 3 (Health and Sanitation and Animal Regulations) of the County Code.
(2) Incidental outdoor storage shall be allowed, subject to the above standards. Outdoor storage categorized as a primary land use shall be subject to the applicable permitting requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and the above standards.
(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009)
Loading...