Loading...
Article 10: General and Special Development Standards
The purpose of this article is to provide for the necessary special provisions and regulations which are not otherwise set forth in this chapter, as well as to provide for exceptions and modifications to the provisions of this chapter where necessary for the practical and uniform application of the regulations of this chapter. If conflicts occur between the provisions of this article and other provisions of this chapter, the provisions of this article shall apply.
(Ord. 1445, eff. August 14, 2014)
The minimum lot size and building site size regulations set forth in this chapter for each particular zone shall be modified as follows:
(a) Where a public water supply and/or public sanitary sewer is not accessible, the Environmental Health Services Division may establish minimum lot size or lot area requirements for home site or new development in excess of, or less restrictive than, those otherwise set forth in this chapter, which requirements shall be based upon the area the Division determines to be necessary for the adequate provision of water and sewerage in the location and for the use requested. Under the provisions of Section 19 (Onsite Wastewater Treatment Systems) of Title 6 (Sanitation and Health) of the County Code, the Division has set a minimum parcel size of two acres for land use projects located on lands that rely upon an onsite wastewater treatment system. The Director of Environmental Health has the authority to issue variances to provisions set forth in the ordinance.
(b) Any lot or parcel of land in an agricultural or residential zone containing an area or dimension smaller than that required by the provisions of this chapter, which lot or parcel was of record in the office of the Clerk-Recorder on December 18, 1963, may be used as follows: one (1) single-family dwelling may be constructed on a parcel containing less than the minimum parcel size of the zone provided such structure complies with all the other regulations of the zone in which it is situated and regulations of other County departments, including water and sewerage requirements, and regulations of State or Federal agencies that have jurisdiction over the development.
(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1497, eff. June 7, 2018)
The following modifications shall apply to the front yard regulations set forth in this chapter for each particular zone:
(a) On a lot in any residential zone which adjoins a developed lot on which the front yard is less than that required for the particular zone, the required front yard may be reduced to the average of the established front yard on the adjoining lot and the front yard otherwise required in such zone.
(b) On a lot in any residential zone which has frontage on the turnaround portion of a cul-de-sac street, the front yard need not exceed twenty (20’) feet on the portion of such frontage which is radial to the center point of the turnaround.
(Ord. 1445, eff. August 14, 2014)
The maximum height limitation regulations set forth in this chapter for each particular zone shall be modified as follows:
(a) In any zone, other than the Agricultural Intensive Zone (A-N), the Agricultural Extensive Zone (A-X), the Agricultural Commercial Zone (A-C), the Agricultural Industrial Zone (A-I), the Agricultural Residential Zone (A-R), the Airport Overlay Zone (A-O), and other than properties adjacent to an A-O zone within a designated aviation safety zone and/or which are regulated by an applicable airport master or land use plan, the following structures may extend not more than thirty (30) feet above the height limits set forth in such zone; provided, however, applicable State and Federal regulations shall govern wherever conflicts occur: chimneys, church spires, flagpoles, monuments, windmill water pumps under 35 feet in height, water towers, fire and hose towers, observation towers, distribution lines and poles, communication equipment buildings, smokestacks, television towers, radar towers, masts, aerials, television antennas, outdoor theater screens (provided such screens contain no advertising matter other than the name of the theater), equipment penthouses and cooling towers, grain elevators, farm equipment and storage barns, silos, and gas holders.
(b) In the Agricultural Intensive Zone (A-N), the Agricultural Extensive Zone (A-X), the Agricultural Commercial Zone (A-C), the Agricultural Industrial Zone (A-I), and the Agricultural Residential Zone (A-R), there shall be no height limits, except for residential uses and small wind energy systems, as specified in Section 8-2.1103, respectively.
(c) Upon the approval of a Use Permit by the Planning Commission, the structures set forth in Subsection (a) of this section and all structures normally permitted in such zones may be permitted to further exceed the height limits for the particular zone when the Planning Commission finds that such additional height is necessary for the normal operation of a permitted use and will not be injurious to neighboring properties or detrimental to the public health, safety, and welfare.
(d) Churches, schools, and other permitted public and semi-public buildings may exceed the height limits of the zone in which they are located in accordance with the terms and conditions of an approved Use Permit.
(e) In any zone, other than the Airport Overlay Zone (A-O), public utility transmission lines may exceed the height limits of the zone in which they are located.
(Ord. 1445, eff. August 14, 2014; as amended by § 12, Ord. 1466, eff. March 24, 2016)
(a) Fences, walls and hedges may be located anywhere on a property in Residential (R) Zones up to a maximum height of seven (7) feet, except as noted herein:
(1) Within the front yard setback, they do not exceed three (3) feet in height for a distance of four (4) feet from the sidewalk or edge of pavement, to provide site distance for cars backing into the roadway from the driveway.
(2) One (1) foot of lattice may be added to any three (3) foot front yard fence provided that the lattice is at least fifty (50) percent open.
(3) Within the front yard setback, they do not exceed six (6) feet in height, if they are located behind the ten (10) foot setback in the front yard of an interior lot and at the fifteen (15) foot setback in the front yard on a corner lot. The height of the fence or wall should be reduced in height in increments between the ten (10) (or fifteen (15)) foot setback and the four (4) foot setback required by Subsection (1), above.
(4) On a corner lot, a fence, wall or hedge over three (3) feet in height, measured from the curb gutter grade, shall not be located in a triangular area measured twenty-five (25) feet along the inside face of the sidewalk in either direction from the sidewalk intersection. Where no sidewalk exists, the measurement shall be made along the right-of-way line.
(5) On a corner lot, if not exceeding six (6) feet in height and set back a minimum of ten (10) feet from the property line, they may be located along the street side yard. At such height, they may extend along the rear yard portion of the lot as well as the length of the house on the street side yard until they meet the triangular area described in Subsection (3), above.
(6) Atrium and courtyard walls located outside the required yards may exceed six (6) feet in height through approval of a Site Plan Review application.
(7) The Planning Director may modify the maximum heights of fences, walls, and hedges as set forth in this section, as long as it is found that the size, shape, topography, location of the site, or orientation of structures on adjacent properties justifies such modification, and the property where the fencing or landscaping is modified will not cause detriment to the surrounding neighborhood nor a safety hazard for the use of adjacent properties or roadways.
(b) Where trees are located within twenty (20) feet of intersected street lines, the main trunks of such trees shall be trimmed free of branches to a height of seven and one-half (7 1/2) feet above the curb grade.
(Ord. 1445, eff. August 14, 2014)
All applications that are accompanied with plans for lawn and landscaped areas shall comply with the provisions of Chapter 3 of this title, the Water Efficient Landscaping Ordinance.
(Ord. 1445, eff. August 14, 2014)
Loading...