The regulations specified in this title shall be subject to the following interpretations and exceptions.

(Ord. 55 § 16.00, 1980)

Where any provision of this title imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern.

(Ord. 55 § 16.01, 1980)

The express enumeration and authorization in this title of a peculiar class of building, structure, premises, or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more restrictive classification, except as otherwise specified.

(Ord. 55 § 16.02, 1980)

Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those mentioned and are in the opinion of the planning commission and city council, as evidenced by a resolution in writing, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones.

Public utility distribution and transmission lines, both overhead and underground, shall be allowed in any district without limitation as to height and without the necessity of first obtaining a use permit; provided, however, that the routes of the proposed electric transmission lines shall be submitted to the planning commission for recommendation prior to acquisition of right-of-way therefor.

(Ord. 55 § 16.03, 1980)

Uses other than those specifically mentioned in this title as uses excluded from any zone may be excluded therefrom provided such uses are in the opinion of the planning commission and city council, as evidenced by a resolution in writing, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone.

(Ord. 55 § 16.04, 1980)

The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of the ordinance codified in this title:

A.

Any such nonconforming building or structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such building or structure except as permitted in other sections of this title.

B.

Any such nonconforming use may be maintained and continued provided there is no increase or enlargement of the area, space, or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title.

C.

Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.

D.

Any part of a building, structure, or land occupied by such a nonconforming use, while use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building structure or land occupied by such a nonconforming use, which use is discontinued for a period of one year or more, shall not again be used or occupied for a nonconforming use.

E.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification.

F.

Every nonconforming use of land (where no main building is involved) existing at the time the ordinance codified in this title becomes effective shall be discontinued within one year from the effective date of said ordinance.

G.

Refer to Chapter 15.16 regarding signs.

H.

The foregoing provisions of this section shall also apply to buildings, structures, land, or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title, provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures, or uses, such period shall be computed from the date of such reclassification or change.

I.

The foregoing provisions of this section shall not apply so as to prevent the modernization or replacement of public utility buildings, structures, equipment, and facilities where there is no change of use or increase in area of property so used.

(Ord. 55 § 16.05, 1980)

Any building or structure, for which a building permit has been issued prior to the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications, and permits on which such building permit was granted, if construction is commenced within sixty (60) days after the issuance of the permit and diligently prosecuted to completion.

(Ord. 55 § 16.06, 1980)

Nothing in this title shall prevent the reconstruction, repairing, or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion, or acts of God, subsequent to the effective date of the ordinance codified in this title wherein the expense of such construction does not exceed one hundred (100) percent of replacement value of the building or structure at the. time such damage occurred. All such reconstruction shall be performed under one building permit started within a period of one year from date of damage and diligently prosecuted to completion. The provisions of this section shall not apply to public utility buildings and structures.

(Ord. 55 § 16.07, 1980)

The provisions of this title shall apply to uses which become nonconforming by reason of any amendment to this title, as of the effective date of such amendment.

(Ord. 55 § 16.08, 1980)

Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street.

(Ord. 55 § 16.09, 1980)

No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment; towers, steeples, roof signs, or other structures shall exceed the height limit provided in this title. Radio and television masts, flagpoles, chimneys, and smokestacks may extend not more than thirty (30) feet above the height limit provided in this title, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

(Ord. 55 § 16.10, 1980)

Where a dwelling is located, placed, or erected above another type of use in zones other than R-1, R-2, R-3, or R-4 zones, the rear and side yards for the floors occupied for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 55 § 16.11, 1980)

The following regulation shall apply to the location -of accessory buildings unless otherwise provided in this title.

A.

No detached accessory building in the R-1, R-2, R-3, or R-4 zone may exceed two stories or thirty (30) feet in height.

B.

No detached accessory buildings in the R-1, R-2, R-3, or R-4 zones shall be located at a distance less than sixty (60) percent of the depth of the lot from the front property line, or ninety (90) feet, whichever is less.

C.

On a corner lot, no detached accessory buildings in the R-1, R-2, R-3, or R-4 zones shall be located at a distance less than ten (10) feet from the side street line.

D.

No accessory buildings in the R-1, R-2, R-3, or R-4 zones; if two stories in height, shall be located nearer than five feet to any interior property line.

E.

No accessory buildings on the rear twenty-five (25) feet of a reversed corner lot in the R-1, R-2, R-3, or R-4 zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.

F.

A private garage of not to exceed six hundred (600) square feet may be a part of the main building if the garage and the main building have a common wall of not less than five feet in length, or if not more than six feet from the main building, and connected thereto by a roof of not less than five feet in width. Such attached garage may extend into the required rear yard for a distance of not more than fifteen (15) feet.

(Ord. 99 § 10, 1991; Ord. 55 § 16.12, 1980)

Notwithstanding any other provisions of this title, where a lot in the R-1 zone has an area of twelve thousand (12,000) square feet or more and with adequate provisions for ingress and egress, a special use permit may be granted by the planning commission for the construction of additional one-family dwellings and allowable accessory buildings, however, the minimum site area shall be six thousand (6,000) square feet of lot area per each one-family dwelling. Notwithstanding any other provisions of this title, where a lot in the R-2 zone has an area of nine thousand (9,000) square feet or more and with adequate provisions for ingress and egress, a special use, permit may be granted for the construction of additional family dwelling units and allowable accessory buildings, however, the minimum site area shall be three thousand (3,000) square feet of lot area per each family dwelling unit.

The procedure of filing of applications, filing fees, investigation, notices, public hearings, and findings shall be the same as herein provided for variances.

(Ord. 55 § 16.13, 1980)

On through lots either line separating such lot from a public thoroughfare may be designated by owner as the front lot line. In such cases the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum yard shall conform to the front yard setback for the zone in which the property is located.

(Ord. 55 § 16.14, 1980)

Where yards are required in this title, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A.

Cornices, canopies, carports, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required front, side, or rear yard not to exceed two feet.

B.

Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard designated set back not more than two feet; provided, however, that an open work railing must be a minimum of thirty-six (36) inches installed or constructed on any such porch, platform or landing place.

C.

Detached accessory buildings may occupy side and rear yards as provided in Section 17.60.130 of this title.

(Ord. 121, 1996; Ord. 55 § 16.15, 1980)

A.

In the R-1, R-2, R-3, and R-4 zones no fence, wall, or hedge located in the rear or side yards shall exceed a height of six feet.

B.

In the R-1, R-2, R-3, and R-4 zones no fence, wall, or hedge located in the required front yard shall exceed a height of four feet.

C.

In the R-1, R-2, R-3, and R-4 zones no fence, wall, or hedge located along the street side or within ten (10) feet of the rear line of a reverse corner lot between the street and the established setback line on the key lot, to the rear, shall exceed a height of four feet.

D.

In the R-1, R-2, R-3, and R-4 zones no barbed wire shall be used or maintained in or about the construction of a fence, wall, or hedge along the front side, or rear lines of any lot, or within three feet of said lines, and no sharp wire or points shall project at the top of any fence or wall less than six feet in height.

E.

The provisions of subsections (A), (B), (C), and (D) of this section shall not apply to fences required by law to surround and enclose public utility installations.

(Ord. 55 § 16.16, 1980)

Rummage sales and flea markets may be held in any given location or sponsored by a particular person or group for not more than five days in any calendar year.

(Ord. 123 § 3, 1996)

It is unlawful and a misdemeanor to obstruct or cause to be obstructed any part of, or any public use of any public street, highway, avenue, sidewalk, crosswalk or bridge to the extent that it creates any possible threat to health or safety or any violation of the Americans with Disabilities Act.

(Ord. 123 § 4, 1996)