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Auburn City Zoning Code

159 General

Regulations Sections 159.260-159.265

159.260 Property With Substandard Area Or Front Footage

Under no circumstance shall any existing right or privilege be denied to the development of any property which may be substandard in area or front footage and which existed on or before February 7, 1967.

(1973 Code, § 9-4.1701) (Ord. 558, eff. - -)

159.261 Public Utility Transmission And Distribution Lines

Public utility transmission lines, both overhead and underground, shall be permitted in all districts without the necessity of obtaining a use permit; provided, however, the routes of proposed electric transmission lines shall be submitted to the Commission for recommendation prior to the acquisition of rights-of-way therefor, and the height of the proposed electric transmission lines shall be regulated by the Public Utilities Commission of the state.

(1973 Code, § 9-4.1702) (Ord. 558, eff. - -)

159.262 Flag Lots

  1. The minimum access of flag lots to public streets or easements shall be 15 feet for single-family dwellings and 20 feet for 2-family dwellings.
  2. The street frontage requirements for the lots shall be as set forth in § 159.016.

(1973 Code, § 9-4.1703) (Ord. 558, eff. - -; Am. Ord. 636, eff. - -)

159.263 Projections Into Required Yards

Certain architectural features and structures may project into required yards as follows.

  1. Open, unenclosed, uncovered porches, platforms, decks, walks or landing places, which do not extend above the level of the first floor of the building and are more than 30 inches above grade, may extend into any required rear and/or side yard setback for a distance not more than ½ the otherwise required setback provided an administrative permit is first approved subject to the provisions of § 159.476; however, in no case shall said structure be closer than 3 feet from any side or rear property line. Further, any railing installed or constructed on any such platform, deck, walk or landing place shall not exceed 48 inches in height above deck level.
  2. Open, unenclosed, uncovered porches, platforms, decks, walks or landing places which do not extend above the first floor of the building and are 30 inches or less above grade, may extend into any required front, side or rear yard setback. The following regulations shall apply.
    1. Wood, concrete, masonry or other similar materials may be used.
    2. Compliance with the current Uniform Building Code and other construction standards adopted by the city shall be required.
    3. The porches, platforms, decks, walks or landing places which do not extend above the level of the first floor of the building and are 30 inches or less above grade shall not be used to calculate lot coverage.
  3. Patio covers, trellises, awnings, roofed porches and screened patio enclosures, may extend into any required rear and/or side yard setback for a distance not more than ½ the otherwise required setback provided an administrative permit is first approved subject to the provisions of § 159.476; however, in no case shall the structure be closer than 3 feet from any side or rear property line. The following regulations shall apply.
    1. Screened patio enclosures shall comply with the Uniform Building Code.
    2. Patio covers, trellises, awnings and roofed porches shall not be enclosed, walled or converted into any type of room. Except for the sides abutting the building, a minimum of 75% of the sides shall be open unenclosed.
  4. Additions to the single-family residential buildings in the R1, R-2 and R-3 zone districts may be permitted to extend no more than 5 feet into the required rear yard setback and/or no more than 2 feet into the required side yard setback for a single-story addition and no more than 4 feet 6 inches into the required side yard setback for a 2-story addition if the addition conforms with the same setback or has a greater setback than the existing dwelling provided an administrative permit is first approved subject to the provisions of § 159.476. This provision shall not apply to any portion of a residential building that was not legally constructed.

(1973 Code, § 9-4.1704) (Ord. 89-3, eff. 3-29-1989; Am. Ord. 92-15, eff. 8-26-1992; Am. Ord. 96-11, eff. 9-26-1996)

159.264 Fences

The following shall apply unless otherwise provided:

  1. A fence, wall, hedge, screen planting or other dividing structure placed, grown or maintained in any residential or commercial district not exceeding 3 feet in height may be permitted as follows:
    1. Within any required front yard;
    2. Within any required street side yard on a corner lot; and
    3. Except as provided in division (G) below and subject to the provisions of § 159.476.
  2. A fence, wall, hedge, screen planting or other dividing structure placed, grown or maintained in any residential or commercial district not exceeding 6 feet in height may be permitted as follows:
    1. Within any required rear yard;
    2. Within any required side yard outside of the required front yard;
    3. Except as provided in division (A)(1) and (2) above; and
    4. Except as provided in division (G) below and subject to the provisions of § 159.476.
  3. Wire mesh fencing shall be allowed in the required exterior yard of a public recreational or educational use area and, when enclosing public tennis, badminton, volleyball and similar facilities. The fencing may exceed the height limits for fences in this section.
  4. In the case of a fence located on a retaining wall, fence height shall be measured from the base of the fence where the fence and retaining wall meet.
  5. Electric fences are prohibited in every zone.
  6. No barbed wire or similar type of material shall be used in fences in any residential district.
  7. A fence may exceed the height limits and/or fence type standards of division (A) through (F) above provided an administrative permit is first approved subject to the provisions of § 159.476.

(1973 Code, § 9-4.1705) (Ord. 89-3, eff. 3-29-1989)

159.265 Distance Between Buildings

The required distance between 2 buildings on the same lot in the R-1, R-2 and R-3 zone districts may be reduced provided an administrative permit is first approved subject to the provisions of § 159.476.

(1973 Code, § 9-4.1706) (Ord. 96-11, eff. 9-26-1996)