Brookings City Zoning Code
CHAPTER 17
128 INTERPRETATIONS AND EXCEPTIONS
§ 17.128.010 General exceptions to the lot size requirements.
A discrete parcel having an area less than that required for the zoning district in which the property is located may nevertheless be occupied by any use allowed in the district, subject to compliance with all other requirements of the district, including all yard requirements. Substandard lots within a platted, recorded subdivision which have been consolidated for taxing purposes remain discrete parcels unless a legal planning process to combine the parcels has been completed.
(Ord. 89-O-446 § 1; Ord. 08-O-617 § 2)
§ 17.128.020 Exception to height regulations.
Height limitations set forth elsewhere in this code shall not apply to:
A.
Barns, silos, water towers and tanks, other farm buildings and structures, or outdoor theater screens, provided they are not less than 50 feet from every lot line.
B.
Chimneys, church spires, belfries, cupolas, domes, smokestacks, flagpoles, grain elevators, cooling towers, monuments, fire hose towers, masts, aerials, antennas, elevator shafts, and other similar projections; and these are subject to minimum setback requirements, excluding setbacks based on height.
In no case shall the height of structures listed above exceed one and one-half times the height limitation set forth in the applicable zoning district, except as exempted in BMC § 17.124.030.
(Ord. 89-O-446 § 1. Formerly 17.128.030; Ord. 08-O-617 § 2)
§ 17.128.030 Exception to yard requirements.
A.
Projections into Required Yards. Certain architectural features may project into required yards or courtyards as follows:
1.
Cornices, canopies, eaves, sills, or other similar architectural features, including bay windows if no floor area is involved, but these may not in any case extend more than 24 inches into any required yard area.
2.
Fire escapes, open uncovered porches, balconies, decks, landing places, or outside stair-ways may not in any case extend more than 24 inches into any required side or rear yards, and not exceed six feet into any required front yard.
3.
In the case of dwellings existing on the effective date of adoption of this code and which have a front yard setback at or less than that required by the applicable zoning district regulation, an enclosed covered entry porch may project into the required front yard not exceeding six feet and the enclosed porch may not exceed 36 square feet in area.
4.
Any open porches, patios, stoops or decks not exceeding 30 inches in height may extend to within 18 inches of any lot line.
5.
Fences, walls and hedges may be located within required yards up to the property line, except that such sight-obscuring fences, walls or hedges within a vision clearance area pursuant to BMC § 17.128.040 shall not exceed three feet in height measured from the top of curb, or street centerline grade, whichever shall be lower.
B.
Exceptions to Front Yard Requirements. If there are dwellings on both abutting lots with front yards less than the required depth for the district, the front yard for the subject lot need not exceed the average front yard of the abutting dwellings.
(Ord. 89-O-446 § 1. Formerly 17.128.040; Ord. 89-O-454 § 1; Ord. 08-O-617 § 2)
§ 17.128.040 Vision obstruction and vision clearance area.
A.
Nothing in this code shall be deemed to permit a sight obstruction within any required yard area along any street or at a street or alley intersection interfering with the view of operators of motor vehicles or pedestrians on streets or alleys to such an extent as to constitute a traffic hazard. Violations of these requirements will be subject to Chapter 17.160 BMC, Enforcement and Penalties.
B.
Vision clearance areas shall be located on the corners of properties abutting the intersections of two or more streets and intersections of streets with alleys. A vision clearance area shall consist of a triangular area measured from the corner of the intersecting property lines for a distance specified in this regulation. The third side of the triangle is a line across the corner of the lot joining the nonintersecting ends of the other two sides. The following are minimum distances establishing the two sides of the triangle:
1.
In a residential district the distance shall be 20 feet along each property line from the point of intersection of two or more streets. For the intersection of a street and an alley, measure 10 feet along the property line adjacent to both the street and alley.
2.
In all commercial and industrial zones where yards are required, the distance shall be 15 feet along each property line from the point of intersection of two or more streets. At the intersection of a street and an alley, measure 10 feet along the property line adjacent to both the street and alley.
C.
A vision clearance area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb, or street centerline grade, whichever shall be lower. Trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above grade.
(Ord. 89-O-446 § 1. Formerly 17.128.050; Ord. 08-O-617 § 2)
§ 17.128.050 Access.
Except as permitted by other provisions of this code, no lot shall contain any building used in whole or in part for residential purposes unless said lot abuts a street, dedicated and improved as a public right-of-way, other than an alley, or an accepted private street, for a distance of at least 20 feet. Residential development is permitted on dedicated but unimproved streets; provided, that the applicant has signed and recorded a deferred improvement agreement. On all lots created after the date of this amendment, the frontage street is the street providing access to the lot or parcel. The lot or parcel must be addressed to that street. The site plan committee may require that driveway construction be completed and approved by the city prior to the recordation of a subdivision or partition plat. Secondary access may be allowed but cannot replace the primary access from the frontage street.
(Ord. 89-O-446 § 1. Formerly 17.128.060; Ord. 91-O-446.F § 2; Ord. 08-O-617 § 2)
§ 17.128.060 Authorization of similar uses.
The site plan committee may make a determination that a use not specifically named in the allowed uses of a district shall be authorized if the use is of the same general type.
(Ord. 89-O-446 § 1. Formerly 17.128.070; Ord. 08-O-617 § 2)
§ 17.128.070 Existing land restrictions.
It is not intended by this code to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this code imposes a greater restriction the provisions of this code shall govern. The city has no obligation to identify, investigate, or enforce any such covenants, conditions, or restrictions (CC&Rs).
(Ord. 89-O-446 § 1. Formerly 17.128.090; Ord. 08-O-617 § 2)
