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Clarkston City Zoning Code

CHAPTER 9

OTHER BUILDING AND CONSTRUCTION REGULATION

10-9-1: EFFECT OF CHAPTER:

The regulations hereinafter set forth in this chapter supplement the zoning regulations appearing elsewhere in this title. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-2: LOTS IN SEPARATE OWNERSHIP:

Any single lot or parcel or land which was under a separate ownership from adjacent lots and of record on January 7, 2002, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized for a single-family dwelling, accessory buildings and uses, a private garage, and agriculture related buildings if all other requirements of this title are met. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-3: YARD SPACE FOR ONE BUILDING ONLY:

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-4: EVERY DWELLING TO BE ON A LOT:

Every dwelling shall be located and maintained on a "lot", as defined in section 10-1-6 of this title. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-5: SEPARATELY OWNED LOTS; REDUCED YARDS:

In any lot under a separate ownership from adjacent lots and of record on January 7, 2002, and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which is not less than the same percentage of the width of the lot as the required side yard would be of the required lot width; provided, that on interior lots, the smaller of the two (2) yards shall be in no case less than five feet (5'), or the larger less than eight feet (8'), and for corner lots the side yard on the side street shall in no case be less than fifteen feet (15'), or the other side yard be less than five feet (5'). (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-6: PRIVATE GARAGE WITH SIDE YARD; REDUCED YARDS:

On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this title, has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard, and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced fifteen feet (15'), provided the garage also has a rear yard of at least fifteen feet (15'). (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-7: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:

Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, roof overhangs, chimneys, flues, and other ornamental features which project into a yard not more than four feet (4') and open or lattice enclosed fire escapes, fireproof outside stairways and balconies upon fire towers projecting into a yard not more than five feet (5'). (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-8: AREA OF ACCESSORY BUILDINGS:

No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard, except as allowed by a conditional use permit. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-9: EXCEPTIONS TO HEIGHT LIMITATIONS:

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and parapet walls, skylights, towers, steeples, flagpoles, chimneys, smoke stacks, water tanks, wireless or television masts, silos or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-10: MINIMUM HEIGHT OF MAIN BUILDING:

No dwelling shall be erected to a height less than one story above grade. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-11: CLEAR VIEW OF INTERSECTING STREETS:

In all zones which require a front yard, no obstruction to view in excess of two feet (2') in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points of forty feet (40') from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-12: SALE OR LEASE OF REQUIRED SPACE; RESTRICTED LOTS:

   A.   A restricted lot which meets all the requirements of this title for a lot, but the creation of which has caused an adjacent lot from which it was severed to be insufficient in area, width, yard, frontage or other requirements, may be considered otherwise by adding or designating sufficient acreage to the adjacent lot to meet all the requirements of this title for a lot in the zone in which it is located. The added or designated land must then be duly recorded in the office of the county recorder, before a building permit may be issued.
   B.   Building permits will not be issued on restricted lots. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-13: COVERAGE REGULATIONS:

In no zone shall a building or group of buildings with their accessory buildings cover more than sixty percent (60%) of the area of the lot, except as allowed by a conditional use permit. (Ord. 01-04, 1-7-2002; amd. Ord. 19-02, 5-7-2019)

10-9-14: TRASH AND DEBRIS CONTROL:

Every construction site shall have a means of containing construction debris and waste (dumpster).
   A.    It shall be the responsibility of the general contractor or individual obtaining the building permit to provide a dumpster on the construction site for trash and debris control.
   B.    Where a contractor or individual obtaining a building permit has more than one structure under construction on adjacent properties dumpsters for trash and debris control may be so located as to service adjoining lots or construction sites.
   C.    Dumpster facilities are prohibited from being located within the public right-of-way.
   D.   Dumpsters shall not be located:
      1.    Within the sight triangle forty (40) feet of an intersection of two (2) streets;
      2.     Within ten (10) feet of a fire hydrant or in such a manner as to block view or access;
      3.    Within ten (10) feet of a public or private driveway or its approach;
      4.     In such a way as to be an obstruction to a public works project;
      5.    On a sidewalk;
      6.    So as to block a U.S. postal box or any other type of mail box;
      7.     Within thirty (30) feet of the approach to any flashing signal, stop sign, yield sign, regulatory sign, or traffic control signal located at the side of the roadway; or
      8.    In such a manner as to constitute a hazard or obstruction to the normal movement of traffic or the public.
   E.   Any dumpster which is declared a nuisance, or does not comply with section 10-9-14 -(4), may be cited in accordance with 1-4-1-D2. (Ord. 19-02, 5-7-2019)

10-9-15: TOILET FACILITIES FOR WORKERS:

Toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition.
   A.    On every construction site that does not have functional, permanently plumbed facilities available to the workers portable chemical toilet facility(s) shall be provided.
   B.   The number of facilities to be provided for each sex shall be based upon the number of employees of that sex for whom the facilities are furnished and shall be in accordance with the following table. Where single-occupancy toilet rooms have more than one toilet facility, only one such facility in each toilet room shall be counted for the purpose of this table.
MINIMUM NUMBER OF TOILET FACILITIES
Number of Employees
Minimum number of toilet facilities
MINIMUM NUMBER OF TOILET FACILITIES
Number of Employees
Minimum number of toilet facilities
If serviced once per week*
1-10
1
11-20
2
21-30
3
Over 30
1 additional facility for each 10 additional employees
If serviced more than once per week*
1-15
1
16-35
2
36-55
3
Over 55
1 additional facility for each 20 additional employees
 
   C.   It shall be the responsibility of the general contractor or individual obtaining the building permit to provide toilet facilities sufficient for the total number of workers on a construction site.
   D.   It shall be the responsibility of the employer to insure that all toilet rooms and facilities are maintained in a clean and sanitary condition. If toilet facilities are of the type that require periodic servicing, it shall be the responsibility of the contractor or individual obtaining the permit to provide sufficient servicing of the facilities and shall also assure ready access to the toilet facilities by the required servicing equipment.
   E.    Toilet facilities for construction sites shall not be located within an existing or proposed public right-of-way.
   F.   Where a contractor or individual obtaining a building permit has more than one structure under construction on adjacent properties toilet facilities may be so located as to service multiple construction sites. The total number of workers on all of the construction sites shall determine the number of facilities.
   G.    The requirements of subsections 2. through 7. above do not apply to mobile crews or to normally unattended work locations so long as employees working at these locations have transportation immediately available to toilet facilities that meet the other requirements of this section. The determination of whether work crews are mobile is dependent upon factors such as worksite, distance to toilet facility. (Ord. 19-02, 5-7-2019)