The provisions of this chapter shall be known as the GENERAL REGULATIONS. The purpose of these provisions is to set forth and clarify certain of the regulations which apply throughout the City or in several zoning districts. (Ord. 1691 §1(part), 1982)

   A.   Building And Sign Permits: Whenever any building permit or sign permit has been issued or applied for prior to the effective date of this title and the proposed uses or change would not conform to this title, such uses may nevertheless be developed or changed to the extent authorized by the permit. If said permit expires, it shall not be renewed. Such uses shall be deemed nonconforming uses, and shall be subject to the nonconforming use regulations commencing at section 17.06.905 of this chapter.

   B.   Special Use Permits, Variances, And Other Zoning Approvals: Except as otherwise provided, whenever any special use permit, variance, or other zoning approval has been granted or applied for prior to the effective date of this title and the proposed or affected uses or change would not or do not conform to this title, such uses may nevertheless be developed or changed, and continued or maintained to the extent authorized by the zoning approval. (Ord. 1691 §1(part), 1982)

All applications required by this title shall be notarized and filed with the Planning Director or designee unless otherwise indicated. Application may be made by any owner of property as defined in this chapter. Properly completed applications will be formally accepted by the Planning Director or designee within ten (10) days of filing. (Ord. 3674 §6, 2021: Ord. 3127 §10, 2003: Ord. 3064 §12, 2002: Ord. 1691 §1(part), 1982)

Wherever it is found, after applying the rules set forth in section 17.06.030 of this chapter for interpretation of zoning district boundaries, that any lot is divided by a boundary between zoning districts, the provisions of the zoning ordinance shall apply as follows to such lots:

   A.   Lots Under Single Ownership: If a district boundary line cuts a lot having a single ownership as of record at the time of adoption of this chapter, in such a manner that the lot so cut shall have one or more parcels of different classification, then each such parcel having an area of less than five thousand five hundred (5,500) square feet or an average width of less than fifty feet (50') may take the same classification as the adjoining larger parcel of the same ownership.

   B.   Application Of Regulations Where Subsection A Is Inoperative: Wherever the provisions of subsection A of this section do not apply or the option provided therein is not exercised:

      1.   No use may be permitted on any portion of the lot located in a zoning district where such use is not generally permitted except for the accessory uses: accessory landscaping, fences, screening or retaining walls which may be located on the lot without regard for zoning district boundaries;

      2.   The maximum permitted number of living units, if any, on the lot shall be a sum calculated on the basis of the amount of lot area and the density applying in each zoning district; however, building construction must be in accordance with the zoning boundary;

      3.   The minimum lot area, width, and frontage requirements of the zoning district which covers the greater or greatest portion of the lots shall apply to the entire lot;

      4.   All regulation topics not covered in this section and which may vary from zoning district to zoning district shall be applied separately to that portion of the lot applicable within each zoning district. (Ord. 1691 §1(part), 1982)

No land shall be improved or used for any use which is not permitted or specially permitted in the applicable zone regulations, except as otherwise provided in this Code. (Ord. 1691 §1(part), 1982)

   A.   Gated residential developments/communities are prohibited unless approved as part of a PUD.

   B.   Recreational vehicles are prohibited as temporary dwelling units during construction.

   C.   Boats, trailers, RVs and other such instrumentalities are not considered places of permanent habitation within the City. Residing in such is only allowed in a lawfully established RV park or as otherwise permitted by this Code. (Ord. 3600, 2018)

The boundaries between zoning districts and the boundaries and other features of the zoning map shall be interpreted specifically as shown on the maps and associated ordinances. Should any uncertainty remain in regards to the location or meaning of a boundary or other feature, the location or meaning shall be determined by the Planning Director. Such interpretation shall be subject to appeal pursuant to the administrative appeal procedure at chapter 17.09, article VIII of this title. (Ord. 3127 §11, 2003: Ord. 3064 §13, 2002: Ord. 1691 §1(part), 1982)

   A.   Prohibitions; Compliance: The following is prohibited on individual residential lots or single commercial lots.

      1.   Filling in and raising the grade (natural grade) of a lot. The finished grade must be equal to or within one foot (1') of the natural grade of the lot. However, filling can be done on lower lots so long as the finished grade is not greater than the adjoining lots.

      2.   Berming up and building retaining walls at the back of a sidewalk that is not at the natural grade prior to development activity.

      3.   These prohibitions do not apply to projects over one and one-half (11/2) acres or master planned communities where grading and contouring is done in a methodical manner to benefit the project and does not negatively impact adjacent properties, and as approved by the Planning Commission with a project request.

      4.   Hillside lots shall comply with the allowable disturbed area requirements.

   B.   Duty Of Applicant: Natural grade elevation must be established by the applicant at time of obtaining a building permit and noted on the site plan or plan set. (Ord. 3600, 2018)

No lot shall have an area or lot dimension less than as prescribed in the applicable zoning district, except as specified in sections 17.06.115 and 17.06.120 of this chapter. (Ord. 1691 §1(part), 1982)

No lot shall be created with, nor shall any lot be reduced to result in, a dimension less than the minimum dimensions prescribed in the applicable zoning district. (Ord. 1691 §1(part), 1982)

   A.   Exceptions For Existing Lots: Notwithstanding the minimum lot area and lot dimension requirements prescribed in the applicable zoning district, any parcel of contiguous land which does not meet such requirements may be developed as a lot for a single-family residence in any zoning district where such use is allowed, if on the effective date of this title that parcel existed lawfully under the previous zoning controls.

   B.   Restrictions On Existing Lots: Existing lots which have an area or dimension less than the minimum required shall not be reduced in area or the respective lot dimension. (Ord. 1691 §1(part), 1982)

Every lot shall have a minimum street frontage as prescribed in the applicable zoning district, except:

   A.   Existing Legal Lots: Lots smaller than minimum size with less than the required minimum street frontage dimension, which are existing legal lots at the time of the effective date of this section, are automatically authorized as legal lots.

   B.   Cul-De-Sac And Knuckle Lots: The minimum street frontage requirement for cul-de-sac and knuckle lots shall be twenty six feet (26') measured at the curb line. Provided however, that in no event will the lot be narrower than forty feet (40') at the front setback line for the lot.

   C.   Approved Pursuant To The Normal Subdivision Procedure: Lots approved pursuant to the normal subdivision procedure with less than the required street frontage dimension are authorized as legal lots. (Ord. 3248 §1, 2006: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §16, 2000)

(Rep. by Ord. 2995 §17, 2000)

(Rep. by Ord. 2995 §18, 2000)

No building, sign, or structure shall exceed the maximum height prescribed in the applicable zoning districts, or in title 15, chapter 15.24 of this Code. (Ord. 1691 §1(part), 1982)

No structure shall have a height in feet greater than that prescribed by the applicable zoning district. (Ord. 1691 §1(part), 1982)

On lots in the residential zoning districts located downhill from the street and having a twenty five percent (25%) or greater grade measured perpendicular to the center of the lot frontage, an additional story, not to exceed twelve and one- half feet (121/2'), may be constructed on the principal structure; provided, that the ceiling of the lowest story shall be not more than two feet (2') above the curb level measured at the center of the lot frontage. (Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3600, 2018)

   A.   Structures Extending Above Building: Projections above any building including flush mount skylights, spires, flagpoles, chimneys, radio or television aerials, masts or antennas, and similar projections may extend not more than fifteen feet (15') above the maximum height prescribed for the building provided such projections cover, in the aggregate, no more than ten percent (10%) of the horizontal area of the building except as provided below.

   B.   Trees: Trees may project without limit above any maximum height.

   C.   Sign Spires: Spires and similar features of signs may extend above the maximum height only when and as allowed by the sign regulations, title 15, chapter 15.24 of this Code.

   D.   Radio Or Television Towers, Aerials, Masts Or Antennas: The height of these structures may exceed the maximum established herein when used as an accessory to a communication service activity that requires a special use permit pursuant to section 17.09.205 of this title. The actual height maximum of these structures shall be set as a condition of the aforementioned special use permit. (Ord. 3600, 2018: Ord. 2507 §1, 1993: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3299 §13, 2007)

No lot shall have either a setback for a front yard, side yard or rear yard or any space between, which is less than as prescribed in the applicable zoning district. (Ord. 1691 §1(part), 1982)

The setback measurement shall be measured to the wall of the structure.

   A.   Front setbacks: Shall be measured from the closest point on the property line, the back of sidewalk, or ten feet (10') from the back of the curb, whichever is the greater setback.

   B.   Side street setbacks: Shall be measured from the closest point on the property line, the back of sidewalk, or ten feet (10') from the back of the curb, whichever is the greater setback.

   C.   Side and rear setbacks: Shall be measured from the closest point on the property line to the wall of the structure. (Ord. 3600, 2018)

In any residential zoning district where lots comprising fifty percent (50%) or more of the block frontage are developed with a front yard greater than that prescribed by the applicable zoning district, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage. Existing front yards of more than fifty feet (50') shall be counted as fifty feet (50') in calculating the average. (Ord. 1691 §1(part), 1982)

Setbacks for accessory structures located in the rear twenty five feet (25') of a lot:

   A.   Side Yard: All accessory structures shall be set back from the side lot line at least five feet (5').

      1.   However, an accessory structure may be set back three feet (3') from the side property line provided the roof does not slope toward the side property line.

      2.   A detached accessory structure may encroach up to three feet (3') beyond the twenty five foot (25') rear yard and still maintain the above mentioned requirement, provided the height of the detached structure does not exceed eighteen feet

   B.   Rear Yard: All accessory structures shall be set back from the rear lot line at least five feet (5').

      1.   However, an accessory structure may be set back three feet (3') from the rear property line, provided the roof does not slope toward the rear property line.

      2.   Lots with an alley in the rear of the lot may have an accessory structure that can be setback three feet (3') from the rear property line regardless of how the roof is sloped.

      3.   A detached accessory structure may encroach up to three feet (3') beyond the twenty five foot (25') rear yard and still maintain the above mentioned requirements, provided the height of the detached structure does not exceed eighteen feet (18'). (Ord. 3600, 2018)

On corner lots or reversed corner lots, the side yard abutting the street shall not be less than two (2) times the interior side yard requirement of the applicable zoning district, the side yard abutting the street shall not be less than ten feet (10') in residential districts or on residentially used property. (Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3194 §1, 2004)

Garages or carports that are directly accessed to the street shall be set back twenty feet (20') from the property line or public sidewalk located on the lot, whichever provides the greater setback. (Ord. 3081 §1, 2002: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2850 §1, 1998)

(Rep. by Ord. 3288 §64, 2007)

Whenever one lot abuts a residential zone, the abutting lot shall have yards equal to the following minimums: front yards, ten feet (10'); side and rear yards, ten feet (10'). (Ord. 2420 §2, 1992: Ord. 2314 §4, 1990: Ord. 1691 §1(part), 1982)

In all zoning districts, wherever a rear lot line abuts a permanent, unoccupied and unobstructed public or private open space area not including rights-of-way, which has a minimum depth beyond the rear lot line of thirty feet (30'), the required rear yard dimension prescribed in the applicable zoning district may be reduced by one-half (1/2); provided that under no circumstances may the rear yard be less than twelve feet (12'). (Ord. 3600, 2018)

(Rep. by Ord. 3288 §65, 2007)

   A.   Extensions Into Front Yards: Where any front yard is required, no building shall hereafter be erected nor shall any addition be made to any existing building that projects into the minimum required front yard; subject to the following exceptions:

      1.   Eaves, cornices, belt courses, and similar ornamentation may project over a front yard not more than two feet (2').

      2.   Open porches, covered unenclosed one-story porches over a first floor entry, platforms, or terraces, the floors of which are not higher than the first floor of the building, may extend into the front yard ten feet (10') but not closer than ten feet (10') to the front property line. Steps may connect such porches, platforms or terraces to the surface of the front yard.

      3.   Chimneys may extend into a front yard a distance of not more than twenty four inches (24").

      4.   Structures completely below natural grade may extend into the front yard not more than one-half (1/2) the distance of the normal requirement.

      5.   Egress window wells below grade may extend into the front yard not more than three feet (3').

   B.   Extensions Into Side Yards: When any side yard is required, no building shall be hereafter erected nor shall any addition be made to an existing building that projects into the minimum required side yard, subject to the following exceptions:

      1.   Eaves, cornices, belt courses, private noncommercial greenhouses, and similar ornamentation may extend into a side yard for a distance of not more than two feet (2').

      2.   Platforms, terraces, and steps, not over forty two inches (42") in height may be extended into a side yard not more than two feet (2').

      3.   Chimneys may extend into a side yard a distance of not more than twenty four inches (24").

      4.   Structures completely below natural grade may extend into the side yard not more than one-half (1/2) the distance of the normal requirement.

      5.   Egress window wells below grade may extend into the side yard not more than three feet (3') and be no closer than two feet (2') from the side property line.

   C.   Extensions Into Rear Yards: When a rear yard is required, no building shall be hereafter erected nor shall any addition be made to any existing building that projects into the minimum required rear yard, subject to the following exceptions:

      1.   The usual accessory buildings commonly appurtenant to the principal structure erected on the lot, such as private storage garages, fuel storage sheds, private, noncommercial greenhouses, or a child's playhouse may be erected within a rear yard. Greenhouses, when attached to the principal structure, may extend into the required rear yard to within ten feet (10') of the rear property line.

      2.   Eaves, cornices, steps, platforms, terraces, and open porches may extend into a rear yard to within ten feet (10') of the rear property line.

      3.   Chimneys may extend into a rear yard a distance of not more than twenty four inches (24").

      4.   Structures completely below grade may extend into the rear yard not more than one-half (1/2) the distance of the normal requirement.

      5.   Egress window wells below grade may extend into the rear yard not more than three feet (3'). (Ord. 3600, 2018)

The provisions of this article shall be known as the ACCESS REGULATIONS. The purposes of these provisions are to ensure that adequate vehicular access is provided to required off street parking and loading facilities, that adequate pedestrian access is provided to buildings, and that such access meets City minimum design requirements to promote the safety of pedestrians, drivers and vehicles. (Ord. 1691 §1(part), 1982)

There shall be adequate vehicular access to off street parking and loading facilities on all properties requiring off street parking and/or loading. (Ord. 1691 §1(part), 1982)

There shall be adequate pedestrian access to property used for residential, commercial and manufacturing uses. (Ord. 1691 §1(part), 1982)

If required vehicular access is by way of a driveway parallel with a side lot line, the driveway shall be considered an adequate accessway for both pedestrian and vehicular access. (Ord. 1691 §1(part), 1982)

The design of required accessways in all zoning districts shall be in accordance with the following provisions:

   A.   The City Engineer or engineer's designee shall specify the location and number of accessways to property by conditions established at the time of project review of the required site plan, and

   B.   The design of the required accessways shall be approved by the City Engineer or engineer's designee. (Ord. 2934 §49, 1999: Ord. 1691 §1(part), 1982)

Vehicular accessways within mobile home parks shall be designed and paved to a width as specified by the Planning Department. (Ord. 3127, 2003: Ord. 2934 §50, 1999: Ord. 1691 §1(part), 1982)

The provisions of this article shall be known as the ACCESSORY USE REGULATIONS. The purpose of these provisions is to establish the relationship among principal and accessory uses and the criteria for regulating accessory uses. (Ord. 1691 §1(part), 1982)

In addition to the principal use expressly included in an activity group and permitted in a zoning district, each activity group shall be deemed to include such accessory uses as are appropriate, incidental, and subordinate to, such a principal use. Such accessory uses shall be located on the same lot as such principal use except as otherwise provided in section 17.06.635 of this chapter, and shall meet the criteria established in section 17.06.630 of this chapter. (Ord. 1691 §1(part), 1982)

   A.   Subject to subsection B of this section, a structure shall be considered to be accessory to and shall not be subject to the same site performance standards as the principal structure on the same lot if one or more of the following conditions applies:

      1.   The structure is detached and separated from the principal structure by six feet (6') or more.

      2.   The structure is attached to the principal structure by a breezeway roof with an intervening space of five feet (5') or more, and the space is open on at least two (2) sides.

      3.   The structure is a private storage garage, fuel storage shed, private noncommercial greenhouse, or a child's playhouse, per subsection 17.06.495C1 of this chapter.

   B.   A structure shall not be considered to be accessory and shall be subject to the same site performance standards as a principal structure on the same lot if one or more of the following conditions apply:

      1.   The structure is part of or joined to the principal structure by a common wall, or is not separated by more than six feet (6').

      2.   The structure has sleeping or living accommodations, in which case the structure must comply with the requirements for an accessory dwelling unit. (Ord. 3639, 2019)

Accessory uses as defined in section 17.06.630 of this chapter include, but are not limited to, those indicated below:

   A.   Off Street Parking And Loading Facilities: Off street parking and loading facilities serving a principal residential or nonresidential use, whether located on the same lot or on another lot, but only if reserved for the residents, employees, patrons, or other persons participating in the principal use.

   B.   Open Areas And Swimming Pools: Open areas developed for passive or active recreation, located on the same lot as a principal use.

   C.   Storage And Service Areas And Buildings: Storage and service areas and accessory buildings, other than those listed elsewhere in this section, if serving a principal use on the same lot.

   D.   Certain Living Quarters: Living quarters in connection with a principal nonresidential use on the same lot, but only if the residents are required to remain on the premises for employment, protective, conference, or comparable technical purposes, including, but not limited to, caretakers and watchmen. This also applies to such living quarters located in accessory dwelling units.

   E.   Temporary Construction Yards: Temporary construction yards and similar facilities which are necessary and incidental to the development of the same lot, or on another of several lots being developed at the same time.

   F.   Temporary Real Estate Office: A temporary real estate office which is necessary and incidental to, and located on the site of, a subdivision.

   G.   Home Occupations: Home occupations, as subject to the home occupation regulations set forth in article VIII of this chapter. (Ord. 3639, 2019)

All accessory structures other than accessory dwelling units and caretaker's units shall be subject to the height regulations specified in article IV of this chapter and to the spacing and setback regulations specified in article V of this chapter. (Ord. 3639, 2019)

   A.   Purpose: The purpose of allowing ADUs is to:

      1.   Provide homeowners with a means of obtaining, through tenants in either the ADU or the principal unit, rental income, companionship, security, and services.

      2.   Add affordable units to the existing housing.

      3.   Make housing units available to moderate income people who might otherwise have difficulty finding homes within the City.

      4.   Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle.

      5.   Protect neighborhood stability, property values, and the single-family residential appearance of the neighborhood by ensuring that ADUs are installed under the conditions of this chapter.

   B.   Applicability: Accessory dwelling units are permitted within all Residential and Commercial Zoning Districts, subject to the provisions of this Code. (Ord. 3639, 2019)

   A.   Maximum Building Height: Maximum building heights for ADUs are:

      1.   Thirty two feet (32') when built within the building envelope for the principal structure.

      2.   One story ADU structure: Eighteen feet (18') when built in the rear yard.

      3.   ADU above a detached garage: Twenty four feet (24') when built in the rear yard over a garage and must meet the second story step back requirement as provided in subsection M of this section.

      4.   Railing, parapets, equipment, and other similar structures/fixtures/architectural elements are included in the maximum height.

   B.   Setbacks: Setbacks for ADUs are:

      1.   Setbacks for ADUs in the principal building envelope are:

         a.   Front: The front yard requirement shall be twenty feet (20').

         b.   Side, Interior: The interior side yard requirement shall be five feet (5'). If there is no alley or other legal access behind a lot, each lot shall have at least one side yard of ten feet (10') minimum.

         c.   Side, Street: The street side yard requirement shall be ten feet (10').

         d.   Rear: The rear yard shall be twenty five feet (25') from the rear property line.

      2.   Setbacks for ADUs located in the rear twenty five feet (25') of a lot:

         a.   Side Yard: Shall be at least five feet (5') from the side lot line.

         b.   Rear Yard: Shall be at least five feet (5') from the rear lot line.

            (1) Lots With An Alley: Lots with an alley in the rear of the lot may have a setback of three feet (3') from the rear property line.

            (2) Rear Yard Exception: A detached ADU may encroach up to three feet (3') beyond the twenty five foot (25') rear yard and still maintain the above stated requirements, provided the detached structure does not exceed the maximum height set out in subsection A of this section and meets the second story step back requirements of subsection M of this section.

   C.   Parking: One additional parking space beyond that required for the principal dwelling is required for an ADU.

   D.   Owner Occupancy: Either the principal dwelling unit or the accessory dwelling unit must be occupied by a majority owner of the property if a unit is used as a short-term or vacation rental. "Owner occupied" means that a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and physically resides at the site more than six (6) months out of any given calendar year.

   E.   Number Of Occupants: One accessory dwelling unit is permitted as subordinate to an existing single-family dwelling; provided the total number of occupants in both the principal dwelling unit and accessory dwelling unit combined does not exceed the maximum number established for a "family" as defined in section 17.02.055 of this title.

   F.   Subdivision: An accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit.

   G.   Size And Scale: The accessory dwelling unit shall meet the following:

      1.   No minimum size.

      2.   Maximum size shall be eight hundred (800) square feet (finished area; does not include unfinished basements).

      3.   An ADU shall not exceed seventy five percent (75%) of the total square footage of the primary dwelling unit, excluding the garage area.

   H.   Location: The accessory dwelling unit may be added to or included within the principal unit, including a basement, or located in a detached structure. Other Code standards apply.

   I.   Entrances For ADUs Attached To Principal Unit: The single- family dwelling containing the accessory dwelling unit shall have only one entrance on each front or street side for the ADU.

   J.   Additions: Additions to an existing structure for the purpose of developing an accessory dwelling unit shall be designed consistent with the existing roof pitch, siding, and windows of the principal dwelling unit.

   K.   Conversion Of Existing Detached Structures/Garages/Sheds: Any existing detached structure may be converted into an accessory dwelling unit provided it meets the following:

      1.   The structure meets the current adopted Building Code and a building permit can be issued.

      2.   The structure is not over the property line or in the City's right-of-way.

      3.   The structure complies with current building and zoning standards if it is to be expanded.

      4.   The structure cannot be expanded outward or upward, regardless of the provisions of the Non-Conforming Code, without complying with current standards.

      5.   An existing garage with a valid building permit and a height between eighteen feet (18') and twenty five feet (25') may be converted into an ADU if it can meet the requirements of subsection K1 of this section.

   L.   Short-Term Rentals: If an accessory dwelling unit (ADU) is going to be used for less than 30-day stays, the owner shall comply with the rules of short-term rental requirements in chapter 17.08, article X of this title.

   M.   Second Story Step Back: Required for attached and detached ADUs in the rear yard. A newly constructed or second-story addition to an existing structure within the rear yard must have second story step backs that meet the following requirements:

      1.   The upper step back begins at a height of ten feet (10') on the interior side property line and at fifteen feet (15') on the rear yard property line (see figures below).

      2.   The step back is at 1:1 measurement, which equates to a forty five degree (45°) angle.

      3.   A building permit application must show all dimensions, setbacks, and step backs as shown in the figures below.

      4.   There is no second story step back requirement on the street side of a corner lot.

      5.   Eaves are allowed to project two feet (2') into the step back air space.

FIGURE 1

SIDE YARD SECOND STORY STEP BACK

FIGURE 2

SIDE YARD SECOND STORY STEP BACK, 2 FOOT EAVE PROJECTION ALLOWED

FIGURE 3

SIDE YARD SECOND STORY STEP BACK, ROOF PROJECTION NOT ALLOWED

FIGURE 4

SIDE YARD SECOND STORY STEP BACK, NOT ALLOWED

FIGURE 5

REAR YARD SECOND STORY STEP BACK, WITH ALLEY

FIGURE 6

REAR YARD SECOND STORY STEP BACK, NO ALLEY

   N.   Lot Coverage/Open Spaces And Pervious Surface Requirement:

      1.   A thirty percent (30%) pervious surface is required for all lots with an ADU.

      2.   Pervious surfaces include such things as grass, Astro Turf, pavers, grasscrete, gravel, and decking materials (unless there is a concrete or impervious surface below).

      3.   There is no dimensional requirement or requirement for a certain type or quantity of landscaping/trees (other than the standard street tree requirements).

      4.   The building permit application must show all pervious areas on the lot and the calculation of a separate plan titled "Lot Coverage/Pervious Surface Plan". (Ord. 3674 §7, 2021: Ord. 3639, 2019)

   A.   Application: The property owner shall apply for an accessory dwelling unit permit and other applicable permits from the City. The application shall include an affidavit signed by the property owner affirming the ADU status of the property and, if applicable, compliance with the Short-Term Rentals Code.

   B.   Applicable Codes: In addition to the provisions of this Code and the Short Term Rentals Code, all Health and Safety Codes shall apply as required by the Building Department.

   C.   Recording Requirements: Approval of the accessory dwelling unit shall be subject to the applicant recording a document with the County Recorder which runs with the land and identifies the address of the property, states that an accessory dwelling unit is located on the property and includes a statement that the owner(s) will notify any prospective purchasers of the limitations of this section.

   D.   Permit: Upon compliance with the provisions of sections 17.06.650 and 17.06.660 of this article through this section, an accessory dwelling unit permit will be issued.

   E.   Enforcement: The City retains the right with reasonable notice to inspect the ADU for compliance with the provisions of this section.

   F.   Elimination/Expiration: Elimination of an accessory dwelling unit may be accomplished by the owner recording a certificate with the County and the City's Planning Department stating that the accessory dwelling unit no longer exists on the property. (Ord. 3639, 2019)

   A.   Maximum Building Height: Maximum building height for accessory caretaker's unit shall be:

      1.   Thirty two feet (32') within the buildable area for the principal structure.

      2.   Fourteen feet (14') when built in the rear yard with a low or no slope roof or eighteen feet (18') when built in the rear yard with a medium or high slope roof.

   B.   Setbacks: Setbacks for an accessory caretaker's unit are:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be five feet (5'). If there is no alley or other legal access behind a lot, each lot shall have at least one side yard of ten feet (10') minimum.

      3.   Side, Street: The street side yard requirement shall be ten feet (10').

      4.   Rear: The rear yard requirement shall be five feet (5').

   C.   Parking: One parking space beyond that required for the principal structure is required.

   D.   Occupancy: The accessory caretaker's unit must be occupied by an employee of the commercial use on the property, a majority owner of the property, or an immediate family member of a property owner. "Majority owner" is defined as the person or entity who owns a more than fifty percent (50%) interest in the property, as reflected in title records, who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and who actually resides on the property more than six (6) months out of any given year.

   E.   Number Of Occupants: One accessory caretaker's unit is permitted as subordinate to an existing commercial or manufacturing use; provided the total number of occupants in the caretaker's dwelling unit does not exceed the maximum number established for a "family" as defined in subsection 17.02.055B of this title.

   F.   Subdivision: The property on which an accessory caretaker's unit is located shall not be subdivided or otherwise severed from the property on which the principal commercial unit is located.

   G.   Affidavit And Recording Requirements: A deed restriction in a form acceptable to the City shall be provided by the owner(s) of the parcel agreeing that the property on which the caretaker's unit is located will not be subdivided or otherwise severed from the property on which the commercial facility is located. The document shall be recorded by the owner(s) with the County Recorder and such restrictions shall run with the land. The document shall identify the address of the property, state that the employee of the commercial use on the property, the majority owner of the property, or an immediate family member of an owner resides in the caretaker's unit. The document shall include a statement that the owner(s) will notify any prospective purchasers of the property regarding the restrictions imposed by this section, and provide that the right to an accessory caretaker's dwelling unit shall be lost if any of the requirements of this section are violated.

   H.   Size And Scale: The square footage of the accessory caretaker's unit shall be a minimum of three hundred (300) square feet and a maximum of one thousand four hundred (1,400) square feet of floor area, excluding any garage area; provided, the square footage of the accessory caretaker's unit shall not exceed forty percent (40%) of the total square footage of the associated commercial or manufacturing building.

   I.   Maximum Number Of Caretaker Units: One caretaker unit allowed per parcel or use, whichever is less. (Ord. 3600, 2018)

The City of Coeur d'Alene recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the City believes that the need to protect the integrity and essential residential character of its residential areas is of paramount concern. The home occupation regulations are the means used to allow and to regulate nonresidential activity within the City's Residential Districts.

The objective of the home occupation regulations is to allow a limited commercial service activity in areas of residential land use only to the extent that neighbors will not be negatively impacted by such things as the outward appearance, noise, smell, glare, traffic or activity level occurring on the site. The home occupation regulations seek to balance the need of some individuals to work at home with rights of other individuals to enjoy the residential character of their neighborhood and their private property. The purpose of the home occupation regulations is to protect the health, safety, and welfare of neighborhood residents and the preservation of the neighborhood as a comfortable place for the people who live there. The City believes that these purposes can be accomplished while allowing for some limited commercial- service activities through the use and application of the home occupation regulations. (Ord. 2276 §2, 1990: Ord. 1691 §1(part), 1982)

The regulations set forth in this Chapter shall apply to all residential dwelling units or residential accessory structures, irrespective of zoning district. Should a residential use in a commercial zoning district fail to meet the conditions necessary to qualify as a home occupation, it is then considered a full commercial business and must comply with all regulations covering commercial establishments. (Ord. 2276 §3, 1990)

A home occupation certificate is required for all home occupations conducted within the City. A home occupation certificate shall be issued upon request to all home occupations which meet the conditions set forth in Sections 17.06.720 and/or 17.02.725. The form shall include, but not be limited to, the following information:

   A.   Legal description of the property.

   B.   Type of use proposed.

   C.   Zoning district where located.

   D.   Building area involved in use.

   E.   Number and residence of people involved.

   F.   Proposed alterations to building.

   G.   Proposed use of utilities and community facilities, if any.

   H.   Proposed material and equipment.

   I.   Storage requirements.

   J.   Signage.

   K.   Anticipated traffic generation.

   L.   Use of outdoor space, if any.

   M.   Site plan showing property lines, all structures, setbacks and off-street parking. For childcare services, outdoor pay areas must be included.

   N.   Floor plan of all buildings used for home occupations.

   O.   On-street and off-street parking available.

The issuance of the home occupation certificate shall be based upon the above information and the criteria set forth in Sections 17.06.720 and 17.06.725. The fee shall be established by a Resolution of the City Council. (Ord. 3648 §1, 2020: Ord. 2276 §4, 1990: Ord. 2006 §1, 1986: Ord. 1691 §1(part), 1982)

Home occupations in any zoning district where permitted shall be subject to the following conditions:

   A.   Conducted Within Residence: A home occupation may be conducted within a principal residence or completely enclosed structures accessory thereto. Home occupations which use the principal residence or completely enclosed accessory structure as a base of operation for permitted activities which occur off site are also allowed subject to the provisions contained in this Chapter. Provided, childcare services include an outdoor play areas as required by Municipal Code section 5.68.030; Provided further, in-home childcare facilities shall not be operated in an apartment building or condominium without a special use permit obtained under Chapter 17.09, Article III, of the Municipal Code.

   B.   Sales: There shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products unless clearly incidental to the services rendered and provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sale of products which are unrelated to the services provided by the home occupation from display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above.

   C.   Traffic Generation: Home occupations within one dwelling unit or permitted accessory structure shall not generate any combination of pedestrian or vehicular traffic which totals more than twenty (20) trips per day as calculated by taking the average over five (5) working days. A trip is defined here as a single or one-direction vehicle or pedestrian movement with either the origin or destination (exiting or entering) inside the property location of the home occupation(s).

   D.   Parking: Home occupations which generate overnight or long-term parking (greater than 3 hours in duration) must demonstrate the adequacy of on-street parking abutting the site of the home occupation, or alternatively, that adequate off-street parking has been provided.

   E.   Signs: There shall be no signs other than those permitted in the applicable zoning district.

   F.   Space: Home occupations shall not use more than the equivalent of thirty percent (30%) of the total floor area of the dwelling unit.

   G.   Alteration Of Structure: The home occupation shall not involve alteration of the structure in a manner that would serve a nonresidential activity where such alteration is otherwise prohibited in the zoning district where located.

   H.   Noise: Noise levels generated by any home occupation shall not exceed the levels specified in subsection 17.07.120B of this Title.

   I.   Smell: All home occupations shall meet the requirements listed in subsection 17.07.125B of this Title.

   J.   Glare: All home occupations shall meet the performance standards listed in subsection 17.07.130B of this Title.

   K.   Use Of Utilities And Community Facilities: The home occupation shall not make use of utilities or community facilities beyond that otherwise normal to the use of property in the zoning district.

   L.   Number Of Home Occupations Allowed: The number of home occupations allowed within a facility is not limited, but the total effect of the combination of home occupations which are permitted on one property shall not exceed the appropriate performance standards contained in the home occupation regulations. (Ord. 3648 §2, 2020: Ord. 2276 §5, 1990: Ord. 1691 §1(part), 1982)

Home occupations conducted in any residential zoning district shall be subject to the following conditions, in addition to those specified in Section 17.06.720 of this Chapter:

   A.   Employment: There shall be no employment of help related to the home occupation other than the members of the resident family. Provided, childcare services provided as a home occupation shall be allowed one employee as required by Chapter 5.68 and state law who is not a resident and family member. No other employees shall be allowed except by a special use permit as issued pursuant to Chapter 17.09, of the Municipal Code.

   B.   Materials And Equipment: There shall be no use of chemicals in quantities greater than that used in normal household operation or hobby uses, nor shall there be use of material or mechanical equipment which are not part of normal household or hobby uses.

   C.   Commercial Vehicles: A home occupation shall not involve commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed one ton, owned, rented or leased by the home occupation operator.

   D.   Storage: A home occupation shall involve no outside storage of materials or supplies for purposes other than those permitted in the zoning district.

   E.   Use Of Outdoor Space: No space outside of the main or accessory buildings shall be used for home occupation purposes, except those involving agricultural uses where such agricultural uses are permitted and childcare services for required outdoor play areas. (Ord. 3648 §3, 2020: Ord. 2276 §6 1990: Ord. 1691 §1(part), 1982)

Should the City, at any time during the period in which a home occupation is in operation, receive a written complaint, and after conducting an investigation, find that the operation of such home occupation is in violation of the provisions of this Chapter and/or the terms and conditions subject thereto, the City shall serve notice, by certified mail, to cease activities conducted in violation of the home occupation regulations. Such notice shall be headed "NOTICE TO CEASE NONPERMITTED HOME OCCUPATION ACTIVITY", shall contain a description of the property, shall describe the ordinance section(s) violated, shall specify the penalty provisions of this Chapter, and shall specify the appeal process specified by this Chapter. (Ord. 2868 §6, 1998: Ord. 2276 §7, 1990)

The appeal procedure for administrative decisions made under the home occupation regulations shall be as specified in sections 17.09.705 through 17.09.715 of this title. (Ord. 2276 §8, 1990)

The penalty procedures for violation of the home occupation regulations shall be those specified in sections 17.09.805 through 17.09.825 of this title. (Ord. 2276 §9, 1990)

The provisions of this article shall be known as the FENCING AND LANDSCAPE REGULATIONS. The purpose of these regulations is to prescribe minimum standards for fencing, buffer yards, and environmental landscaping. (Ord. 2109 §8, 1988)

   A.   Materials For Fences And Walls: Fences and walls may be of any material commonly used in construction, provided that said fence or wall meets any criteria for sturdiness and construction as established in other city regulations.

   B.   Measurement Of Heights: The height of fences and walls shall be measured from the top of the fence or wall at its highest point to the finished grade of the lot or parcel adjacent to the fence. If the fence or wall is built on a mound or is otherwise constructed on a level above the average finished grade of the parcel or lot, the height of the mound shall be included in the overall height of the fence or wall. However, where parking, loading or other similar areas are constructed adjacent to a fence or wall and are constructed above the finished grade of the parcel, the height of fences or walls shall be measured from the top of the parking/loading surface.

   C.   Fences For Swimming Pools: Swimming pools shall be enclosed by buildings or fences or walls in accordance with the provisions of the building code, as adopted, and other applicable provisions of the municipal codes. (Ord. 3148 §1, 2003: Ord. 3096 §34, 2003: Ord. 2109 §8, 1988)

Fences, walls, and hedges shall be permitted in required yards in accordance with the following regulations:

   A.   For residential uses in all zoning districts, the following shall apply:

      1.   Fences, walls, and hedges not greater than six feet (6') in height shall be permitted on or within all rear and side yard property lines and on or within all front yard setback lines, and will be subject to section 12.36.425, vision triangle regulations, of this code. Provided, however, that fences, walls and hedges may be constructed not greater than ten feet (10') in height pursuant to the special use permit procedures set forth in section 17.09.205 of this title where the abutting property is used for a commercial or manufacturing activity or where the residential property abuts an interstate freeway. All fences and walls greater than six feet (6') in height shall conform to the currently adopted building code and other applicable provisions of this code.

      2.   Fences, walls, and hedges not greater than four feet (4') in height shall be permitted in any required front yard.

      3.   Fences over six feet (6') in height used to enclose tennis courts or other game areas outside the buildable area may be permitted pursuant to the special use permit procedure set forth in section 17.09.205 of this title. Such fences shall be composed of wire mesh capable of admitting at least ninety percent (90%) of light as measured on a reputable light meter.

   B.   For nonresidential uses in residential zoning districts, the following shall apply:

      1.   Fences, walls, and hedges not greater than six feet (6') in height shall be permitted on or within all rear and side yard property lines and on or within all front yard setback lines and on or within any street side yard setback line, and shall be subject to section 12.36.425, vision triangle regulations, of this code. Provided, however, that fences, walls and hedges may be constructed not greater than ten feet (10') in height pursuant to the special use permit procedures set forth in section 17.09.205 of this title where the abutting property is used for residential uses. All fences and walls greater than six feet (6') in height shall conform to the currently adopted building code and other applicable provisions of this code.

      2.   Fences, walls, and hedges not greater than four feet (4') in height shall be permitted in any required front yard.

      3.   Fences over six feet (6') in height used to enclose tennis courts or other game areas outside the buildable area may be permitted pursuant to special use permit procedure set forth in section 17.09.205 of this title. Such fences shall be composed of wire mesh capable of admitting at least ninety percent (90%) of light as measured on a reputable light meter.

   C.   For nonresidential uses in nonresidential zoning districts, the following shall apply:

      1.   Fences, walls, and hedges not greater than four feet (4') in height shall be permitted in any required front yard.

      2.   Fences, walls, and hedges on or within the rear or side yard property lines shall have no height restriction except where abutting a residential use, then the maximum height is six feet (6'). Provided, however, that fences, walls and hedges may be constructed not greater than ten feet (10') in height pursuant to the special use permit procedures set forth in section 17.09.205 of this title where the abutting property is used for residential uses. All fences and walls greater than six feet (6') in height shall conform to the currently adopted building code and other applicable provisions of this code. (Ord. 3148 §2, 2003: Ord. 3096 §35, 2003: Ord. 2109 §8, 1988)

   A.   Landscaping Required For Certain Required Yards And Corner Cutoff Areas: All required front yards, all street oriented required side yards, and all required corner cutoff areas shall be landscaped, except those areas occupied by authorized accessory uses, or required parking.

   B.   Landscaping Provisions: The landscaping provisions of this chapter shall generally apply as follows:

      1.   Commercial, civic, and manufacturing uses.

      2.   Multi-family housing.

      3.   Parking lots.

      4.   Mobile home parks.

      5.   Single-family and duplex housing (see subsection C of this section).

For specific applicability of required landscaping, see subsections 17.06.830B and 17.06.835B of this chapter.

   C.   Exceptions: The landscaping provisions of this chapter shall not apply to:

      1.   Single-family and duplex housing, except that all required front yards, street side yards and corner cutoff areas shall be planted and maintained with vegetative cover or other approved material and one street tree is required for each street frontage;

      2.   The DC zoning district;

      3.   The C-17 zoning district; and

      4.   The C-17L zoning district. (Ord. 3560, 2017: Ord. 3379 §7, 2010)

   A.   Landscape Plan Required: A landscape plan is required for all buffer yards and environmental landscaping required by this chapter. The landscape plan shall be drawn to scale and indicate the following:

      1.   Boundaries and dimensions of the site.

      2.   All existing public trees identified by species.

      3.   Trees and any other vegetation that is to be retained.

      4.   The location and design of areas to be landscaped.

      5.   The location, number, and type of plant material by common name. Botanical names shall be furnished upon request only.

      6.   Type and design of proposed irrigation.

   B.   Natural Vegetation Or Earthen Berm As Substitute:

      1.   Existing vegetation which is retained, and is not prohibited under title 8, chapter 8.08 of this code, may be used to satisfy these regulations.

      2.   An earthen berm may be substituted for not more than three feet (3') of the required height of any fence, wall, or environmental landscaping. Soil and slope stabilization must result after installation.

   C.   Retention Of Existing Trees: Existing trees shall be retained to the maximum extent possible. Where retention of trees located in the public right of way is not possible, then replacement is required as established in section 12.36.115 of this code. A tree removal permit is required prior to removal of any public trees per section 12.36.300 of this code. Public or private trees retained to meet landscape requirements shall comply with subsections D and E of this section.

   D.   Damage During Construction: Existing trees or shrubs that are retained to meet the requirements of this chapter shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or privately retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced.

   E.   Grade Changes And Impervious Surfaces: Impervious surfaces and grade changes shall be allowed at a distance from the trunk equal to the diameter of the tree trunk plus two feet (2') and the installation of an automatically controlled drip irrigation system shall be required.

   F.   Protection After Construction: All required landscaping adjacent to parking stalls, maneuvering areas, and traffic aisles shall be protected from vehicle damage by a minimum six inch (6") curb or other barrier acceptable to the city engineer. Said barrier shall be noted on the plans.

   G.   Prohibited Materials And Landscaping: The following shall be prohibited:

      1.   No required landscape areas shall include artificial trees, plants, or any carpeting designed as a vegetative substitute.

      2.   Sight obstruction is prohibited in the vision triangle per section 12.36.425 of this code.

   H.   Irrigation: An irrigation system is required for all nonresidential uses with required landscaping. The type of irrigation must be indicated on the landscape plan. A water spray pattern plan is required for irrigation systems.

   I.   Amount Of Coverage: All required landscape areas shall be planted so as to achieve seventy five percent (75%) coverage of the area within three (3) years. If this amount of coverage is not achieved, the area shall be planted immediately or as soon as the planting season permits.

   J.   Installation: The owner/developer shall follow accepted nursery standards and practices in the planting and maintenance of required landscape areas. Soil and slope stabilization must result after landscape installation.

   K.   Maintenance: All required landscaping shall be permanently maintained in a healthy growing condition by the property owner or the property owner's designee. This includes the maintenance of street trees and/or other landscape materials within or abutting the public right of way adjacent to the subject property. The property owner shall remove, and if required to meet the standards of this chapter, shall replace any unhealthy or dead plant material immediately or as the planting season permits.

   L.   Completion Time: The planning department may authorize a delay in the completion of planting during the months of October, November, December, January, February, and March. Should a delay occur, a bond or other sufficient security approved by the city attorney, equal to one hundred fifty percent (150%) of the costs of landscaping, will be provided by the owner/developer and held by the city until said landscaping is complete. No final certificate of occupancy shall be issued until the required landscaping is complete. (Ord. 3565, 2017: Ord. 3127, 2003: Ord. 3064 §14, 2002: Ord. 2934 §51, 1999: Ord. 2109 §8, 1988)

   A.   Definition: A "buffer yard" is a landscape area which serves to physically and/or visually separate land uses having incompatible facilities, activities, or differing intensities of use. For the purposes of buffer yard regulations, a display lot as defined in section 17.44.020 of this title shall not be construed to be a parking lot.

   B.   Applicability: A buffer yard is required as follows:

      1.   When a commercial, civic, or manufacturing use abuts a residential use or a residential zone.

      2.   Between a parking lot not associated with a residential activity, and a residential activity or a residential zone.

      3.   Where a parking lot abuts a public street right of way.

      4.   To conceal outdoor storage areas, trash receptacles, and exposed machinery associated with any commercial activity when adjacent to a residential activity or a public street right of way.

      5.   As established in subsection 17.44.250D of this title for loading berth adjacent to residential activity or a residential zone.

      6.   For planting screen easements required by section 16.15.180 of this code.

   C.   Minimum Required: The following buffer yard is required according to the application above:

 

 

   D.   Materials For Buffer Yards:

      1.   All buffer yards shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of seventy five percent (75%) of the total plant material used.

      2.   The required buffer yard shall result in an effective barrier within three (3) years and be maintained such that fifty percent (50%) or more of the vertical surface is closed and prevents the passage of vision through it, as determined by the planning department. (Ord. 3674 §8, 2021: Ord. 3237 §2, 2005: Ord. 3127, 2003: Ord. 3025 §13, 2001: Ord. 2934 §52, 1999: Ord. 2331 §1, 1990: Ord. 2109 §8, 1988)

   A.   Definition: "Environmental landscaping" is the reduction of noise, glare, sun, and air pollution through the introduction of landscaping.

   B.   Applicability: Environmental landscaping is required as follows:

      1.   For multi-family residential with four (4) or more dwelling units.

      2.   For commercial, civic, and manufacturing uses.

      3.   For nonresidential parking lots containing six (6) or more parking spaces.

      4.   For all new residential parking lots containing six (6) or more parking spaces.

      5.   For single-family and duplex housing.

Exceptions: Landscaping is not required for all nonconforming uses as they are established in and subject to section 17.06.905 of this chapter. For single-family and duplex housing, only street tree requirements shall apply.

   C.   Types Of Environmental Landscaping: For each of the applications listed in subsection B of this section, the following environmental landscaping shall be required:

      1.   Street trees.

      2.   Parking lot landscaping.

   D.   Street Trees: "Street trees" are defined in section 12.36.015 of this code. Following the adoption date of these regulations, all applicable developments shall be required to plant street trees in accordance with sections 12.36.400 through 12.36.425 of this code. For new single-family and duplex housing, a fee for each required street tree, in an amount to be set by resolution of the city council, shall be required at the time of building permit issuance. Said fee will be held by the city to ensure that the required street tree is planted. If the required street tree is not planted before the issuance of the certificate of occupancy, said fee shall be forfeited to the city and shall be deposited in the fund designated in section 12.36.125 of this code for maintenance and acquisition of street trees. Provided however, that nothing contained herein shall prevent the city from refunding said fee for retaining a healthy tree meeting the definition of "street tree" or from using the deposit to reimburse the owner of the new single-family residence or duplex for the cost of planting the required street tree within six (6) months following the issuance of the certificate of occupancy.

   E.   Parking Lots: Landscaping shall be required for all parking lots as described in subsections B3 and B4 of this section, excluding vehicle sales. This shall be in addition to buffer yards where required.

      1.   Amount Required: The amount of landscaping required is calculated as a percentage of the gross paved areas used for parking spaces. Traffic aisles and driveways are excluded from this calculation. This percentage is based on the number of parking spaces provided as follows:

 

 

For parking lots with more than three hundred (300) parking spaces, the planning commission shall determine the amount and spacing of landscaping required up to a maximum not to exceed two percent (2%) additional area per each one hundred (100) additional cars or fraction thereof, and no parking space shall be more than one hundred feet (100') from a landscaped area.

      2.   Material And Spacing Requirements: Except as provided in subsection E1 of this section, parking lot landscaping shall consist of, but is not limited to, a mix of deciduous and evergreen trees, shrubs, and ground cover. No parking space shall be more than sixty feet (60') from a landscaped area, and there shall be at least one tree for each three hundred (300) square feet of required landscape area. (Ord. 3560, 2017: Ord. 3299 §14, 2007: Ord. 3288 §70, 2007: Ord. 3169 §3, 2004: Ord. 2856 §1, 1998: Ord. 2109 §8, 1988)

The planning department shall review and may approve, approve with modifications, or disapprove any landscape plan for compliance with the provisions of this chapter. (Ord. 3127, 2003: Ord. 3025 §14, 2001: Ord. 2934 §53, 1999: Ord. 2109 §8, 1988)

   A.   The planning director may reduce the parking requirements by up to five percent (5%) of the required number of spaces if the proposed landscape plan incorporates the retention of significant trees, particularly in the interior of the site, or if the proposed landscaping exceeds the requirements of this chapter by fifteen percent (15%) or more.

   B.   The city engineer may reduce technical standards of parking lot design where paving requirements conflict with the retention of significant trees. (Ord. 3127 §12, 2003: Ord. 3064 §15, 2002: Ord. 2934 §54, 1999: Ord. 2109 §8, 1988)

An appeal of an interpretation or administrative determination may be taken to the city council in accordance with section 17.09.705 of this title. (Ord. 2109 §8, 1988)

The provisions of this article shall be known as the NONCONFORMING USE REGULATIONS. The purpose of these regulations is to control, ameliorate, or terminate uses which do not conform to the zoning ordinance. These regulations shall apply to all nonconforming uses. (Ord. 1691 §1(part), 1982)

A nonconforming use which is in existence on the effective date of this title or of any subsequent rezoning or other amendment thereto which makes such use nonconforming may be continued and maintained, except as otherwise specified in the nonconforming use regulations. No substitution, extension, or other change in activities and no alteration or other change in facilities is permitted except as specifically provided herein. (Ord. 1691 §1(part), 1982)

A nonconforming use certificate can be issued by the City to all nonconforming uses which were in existence on the effective date of this title or any subsequent rezoning or other amendment thereto which makes such use nonconforming. This permit will include, but not be limited to, the following information:

   A.   Legal description of property.

   B.   Type of use involved.

   C.   Reasons for its nonconformance.

   D.   Land area involved.

   E.   Number of people involved.

   F.   Type and area of building or portion of buildings involved in the nonconforming activity.

This certificate shall not be used to grant a use that would be nonconforming to the applicable development regulations. There shall be no fee required for a nonconforming use certificate. (Ord. 1691 §1(part), 1982)

   A.   Nonconforming As To Activity: Whenever a use, which is nonconforming because it is not a permitted activity, discontinues active operation for a continuous period of one year, such nonconforming use shall be considered to be abandoned and may not be resumed. The facilities of such a use may be used thereafter, but only for a permitted activity.

   B.   Nonconforming As To Facility: A use, which is nonconforming because of the facility, may resume operations regardless of the period during which it may have discontinued active operation. (Ord. 1691 §1(part), 1982)

   A.   Nonconforming As To Activity: Whenever a nonconforming facility is damaged or destroyed to the extent that reconstruction, repairing, or rebuilding will exceed fifty percent (50%) of the replacement costs of the facility as it was immediately prior to the damage, as determined by a qualified appraiser, the facility may only be restored to accommodate a conforming activity. If restoration for a nonconforming activity is permitted by special permit, the restoration must be substantially completed within one year after damage or destruction. If it is not, the nonconforming activity is considered to be abandoned, and cannot be restored except for use as a permitted activity.

   B.   Nonconforming As To Facility: Whenever a nonconforming facility is damaged or destroyed to the extent that reconstruction, repairing, or rebuilding will exceed fifty percent (50%) of the replacement costs of the facility as it was immediately prior to the damage, as determined by a qualified appraiser, the facility must be restored in conformance with all current Code requirements. However, single family dwellings may be restored without conforming to current Code requirements provided that the following requirements are met:

      1.   Foundation: The existing foundation of the older structure must be kept and used for the proposed replacement structure or to verify the footprint of the damaged structure. If the existing foundation is not structurally sound, then the City building official or designee will need to verify in writing that the existing foundation is unusable for the replacement structure. The replacement structure must use the exact layout (foundation footprint) of the damaged structure to site/locate for the replacement structure.

      2.   Bulk/Square Foot Above Ground: The proposed replacement structure must not be greater in square footage above ground than was the structure that was damaged.

      3.   Building Height: The proposed replacement structure must not be greater in height above ground than was existing prior to the damage.

      4.   Zero Setback - Adjacent Affected Property: If a prior existing structure was at zero feet (0') from the property line then a granting of a maintenance easement from the adjoining property owner must be obtained. An easement, in a form acceptable to the City Attorney, shall be executed between the zero lot line property owner and the owner of the adjacent lot or structure to provide for proper maintenance, repair, drainage and fire access. This easement(s) shall be recorded.

      5.   Structure Over Property Line Or In Right-Of-Way: If prior existing structure was over any property line or in the right-of-way (ROW), the new proposed replacement structure cannot be rebuilt if it extends into a property with a different ownership or into the ROW.

It is the owner's burden of proof to provide information relating to prior existing conditions of the structure and site as it relates to the above referenced items. (Ord. 3600, 2018: Ord. 2049 §47, 1987: Ord. 1691 §1(part), 1982)

   A.   Nonconforming As To Activity: Facilities for a use which is nonconforming because the activity is not itself permitted where it is located may be repaired and altered subject to the following provisions:

      1.   No structural alterations, except those required by law, shall be made to a facility used for a nonconforming activity; provided, that this provision shall not apply if the nonconforming activity occupies less than fifty percent (50%) of the facility.

      2.   The costs of repairs and alterations to a facility which is used for a nonconforming activity shall not exceed twenty percent (20%) of the market value of the facility in any one year. The cost of repairs and alterations required by law or permitted by section 17.06.930 of this chapter shall be exempt from such limit.

   B.   Nonconforming As To Facility: Any nonconforming facility used for a permitted activity may be repaired or altered subject to the following provisions:

      1.   Except as clarified in subsection B4 of this section, no structural alterations, except those required by law, shall be made to the nonconforming portion of any facility.

      2.   The costs of such repairs or alterations shall not exceed twenty percent (20%) of the market value of the facility, in any one year period. The costs of repairs or alterations required by law or permitted by section 17.06.930 of this chapter shall be exempt from such limit.

      3.   Except as clarified by subsection B4 of this section, such repairs or alterations shall not result in a greater degree of nonconformity.

      4.   This section is not intended to preclude repairs or alterations which do not increase the volume of the nonconforming portion of the building. (Ord. 2612 §1, 1994: Ord. 1903 §7, 1985: Ord. 1691 §1(part), 1982)

   A.   Nonconforming As To Activity: A use, which is nonconforming wholly or partly because it is not itself a permitted use where it is located, shall not be expanded except:

      1.   New signs may be provided for the use, but the aggregate area of display surface of all signs serving such use shall not be increased. All signs shall be subject to the limitations, other than the aggregate area of display surface, normally applying to signs for the use and zoning district.

   B.   Nonconforming As To Facility: Any facility which is nonconforming for any reason may be expanded, altered or enlarged provided that the expansion, alteration or enlargement complies with the regulations of the present zoning district, and provided that adequate parking for the total subsequent facility is provided. The adequate parking provision shall not apply to any addition or alteration of any building required to meet the requirement of Federal law including, but not limited to, the Americans With Disabilities Act (ADA). However, this section is not intended to preclude expansion, alteration nor enlargement which does not increase the habitable floor area, as defined by the currently adopted Building Code, of the nonconforming facility. (Ord. 3096 §36, 2003: Ord. 2709 §1, 1995: Ord. 2701 §1, 1995: Ord. 2612 §2, 1994: Ord. 1903 §8, 1985: Ord. 1826 §2, 1983: Ord. 1691 §1(part), 1982)

A substitution is the replacement of an existing nonconforming activity by a new nonconforming activity, or a change in the nature of an existing nonconforming activity. It does not include a change of ownership, tenancy, or management where the previous line of business or other function is substantially unchanged. (Ord. 1691 §1(part), 1982)

   A.   Activity Not Requiring A Special Use Permit: Any nonconforming activity may be replaced by an activity permitted in the zoning district.

   B.   Activity Requiring A Special Use Permit: Any nonconforming activity requiring a special use permit within the present zoning district may be expanded only upon the granting of said permit.

   C.   Resumption Of Nonconforming Activity: If a nonconforming activity is replaced by a conforming activity, the nonconforming activity shall not be resumed. (Ord. 1826 §3, 1983: Ord. 1691 §1(part), 1982)

Any restrictions on the repairs, alterations and expansion of a nonconforming use shall be in addition to the basic restrictions on nonconforming uses. In case of conflict, the most restrictive shall apply. (Ord. 1691 §1(part), 1982)

Any portion of a nonconforming facility which is changed to conform to the regulations of the zoning district where located shall not be changed back to a nonconforming portion. (Ord. 1691 §1(part), 1982)

   A.   Restrictions On Use: A lot which is nonconforming as to width or depth or lot area and which was under one ownership at the time the area was first zoned, the zoning causing the lot to become nonconforming, may be used subject to all other requirements of this title.

   B.   Creation Of Nonconforming Lots: A lot shall not be separated from a larger parcel if any of the resulting lots would be nonconforming. (Ord. 1691 §1(part), 1982)

None of the provisions of the nonconforming use regulations restrict the authority to require modification or termination of any nonconforming use which has been declared to be a nuisance by the City Council. (Ord. 1691 §1(part), 1982)