Davenport City Zoning Code
CHAPTER 17
09 SITE DEVELOPMENT STANDARDS
17.09.010 General requirements.
A.
Number of Structures on a Lot. There may be more than one principal building on a lot, but all structures must comply with all dimensional standards of the zoning district.
B.
All Activities within an Enclosed Structure. Within all districts, all activities must be conducted entirely within an enclosed structure, with the exception of the following uses and activities:
1.
Parking lots, principal and ancillary.
2.
Parks, conservation areas, community garden, golf course/driving range, and similar open space uses.
3.
Establishments that typically include an outdoor component, including, but not limited to: agriculture, outdoor amusement facility, outdoor storage yard, heavy retail, rental, and service, greenhouse/nursery - retail, outdoor dining, car wash, animal care facility, industrial, and similar uses where outdoor functions are typical, to be determined by the Zoning Administrator. Any use may be limited or the outdoor component prohibited as a condition of a special use, when special use approval is applicable.
4.
Permitted accessory outdoor storage, and outdoor sales and display areas.
5.
Permitted outdoor temporary uses.
C.
Applicability of Setbacks. No setback may be reduced so that it is less than required by this ordinance unless a variance is approved. The required setbacks for a lot cannot be considered a setback for any other lot. No principal building or accessory structure may be located in a required setback unless specifically permitted by this ordinance or a variance is approved.
D.
Applicability of Dimensional Requirements. All structures must meet the dimensional requirements of the zoning district in which the structure is located. No existing structure may be enlarged, altered, reconstructed, or relocated in such a manner that conflicts with the requirements of the district in which the structure it is located unless a variance is approved.
17.09.020 Exterior lighting.
[Amended 12-11-2024 by Ord. No. 2024-522]
A.
Lighting Plan Required.
1.
A lighting plan is required for all non-residential uses, multi-family, and townhouse dwellings as part of site plan review. Single-family and two-family dwellings are exempt from a required lighting plan but are subject to applicable lighting requirements.
2.
A lighting plan must include the following:
a.
A plan showing all light pole locations, building-mounted lights, bollard lights, and all other lighting.
b.
Specifications for luminaires and lamp types, and poles, including photographs or drawings of proposed light fixtures.
c.
Pole, luminaire, and foundation details including pole height, height of building-mounted lights, mounting height, and height of the luminaire.
d.
Elevations of the site including all structures and luminaires sufficient to determine the total cut off angle of all luminaires and their relationship to abutting parcels may be required.
e.
Photometric plans that show the footcandle measurement at all lot lines.
f.
Other information and data reasonably necessary to evaluate the required lighting plan.
B.
Maximum Lighting Regulations.
1.
The maximum allowable footcandle at any lot line is one footcandle.
2.
When additional security lighting is required for security reasons in excess of the footcandle limit imposed by item 1 above, additional lighting may be allowed based on evidence for the need for additional security through site plan review.
3.
No glare onto adjacent properties is permitted.
C.
Luminaire with Cut Off Standards.
[Amended 11-23-2021 by Ord. No. 2021-445]
D.
Luminaire with No Cut Off Standards. Non-residential uses, multi-family, and townhouse dwellings are allowed decorative and/or architectural lighting with no cut off if approved as part of site plan review, and subject to the following standards:
E.
Exceptions to Lighting Standards.
1.
Uplighting of buildings is allowed but all light must be directed onto the facade of the structure and cannot glare onto other properties.
2.
Because of their unique requirements for nighttime visibility and limited hours of operation, outdoor recreational facilities (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, golf driving ranges, show areas, and other similar uses are exempt from the requirements of this section. Recreational facilities are permitted a total luminaire height of 65 feet in any district. Luminaires greater than 65 feet in total height may only be approved by special use permit.
3.
Temporary uses.
4.
Holiday and seasonal lighting is not subject to the requirements of this section.
5.
Luminaires used for public roadway illumination are not controlled by this ordinance.
6.
All temporary emergency lighting required by public safety agencies, other emergency services, or construction are exempt from the requirements of this ordinance.
17.09.030 Accessory structures and uses.
[Amended 12-11-2024 by Ord. No. 2024-522; 9-11-2019 by Ord. No. 2019-363; 6-10-2020 by Ord. No. 2020-233; Ord. No. 2019-195]
All accessory structures and uses are subject to the requirements of this section and the permitted encroachment requirements of Section 17.09.040. Additional accessory structures not regulated in this section may be regulated in Section 17.09.040.
A.
General regulations for accessory structures. All accessory structures are subject to the following regulations, unless otherwise permitted or restricted by specific regulations of this section and ordinance.
1.
No accessory structure may be constructed prior to construction of the principal building to which it is accessory.
2.
Accessory structures shall be constructed out of material intended for long-term exposure to the elements. Prohibited materials include but are not limited to cloth, fabric, canvas, plastic sheets and tarps. Greenhouses are not subject to this prohibition. Shipping containers are prohibited as an accessory structure.
3.
Only those accessory structures permitted by this section and Section 17.09.040 are permitted in required setbacks. Certain accessory structures may also be prohibited in certain yards. The use of the term "yard" refers to the area between the principal building and lot line. The distinction is made because certain principal buildings may not be built at required district setback lines, thereby creating a yard larger than the minimum setback dimension.
4.
The maximum height of any detached accessory structure is 20 feet, unless otherwise permitted or restricted by this ordinance. This does not apply to any structure accessory to an active agricultural use, which are not limited in height.
5.
Detached accessory structures, including those listed in this section and Section 17.09.040, must be set back as follows, unless otherwise permitted or restricted by this ordinance:
a.
Four feet from any interior side lot line. This interior side setback may be reduced to two feet if the adjacent walls, or parts of walls, of the accessory building have no openings and are protected on the inside with fireproofing materials or are constructed of fireproof materials, as verified by the Zoning Administrator.
b.
No closer than four feet from any rear lot line.
c.
No structure may be located in a front, reverse corner, or corner side yard unless specifically allowed by this ordinance.
6.
Accessory structures are included in the calculation of all maximum impervious surface and building coverage requirements of the district.
7.
The footprint of any single detached accessory structure cannot exceed the footprint of the principal building. This does not apply to any structure accessory to an active agricultural use, which is not limited in area; nor does it apply to the accessory structures of single-family and two-family dwellings.
B.
Amateur (Ham) Radio Equipment.
1.
Towers that solely support amateur (ham) radio equipment are permitted in the rear yard only, and must be located 10 feet from any lot line. Towers are limited to the maximum building height of the applicable district plus an additional five feet, unless a taller tower is technically necessary to engage successfully in amateur radio communications and a special use approval is obtained.
2.
Antennas may also be building-mounted and are limited to a maximum height of five feet above the structure, unless a taller antenna is technically necessary to engage successfully in amateur radio communications and special use approval is obtained.
3.
Every effort must be made to install towers or antennas in locations that are not readily visible from adjacent residential lots or from the public right-of-way, excluding alleys.
4.
An antenna or tower that is proposed to exceed the height limitations is a special use. The operator must provide evidence that a taller tower and/or antenna is technically necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence, that the tower and/or antenna will not prove a hazard. As part of the application, the applicant must submit a plan showing the proposed location of the tower or antenna, as well as its relation to the principal building and accessory structures.
5.
Any such antennas and/or towers owned and operated by the City are exempt from these requirements.
C.
Aquaculture/Aquaponics.
D.
Book Exchange Box.
1.
Book exchange boxes are permitted in front or corner side yard only and must be located a minimum of one foot from any lot line, measured from the base of the book exchange box.
2.
No book exchange box may be located so that it impedes pedestrian access or circulation, obstructs parking areas, or creates an unsafe condition. Boxes cannot be located within the required visibility triangle.
3.
Boxes are prohibited in the public right-of-way.
4.
Each box must be designed and constructed in such a manner that its contents are protected from the elements. All media must be fully contained within a weatherproof enclosure that is integral with the structure that comprises the book exchange box.
5.
Boxes are limited to a maximum height of 60 inches to the highest point of the structure, and a maximum width and depth of three feet.
6.
Foundations comprised of concrete, masonry pavers, or other similar movable materials are permitted.
7.
No more than one book exchange box is permitted per lot.
E.
Coldframe Structures.
1.
Coldframe structures up to three feet in height are permitted in interior side and rear yards only.
2.
Coldframe structures over three feet in height and up to a maximum of six feet are permitted in the rear yard only.
3.
Coldframe structures are limited to a maximum square footage of 80 square feet. When part of a community garden use, coldframe structures are permitted a maximum square footage of 120 square feet.
F.
Donation Boxes. Donation boxes are permitted for nonresidential uses in nonresidential districts only.
1.
Only one donation box is permitted per lot. The donation box must be accessory to the principal use on the site.
2.
Donation boxes can only be located to the side or rear of the principal building. In no case may a donation box be located in a front yard. No donation box may be located within a required parking space.
3.
The area surrounding the donation box must be kept free of any junk, debris or other material.
4.
Donation boxes must be maintained in good condition and appearance with no structural damage, holes, or visible rust, and must be free of graffiti.
5.
Donation boxes must be locked or otherwise secured.
6.
Donation boxes must contain the following contact information on the front of each donation box: the name, address, email, and phone number of the operator.
G.
Electric Vehicle Charging Station. The following standards apply to electric vehicle charging stations located on private property.
1.
Electric vehicle charging stations are permitted as an accessory use within any principal or ancillary parking lot or parking structure, or gas station. Electric vehicle charging stations may be for public or private use.
2.
Private charging stations are permitted as an accessory use to all residential uses to serve the occupants of the dwelling(s) located on that property.
3.
Public electric vehicle charging station spaces must be posted and painted with a sign indicating the space is only for electric vehicle charging purposes. Days and hour of operations must be included if tow away provisions are to enforced by the owner of the property. Information identifying voltage and amperage levels and/or safety information must be posted.
4.
Charging station equipment must be maintained in good condition and all equipment must be functional. Charging stations no longer in functional use must be immediately removed.
H.
Fences and Walls.
1.
General requirements for all fences.
a.
Every fence must be maintained in a good repair and safe condition at all times. Every damaged or missing element must be repaired, removed, or replaced.
b.
When only one side of a fence is finished, the finished side of all fences must face away from the lot on which it is located.
c.
Fence height is measured from the adjacent ground to the highest point except that decorative posts/pillars of a fence may exceed the maximum height by nine inches.
d.
If a fence of a greater height is required and/or a fence is required to be a solid fence by any other section of this ordinance or other City ordinance, then such fence is required.
e.
Fences are prohibited within any right-of-way, drainage easement, or any designated floodway.
f.
No barbed wire, spikes, nails, or any kind of pointed instrument may be installed on any railing, fence, guard, or other barrier or protection unless specifically allowed by the City Code.
g.
The following materials are prohibited in the construction of fences:
2.
Fences in residential districts and the C-T, C-1, C-D, C-V, and C-E Districts.
a.
Within the required front or reverse corner side setback, solid fences are limited in height to four feet and open fences are limited to a height of six feet. Chain-link fences or other similar wire materials are prohibited.
b.
Within the required minimum interior side or rear setback, fences are limited to a height of six feet (open or solid).
c.
Where a lot line abuts an arterial or collector street and the lot does not take access from that street, fences within that setback may be up to six feet in height and may be open or solid. Chain-link fences or other similar wire materials are prohibited.
d.
When constructed outside the required minimum setback, within the buildable area, all fences are limited to eight feet.
e.
Fences may be constructed at the boundaries of a lot without setback, except in the following circumstances:
i.
Fences are prohibited within a thirty-foot visibility triangle at the intersection of two streets as measured along the back of curb or edge of roadway pavement, as applicable.
ii.
Fences are prohibited within a ten-foot visibility triangle at the intersection of a street and an alley or at the intersection of a street and a private driveway as measured along the back of curb or edge of roadway pavement, as applicable, or along the driveway edge.
iii.
Fences are prohibited within a ten-foot visibility triangle at the intersection of two alleys as measured along the edge of alley pavement.
3.
Fences in all other districts.
a.
Within the required front or corner side setback, fences are limited in height to eight feet, unless the front or corner side lot line faces a residential district or is located within 50 feet of a residential district. When the front or corner side lot line faces a residential district or is located within 50 feet of a residential district, fences are limited to a height of four feet.
b.
Within the required minimum interior side or rear setback, fences are limited to a height of eight feet.
c.
When constructed outside the required minimum setback, within the buildable area, all fences are limited to eight feet.
d.
Fences may be constructed at the boundaries of a lot without setback except in the following circumstances:
i.
Fences are prohibited within a thirty-foot visibility triangle at the intersection of two streets as measured along the back of curb or edge of roadway pavement, as applicable.
ii.
Fences are prohibited within a thirty-foot visibility triangle at the intersection of a street and an alley or at the intersection of a street and a private driveway as measured along the back of curb or edge of roadway pavement, as applicable or along the driveway edge.
iii.
Fences are prohibited within a ten foot visibility triangle at the intersection of two alleys as measured along the edge of alley pavement.
FENCES IN ALL OTHER DISTRICTS  |
I.
Flagpoles.
1.
Flagpoles are limited to the maximum of three poles.
2.
Flagpoles are limited to a maximum height of the district or 40 feet, whichever is less.
3.
Flagpoles must be setback a minimum of five feet from any lot line.
4.
External illumination of flags is permitted but must be focused on the flagpole and flag.
J.
Flat Roof Features. Accessory rooftop features of a flat roof, such as green roofs, rooftop decks, rooftop gardens, and stormwater management systems are permitted below the parapet of any flat roof building, and are excluded from the calculation of maximum building height. Flat roof features must meet the following standards:
1.
For green roofs, rooftop gardens, and similar features, documentation must be submitted demonstrating that the roof can support the additional load of plants, soil, and retained water.
2.
For townhouse dwellings, rooftop decks or patios must have a guardrail or barrier that is minimum of 30% open and a maximum of four feet in height as measured from the surface of the roof deck or patio.
3.
Multi-family, mixed-use and nonresidential buildings must have a guardrail or barrier that is a minimum of 60% open design, and a maximum of four feet in height as measured from the surface of the roof deck or patio. If such guardrail or barrier is constructed of transparent acrylic or similar transparent material, it may exceed the maximum height by no more than one foot.
4.
The roof must contain sufficient space for future building operation installations, such as mechanical equipment.
K.
Detached Garages, Accessory Structures, and Carports for Single-Family, Single-Family Semi-Detached and Two-Family Dwellings.
1.
Only one detached garage, one shed, and one carport are permitted per lot. Where a lot contains a detached garage and a carport, such carport must be attached to and constructed as an extension of the detached garage.
2.
Detached garages, accessory storage buildings, sheds, and carports are permitted in the rear and interior side yards.
3.
Detached garages, accessory storage buildings, and carports are permitted in the corner side yard, subject to the following:
a.
Where there is no alley access, and the garage or carport is located in the corner side yard and takes access from the abutting street, the garage or carport must be set back at least 20 feet from the corner side lot line.
b.
Where there is no alley access, and the garage or carport is located in the corner side yard but does not take access from the abutting street, the garage or carport must be set back at least four feet from the corner side lot line.
c.
Any detached garage located in a corner side yard must be set back a minimum of five feet from the front building facade line.
4.
Where served by an alley or rear service drive, garages, parking pads for access, and carports must take access from the alley or rear service drive. If a lot abuts an improved public alley that provides adequate access to a street, the garage or carport is not permitted within the required corner side yard setback.
5.
On a double frontage or through lot, the rear yard shall be considered the street frontage adjacent to the street with the higher street hierarchy classification and for which no driveway access is provided. Accessory structures are permitted in the designated rear yard and are subject to the principal use setbacks.
6.
Detached garages and accessory buildings are subject to the following standards:
a.
Structures shall have the eaves of roof extend a minimum of one foot past the outside walls.
b.
Structures shall have a minimum 4/12 roof pitch.
c.
Structures shall not contain cooking facilities or plumbing. This does not apply if an accessory dwelling unit use has been approved, in which case those standards control.
d.
The design standards related to eaves, and roof pitch and metal finish do not apply to detached garages in the AG District or on lots 5 acres or greater in the R-1 District which have the detached garage and/or accessory storage building located in the rear yard.
7.
Accessory structure size and quantity restrictions do not apply to any structure accessory to an active agricultural use regardless of the presence of a single or two-family dwelling on said lot.
8.
Sheds must have the appearance of a professionally designed shed and be constructed of materials that professionals commonly use to construct sheds that are sold commercially. Once constructed, a shed must be kept weather-tight and in good repair and not appear in disrepair or be dilapidated.
9.
Carports are subject to the following:
a.
Carports must be located over a driveway.
b.
The total length of a carport is limited to 22 feet. The height of a carport is limited to 15 feet.
c.
A carport must be entirely open on at least two sides, with the exception of necessary support structures.
d.
Only carports located in the rear yard may be used as recreational vehicles storage.
Table 17.09-1: Bulk Requirements for Accessory Structures (Single-Family or Two-Family Lots) | ||||
|---|---|---|---|---|
Detached Garage | Accessory Storage Building | Carport | Shed | |
Area (maximum) | 50% of living area or 720 square feet, whichever is greater | 50% of living area or 720 square feet, whichever is greater | 576 square feet | 120 square feet |
Total Area: All Accessory Structures | The combined total area of all accessory structures on a lot shall not exceed the principal structure's living area. | |||
Structures Allowed (quantity) | 1 | No maximum; see total area restriction above | 1 | 1 |
Door Width (maximum) | No maximum | 6 feet | No maximum | 6 feet |
Height (maximum) | 20 feet | 20 feet | 15 feet | 20 feet |
Design Standards Applied* (Yes/No) | Yes | Yes | No | No |
Specific Design Standards: | ||||
a. | Structure shall have the eaves of roof extend a minimum of one foot past the outside walls. | |||
b. | Structure shall have a minimum 4/12 roof pitch. | |||
c. | Structures utilizing metal siding and/or roofing shall have a matte finish (or similar nonglare finish). | |||
e. | Structures shall not contain cooking facilities or plumbing. This does not apply if an accessory dwelling unit use has been approved, in which case those standards control. | |||
d. | Structures shall maintain the character of the surrounding neighborhood. | |||
*Exemption: | *Properties zoned R-1 and 5 acres or more are exempt from design standards if the building is located in the rear yard OR if the property is zoned AG District. | |||
L.
Home Occupation.
1.
Home occupations are permitted in any dwelling unit as an accessory use provided that this use is clearly incidental and secondary to the primary use of the dwelling for residential purposes and does not change the character of the dwelling unit or adversely affect the surrounding residential district of which it is a part.
2.
A member or members of the immediate family occupying the dwelling and no more than one person who is not a resident member of the immediate family may be in the home at any given time to work in connection with the home occupation.
3.
Home occupations of an office or service-related businesses with client visits are limited to one client at a time per home occupation in the structure.
4.
No alteration of the principal building may be made that changes the residential character of that dwelling. Displays or activities that indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence are prohibited.
5.
No commodities can be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.
6.
The home occupation and all related activity, including storage, must be conducted completely within the principal building or a permitted accessory structure.
7.
No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials may be used or stored on the site. There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located in excess of that normally associated with residential use.
8.
The home occupation cannot create greater vehicular or pedestrian traffic than is average for a residential area. The home occupation and any related activity must not create any traffic hazards or nuisances in public rights-of-way.
9.
Day care homes are not considered a home occupation and are regulated separately by this Code as a principal use in Chapter 17.08.
10.
The use or storage of tractor trailers, semi-trucks, or heavy equipment, such as construction equipment used in a commercial business, is prohibited.
11.
Repair and service of any vehicles or any type of machinery, small or heavy, is prohibited.
12.
Rental services, where any materials for rent are stored on-site and customers visit the residence to pick-up and return the product, is prohibited.
13.
The business of firearm transfers is prohibited.
N.
Mechanical Equipment. Mechanical equipment includes heating, ventilation, and air conditioning (HVAC) equipment, electrical generators, and similar equipment.
1.
Ground-mounted equipment.
a.
Mechanical equipment is permitted in the interior side or rear yard only.
b.
For multi-family and non-residential uses, ground-mounted mechanical equipment must be screened from public view by a decorative wall, solid fence, or year-round landscaping that is compatible with the architecture and landscaping of a development site. The wall, fence, or plantings must be of a height equal to or greater than the height of the mechanical equipment being screened.
2.
Roof-mounted equipment.
a.
For structures 40 feet in height, all roof equipment must be set back from the edge of the roof a minimum distance of one foot for every two feet in height.
b.
For structures less than 40 feet in height and for any building where roof equipment cannot meet the setback requirement of item a above, there must be either a parapet wall to screen the equipment or the equipment must be housed in solid building material that is architecturally integrated with the structure.
3.
Wall-mounted equipment.
a.
Wall-mounted mechanical equipment is not permitted on the front or corner side facade of the building.
b.
For multi-family and non-residential uses, wall-mounted mechanical equipment that protrudes more than 12 inches from the outer building wall must be screened from view by structural features that are compatible with the architecture of the subject building.
c.
Wall-mounted mechanical equipment that protrudes less than 12 inches must be designed to blend with the primary color and architectural design of the subject building.
d.
These requirements do not apply to window air conditioning units or satellite dishes, which are regulated separately.
O.
Outdoor Sales and Display (Accessory). These regulations apply only to outdoor sales and display located on the lot.
1.
Retail goods establishments and heavy retail establishments in the non-residential districts are permitted to have accessory outdoor sales and display of merchandise. Such merchandise must be customarily sold on the premises.
2.
All outdoor display of merchandise must be located adjacent to the storefront and not in drive aisles, loading zones, or fire lanes. It may be located in a parking lot so long as the minimum number of required parking spaces remain unobstructed.
3.
No display may be placed within three feet of either side of an active door, or within 15 feet directly in front of an active door.
4.
A minimum clear width for pedestrian traffic of five feet is provided and maintained along the sidewalk.
P.
Outdoor Storage (Accessory).
1.
Residential uses.
a.
Outdoor storage is prohibited in a required front, corner side, or interior side setback.
b.
Outdoor storage is prohibited in any area of the front yard or corner side yard.
c.
Outdoor storage on a residential lot must be maintained so as not to cause a nuisance, including the pooling of stagnant water, creation of pest issues, or leaking of oils.
2.
Nonresidential uses. The following uses are permitted outdoor storage: greenhouse/nursery - retail, including the growing of plants in the open, heavy retail establishments, heavy rental and service establishments, vehicle dealerships, vehicle rentals, vehicle operations facility, and vehicle repair/service - minor or major. The Zoning Administrator can also render an interpretation that a use not listed in this section would typically have outdoor storage and permit such use to include outdoor storage on the site. These uses are permitted ancillary outdoor storage in accordance with the following provisions:
a.
No outdoor storage is permitted in any public right-of-way or located so that it obstructs pedestrian or vehicular traffic.
b.
Outdoor storage is prohibited in a required interior side or corner side setback. Outdoor storage is prohibited in the front yard.
c.
All manufacturing, assembly, repair, or work activity must take place inside an enclosed building.
d.
Outdoor storage may be located in a parking lot so long as the minimum number of required parking spaces remain unobstructed.
Q.
Refuse and Recycling Containers. Refuse and recycling container regulations apply only to new construction of multi-family dwellings and non-residential uses as of the effective date of this ordinance.
1.
Refuse and recycling containers are prohibited in the front or corner side yard. No dumpsters may be located on any right-of-way, including alleys.
2.
Enclosures constructed as follows are required in all districts except the C-D and C-V Districts:
a.
All refuse and recycling containers must be fully enclosed on three sides by a solid fence, wall, or wall extension of the principal building a minimum of six feet and a maximum of eight feet in height. The wall or wall extension must be constructed as an integral part of the building's architectural design
b.
The enclosure must be gated. Such gate must be solid and a minimum of six feet and a maximum of eight feet in height. This requirement does not apply to refuse containers located adjacent to an improved alley.
c.
The gate must be maintained in good working order and must remain locked except when refuse/recycling pick-ups occur. The gate must be architecturally compatible with other buildings and structures on the site.
d.
Refuse and recycling containers must remain in the enclosure with the gate closed and/or locked.
R.
Satellite Dish Antennas.
1.
General requirements.
a.
Satellite dish antennas must be permanently installed on a building, in the ground, or on a foundation, and cannot be mounted on a portable or movable structure.
b.
Subject to operational requirements, the dish color must be of a neutral color, such as white or grey. No additional signs or advertising is permitted on the satellite dish itself, aside from the logos of the satellite dish service provider and/or dish manufacturer.
c.
Antennas no longer in use must be immediately removed.
d.
Every effort must be made to install satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.
2.
Additional standards for large satellite dish antennas. Large satellite dish antennas, which are greater than one meter (3.28 feet) in diameter, are subject to the general requirements above as well as the following requirements:
a.
Large satellite dish antenna are permitted only in the rear yard, and must be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.
b.
Roof-mounting is permitted only if the satellite dish antenna is entirely screened from public view along the right-of-way by an architectural feature.
c.
A large satellite dish antenna must be located and screened so that it cannot be readily seen from public rights-of-way or adjacent properties. Screening includes solid fences or walls or plant materials located to conceal the antenna and its support structure. Plants must be a minimum of five feet tall at the time of installation.
S.
Solar Panels.
2.
Building-mounted systems.
a.
A building-mounted system may be mounted on the roof or wall of a principal building or accessory structure.
b.
On pitched roof buildings, the maximum height a roof-mounted solar panel may rise is 18 inches.
c.
On flat roofed buildings up to 40 feet in height, the roof-mounted solar panel system is limited to a maximum height of six feet above the surface of the roof. On flat roofed buildings over 40 feet in height, the roof-mounted solar panel system is limited to 15 feet above the height of such structure. Roof-mounted solar energy systems are excluded from the calculation of building height.
d.
Wall-mounted solar panels may project up to 2.5 feet from a building facade and must be integrated into the structure as an architectural feature.
4.
Co-location. Solar panels may be co-located on structures such as wireless communication towers and light poles.
  SOLAR PANELS |
T.
Wind Turbines.
1.
Wind turbines may be designed as either vertical or horizontal axis turbines, or designs that combine elements of the different types of turbines.
2.
Wind turbines are subject to the following height restrictions:
a.
The maximum height of any ground-mounted wind turbine is the maximum height allowed in the district or 35 feet, whichever is less. A taller height may be allowed by special use.
b.
The maximum height of any wind turbine mounted upon a structure is 15 feet above the height of such structure.
c.
Maximum height is the total height of the turbine system as measured from the base of the tower to the top. For horizontal axis turbines, the maximum vertical height of the turbine blades is measured as the length of a prop at maximum vertical rotation.
d.
No portion of the exposed turbine blades of a horizontal axis wind turbine may be within 20 feet of the ground. The unexposed turbine blades of a vertical access wind turbine may be within 10 feet of the ground.
3.
Ground-mounted wind turbines are permitted only in the rear yard. The tower must be set back from all lot lines equal to the height of the system. No principal buildings may be located within this area.
4.
All wind turbines must be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.
  WIND TURBINES |
17.09.040 Permitted encroachments.
[Amended 6-10-2020 by Ord. No. 2020-233; Ord. No. 2019-195 § 5]
An encroachment is the extension or placement of an accessory structure or architectural feature into a required setback. Permitted encroachments are indicated in Table 17.09-2: Permitted Encroachments into Required Setbacks.
A.
Section 17.09.030 contains regulations on additional accessory structures and architectural features not listed in Table 17.09-2, which may include additional permissions or restrictions for their permitted encroachment into required setbacks.
B.
Unless constructed concurrently with the principal building, accessory structures or architectural features require a building permit, unless exempted by this section.
C.
Unless otherwise indicated, all accessory structures and architectural features must meet the requirements for general accessory structures (Section 17.09.030).
D.
Unless specifically indicated, reverse corner side setbacks are considered front setbacks for the purposes of Table 17.09-2.
E.
When an attached or detached accessory structure or architectural feature regulated by Table 17.09-2 is permitted to locate in a required setback, it also indicates permission to locate in the corresponding yard.
F.
When an accessory structure or architectural feature regulated by Table 17.09-2 is prohibited from encroaching in a required setback, the structure or architectural feature may be located in the corresponding yard beyond the required setback line unless specifically prohibited by the table.
Table 17.09-2: Permitted Encroachments into Required Setbacks | ||||
|---|---|---|---|---|
Y = Permitted // N = Prohibited | ||||
Max. = Maximum // Min. = Minimum | ||||
Front Setback | Corner Side Setback | Interior Side Setback | Rear Setback | |
Accessibility ramp | Y | Y | Y | Y |
Air Conditioner Window Unit | Y | Y | Y | Y |
Max. projection of 18 inches from building wall | ||||
No building permit required | ||||
Arbor | Y | Y | Y | Y |
No building permit required | ||||
Awning or Sunshade | Y | Y | Y | Y |
Max. of 2 feet from building wall | ||||
Does not include awnings used as a sign (See Chapter 17.12) | ||||
Balcony | Y | Y | Y | Y |
Max. of 6 feet into front, interior side, or corner side setback | ||||
Max. of 8 feet into rear setback | ||||
Min. of 4 feet from any lot line | ||||
Min. vertical clearance of 8 feet | ||||
Bay Window | Y | Y | Y | Y |
Max. of 5 feet into any setback | ||||
Min. of 24 inches above ground | ||||
Canopy (residential uses) | Y | Y | Y | Y |
Max. of 5 feet into any setback | ||||
Min. of 4 feet from any lot line | ||||
Max. 15 feet in width or no more than 3 feet extension on either doorway side, whichever is less | ||||
Does not include canopies used as a sign | ||||
(See Chapter 17.12) | ||||
Canopy (nonresidential uses) | Y | Y | Y | Y |
Max. of 18 feet from the curbline | ||||
Max. of 15 feet in width or no more than 3 feet extension on either doorway side, whichever is less | ||||
Does not include canopies used as a sign | ||||
(See Chapter 17.12) | ||||
Chimney | Y | Y | Y | Y |
Max. of 18 inches into setback | ||||
Deck | N | Y | Y | Y |
Max. of 5 feet into corner side or interior side setback | ||||
Max. of 10 feet into rear setback | ||||
Max. height of 5 feet above grade | ||||
Doghouse | N | N | N | Y |
Prohibited in front or corner side yard | ||||
No building permit required | ||||
Eaves | Y | Y | Y | Y |
Max. of 4 feet into setback | ||||
Exterior Stairwell | N | Y | Y | Y |
Max. of 6 feet into setback | ||||
Prohibited in front yard | ||||
Fire Escape | N | Y | Y | Y |
Max. of 3 feet into setback | ||||
Prohibited in front yard | ||||
Fire Escape | N | Y | Y | Y |
Max. of 3 feet into setback | ||||
Prohibited in front yard | ||||
Gazebo or Pergola | N | N | Y | Y |
Prohibited in front yard | ||||
Greenhouse | N | N | Y | Y |
Min. of 5 feet from any lot line | ||||
Prohibited in front and corner side yard | ||||
Personal Recreation Game Court | N | N | N | Y |
Prohibited in front and corner side yard | ||||
Min. of 4 feet from any lot line | ||||
Playground Equipment | N | N | N | Y |
Prohibited in front and corner side yard | ||||
Min. of 4 feet from any lot line | ||||
(This does not apply to backstops and portable basketball nets, which are allowed in any yard) | ||||
Porch - Unenclosed | Y | Y | Y | Y |
Max. of 5 feet into front, interior side, or corner side setback | ||||
Max. of 10 feet into rear setback | ||||
Enclosed porches are considered part of the principal structure | ||||
Shed | N | N | Y | Y |
Prohibited in front yard | ||||
Min. of 4 feet from any lot line | ||||
Sidewalk | Y | Y | Y | Y |
No min. setback from lot lines | ||||
Sills, belt course, cornices, and ornamental features | Y | Y | Y | Y |
Max. of 3 feet into setback | ||||
Stoop | Y | Y | Y | Y |
Max. of 5 feet into setback | ||||