A.

It is unlawful to construct or locate in any residential area private garages or other accessory buildings without a permissive main building, except a temporary building may be allowed pending the erection and completion of a permanent use; provided, that no permit shall be issued for any temporary structure unless a permit also is issued at the same time for the permanent building, and the temporary building is either removed or converted to an allowed use upon the completion of the main building.

B.

A detached accessory building not exceeding fifteen feet high may occupy not more than one-half of the total rear yard area if not closer than five feet to the rear property line.

C.

In case of a corner lot abutting two streets, no accessory building shall be erected so as to encroach upon the front half of such lots.

(Ord. 703 §1(part), 2005).

A.

No lot or parcel shall be so reduced in area so as to be less in any dimension than is required by the regulations applicable to the land use district in which located.

B.

No portion of any lot or parcel which is part of required area for one building shall be used as a part of required area for any other building. When a portion of any lot or parcel is sold or transferred and the area of that portion or the portion remaining no longer conforms to the required area as defined in the respective land use district, the portion sold and the portion remaining shall be considered as one parcel only in determining the allowable number and location of buildings on both parcels.

(Ord. 703 §1(part), 2005).

A.

Townhouse and condominium developments may be constructed in R-1, R-2 and R-C zones subject to the maximum density requirement established for each zone (i.e., five thousand square feet of land area per residential unit required in zone R-1, two thousand square feet of land area per residential unit required in zone R-2 and R-C). A special use permit shall be required for this type construction in an R-1 zone. The land area saved by grouping living units shall be used for common open space. The area and yard requirement regulations established in Sections 21.28.020 and 21.28.030 of this chapter do not apply to townhouses, condominiums and planned unit developments.

B.

Existing setback requirements for each zone shall apply to the perimeter of the parcel being developed and to the separation between buildings only.

C.

Existing parking requirements for each zone shall apply to townhouses, condominiums and planned unit developments.

D.

Planned unit development is permissible in all residential zones subject to approval of plans, specifications and the issuance of a special use permit.

E.

Applicable sections of Title 20 of the Municipal Code shall apply to the development plans and specifications requirement for the above types of development.

(Ord. 703 §1(part), 2005).

Overlay districts may be established by the city council in all residence districts, including E-1, E-2, R-1, R-2 and R-C, to allow zero setbacks on side yards.

A.

Zero side setbacks may be established on lot lines common to two adjacent lots to allow for the construction of common-wall residences.

B.

Setbacks on the opposite sides of the lots from the zero setback shall be as set forth within each respective district but in no case, less than fifteen feet.

C.

Permitted uses, required area and width, front and rear yard requirements and parking requirements shall conform to the requirements as set forth within each respective district.

D.

A map shall be prepared indicating which lot lines are subject to the zero setback. This designation may be shown on a final subdivision map, a parcel map or other map approved by the city council.

(Ord. 703 §1(part), 2005).

No required yard or open space around an existing building or other buildings hereafter erected shall be considered a yard or open space for any other building on an adjoining lot or parcel.

(Ord. 703 §1(part), 2005).

On through lots, the lot line on either end may be considered the front line, in which case the minimum rear yard shall not be less than is required as a front yard in the respective land use district.

(Ord. 703 §1(part), 2005).

A.

An outside stair or landing place, if unroofed or unenclosed, may extend into a rear yard not to exceed five feet.

B.

A detached accessory building may occupy a portion of the rear yard subject to the provisions of this chapter.

(Ord. 703 §1(part), 2005).

A.

On a corner lot, the building line from the street running parallel with the side line of such lot shall be not less than the front yard as required in that district except in the R-1 residence zone as noted.

B.

Outside stairs or landing places, if unroofed or unenclosed, may extend into a side yard not to exceed three feet.

C.

Any lot having a dwelling classified in Group R, Division 3 (i.e., single-family and duplex units), according to the Uniform Building Code, 1985, shall have a minimum ten-foot side yard setback to building line if there are no other provisions for rear yard access; all other residential classifications shall have a minimum five-foot side yard setback limit to building line. If this provision is in conflict with a more stringent condition for side yard setback in a zoned land use elsewhere in this title, that provision shall prevail.

(Ord. 703 §1(part), 2005).

A.

Limitations and requirements on the height of fences are established to remove dangerous obstructions to vision, to promote public safety on streets, to limit access to attractive nuisances and to enhance the general appearance of the city.

B.

"Fence" means walls, barriers, signs, hedges, plantings and other obstacles which may obstruct vision.

"Height" means the measurement from ground level to the top of the fence or visual obstruction taken from either side of said obstacle.

"Ground level" shall be the finish grade immediately adjacent to the fence or obstacle being measured.

"Clear vision zone" is the triangle formed by the lot lines parallel to the intersection of a street with another street, alley or railroad (as two sides of the triangle) and the straight line drawn through points on the lot line twenty feet distance from the intersecting lot lines (as the third side of the triangle).

C.

Except as provided in Sections 21.28.081, 21.28.082 and 21.28.083 of this chapter, fences and walls which are located in required yards shall not exceed six feet in height. Whenever a fence is built on a common lot line, the more stringent requirement for fence height shall prevail for that common portion between lots.

(Ord. 703 §1(part), 2005).

A.

Fences located within the required front yard of any lot or the clear vision zones of a corner lot shall not exceed three feet in height; however, a four-foot nonvisual barrier (e.g., chain link) may be substituted for a three-foot fence whenever a three-foot fence is stipulated in requirements.

B.

Fences within the clear vision zone created by two intersecting alleys may slope or graduate from a three-foot height at the intersecting lot lines up to six-foot height over a twenty-foot distance from the corner. Alternatively, a six-foot fence may be constructed along the diagonal of the clear vision zone and the remaining sides of being a three-foot fence or sloped from three-foot to six-foot as previously described.

(Ord. 703 §1(part), 2005).

Yards having a swimming pool or similar attractive nuisance, which cannot be effectively contained or protected by itself, shall be protected by the installation and maintenance of a fence eight feet in height.

(Ord. 703 §1(part), 2005).

Chain link fences in the M-1 zone may exceed the six-foot height limitation; provided, that the chain link remains open. However, if any other provisions of this title requires the installation and maintenance of a solid fence for screening or other purpose, that requirement shall supercede the foregoing provision for open chain link.

(Ord. 703 §1(part), 2005).

Barbed-wire fences in required yards are prohibited in all zoning districts, except as provided by variance, and except that not more than three strands of barbed wire may be strung on the top of permitted chain link fencing six feet in height or greater located in an M-1 zone or other industrial district.

(Ord. 703 §1(part), 2005).

In no case may a fence or wall be located in, or extended into, any public right-of-way or easement, except to the extent that a revocable permit has been issued by the city engineer through the building department (see also Section 17.08.010 of this code). Revocable permits may be issued by the city council or pursuant to ordinance for fencing located within rights-of-way or easements determined to be through ways for services and improvements, including but not limited to: roads, alleys, drainage course, sewer, water, power, gas, telephone and cablevision.

(Ord. 703 §1(part), 2005).