Sections:

Sections:

Sections:

In interpreting and applying the ordinance codified in this chapter, the provisions in this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare.

(Ord. 17-2003 § 1 (part))

A structure not completed within one year of beginning construction shall constitute a violation of this title unless a performance guarantee is provided to the city in accordance with Section 17.204.010.

(Ord. 17-2003 § 1 (part))

A.

Any lawfully created lot or parcel is a legal lot of record for purposes of this chapter.

B.

The use or development of any legal lot of record shall be subject to the regulations applied to the property when such development or use is commenced, regardless of the lot width, street frontage, depth or area, but subject to all other regulations. However, no dwelling shall be built on an existing, lawfully created, lot of less than five thousand (5,000) square feet in area.

(Ord. 17-2003 § 1 (part))

New structures that are proposed to be constructed on lots abutting an existing public street that does not meet the minimum standards of Chapter 17.52 for right-of-way width shall provide setbacks sufficient to allow for the future widening of the right-of-way. Building permits shall not be issued unless yard setbacks equal to the minimum yard requirements of the zoning district plus the required minimum additional right-of-way width is provided.

(Ord. 17-2003 § 1 (part))

A.

The owner(s) of property upon which application for permits for new construction shall be responsible for the improvement of all boundary streets.

B.

Prior to approval of an application for a permit for new construction where all boundary streets do not meet or exceed the requirements of Gervais public works construction standards, the following action shall be taken:

1.

A partial street improvement, including curbing, sidewalk and piped storm drainage shall be installed in conformance with plans reviewed and approved by the city engineer in all boundary streets; or an improvement deferral agreement, see Section 17.204.030, shall be filed.

2.

A partial street improvement, referenced in Section 17.120.050(B)(1), above, shall consist of a pavement width equal to three-fourth of the width designated for the boundary street by the transportation element of the general plan or seventeen (17) feet, which ever is the greater.

3.

The city may require all or a portion of the improvements be deferred if it is in the interest of the city to do so because of programmed future construction or safety considerations. A non-remonstrance agreement may be required in lieu of a deferral agreement as specified in Section 17.204.030.

(Ord. 17-2003 § 1 (part))

Nothing in this title shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe.

(Ord. 17-2003 § 1 (part))

Projections such as chimneys, spires, domes, elevator shaft housing, towers, aerials, flagpoles, and other similar objects not used for human occupancy are not subject to the building height limitations of the underlying zone.

(Ord. 17-2003 § 1 (part))

Public or quasi-public buildings, hospitals, places of worship and educational institutions may be constructed to a height not to exceed forty-five (45) feet provided the required yards are increased one foot for each foot of additional building height above the height regulation for the zone.

(Ord. 17-2003 § 1 (part))

Setback restrictions of this title shall not apply to existing structures whose setback is reduced by a public dedication.

(Ord. 17-2003 § 1 (part))

Setback limitations stipulated elsewhere in this title may be modified as follows:

A.

Bus shelters that are intended for use by the general public and are under public ownership and/or control shall be exempt from setback requirements.

B.

Side and rear yards of underground structures may be reduced to three feet except all openings into the structure, including doors, windows, skylights, plumbing, intake and exhaust vents, shall meet the minimum setbacks of the district.

(Ord. 17-2003 § 1 (part))

The following uses and activities are permitted in all zones:

A.

Placement and maintenance of underground or above ground wires, cables, pipes, guys, support structures, pump stations, drains, and detention basins within rights-of-ways by public agencies and utility companies for telephone, TV cable, or electrical power transmission, or transmission of natural gas, petroleum products, geothermal water, water, wastewaters, sewage and rainwater; and

B.

Railroad tracks and related structures and facilities located within rights-of-ways controlled by a railroad operator.

(Ord. 17-2003 § 1 (part))