On through lots one hundred fifty feet or less in depth, the height of a building on the lot shall be based on the permitted building height on the street on which the building fronts (measured from the exiting grade of the sidewalk). On through lots more than one hundred fifty feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of more than one hundred fifty feet from that street. (See Chapter 17.08 of this code for definition.)

(Prior code § 9245.1)

The following structures may exceed building height limits prescribed for any zone:

A.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building;

B.

Fire or parapet walls, skylights, flagpoles (not including used for signage in accordance with Section 17.62.070(B)(3), chimneys, smokestacks, antennas, and similar structures;
Provided, that no structure referred to shall be used for the purpose of providing additional usable floor space.

(Prior code § 9245.2)

A.

A building or structure shall not be erected or maintained on a lot which abuts a street having only a portion of its required width dedicated unless sufficient yards are provided to complete the road width, plus the width or depth of the yards required on the lot. This section applies to all zones, whether or not the yards are required.

B.

This section does not require a yard that would reduce the buildable width of a corner lot to less than forty feet.

(Prior code § 9245.3)

All corner and reversed lots shall maintain for vision purposes a triangular area which is fifteen feet from the corner, measured along the front and side lot lines. Within the area comprising the triangle no tree, fence, shrub, building or other physical obstruction higher than thirty-six inches above the established grade shall be permitted (see Exhibit 17.50.040.)

EXHIBIT 17.50.040

FRONT LOT LINE

(Prior code § 9245.4)

The following intrusions may project thirty inches into any required yard unless otherwise noted:

A.

Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features;

B.

Fireplaces not wider than eight feet measured along the wall to which it is attached;

C.

Stairways, balconies and fire escapes;

D.

First floor uncovered porches and platforms may extend six feet into the front yard;

E.

Planting boxes or masonry planters not exceeding thirty-six inches in height;

F.

Guard railings needed for safety purposes.

(Prior code § 9245.5)

When a lot legally of record as of July 2, 1956, has less than the minimum required area, width or depth, such lot shall be deemed to have complied with the minimum lot size requirements in any zone. When an R-3 or R-4 lot legally of record prior to April 28, 1986, has at least five thousand square feet such lot shall be deemed to have complied with the minimum lot size in the respective zone.

(Prior code § 9245.6)

The provisions of this code shall not limit or interfere with the installation, maintenance and operation of pipelines for transmission or distribution of water, gas, or other public utilities, or electric or telephone transmission lines, or railroads, when located in accordance with the rules and regulations of the Public Utilities Commission of the state to the extent that the same are applicable, upon property or within rights-of-way, easement or franchises authorized and available for such purpose.

(Prior code § 9245.7)

Except as provided herein, every required yard shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of this code shall be considered as providing a yard or open space for any other building, and no yard or open space on any adjoining property shall be considered as providing a yard or open space on a building site whereon a building is to be erected.

(Prior code § 9245.8)

When the common boundary line separating two contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building site and the yard spaces as required by this code shall then not apply to such common boundary line.

(Prior code § 9245.9)

Where two or more buildings are, by definition of this code, considered main buildings, then the front yard requirement shall apply only to the building closest to the front lot line.

(Prior code § 9245.10)

The planning commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required yards in all residential zones where geometric shape and dimensions of topography are such as to make the literal application of such required yards impractical. After the adoption of such formula or standard practices, they shall be applied as an administrative act.

(Prior code § 9245.11)

The minimum width of the side yard upon which dwellings front shall be not less than ten feet.

(Prior code § 9245.12)

Where two-family dwellings or multiple-family dwellings, group houses, court apartments or row dwellings are arranged so that the rear of such dwellings abut upon the side yards, and such dwellings have openings onto such side yards used as a secondary means of access to the dwellings, the required side yards to the rear of such dwellings shall be increased by one foot for each dwelling unit having such an entrance or exit opening into or served by such yard, provided such increase need not exceed five feet.

(Prior code § 9245.13)

Any building which is the only building on a lot or building site is a main building unless authorized by variance.

(Prior code § 9245.14)

Through lots one hundred eighty feet or more in depth may be improved as two separate lots, with the dividing line midway between the street frontages; and each resulting one-half shall be subject to the controls applying to the street upon which such one-half faces. If such resulting one-half is below the minimum lot area as determined by this code, then no division may be made and only one single-family dwelling may be erected upon such lot. If the whole of any through lot is improved as one building site, the main building shall conform to the zone classification of the frontage occupied by such main building, and no accessory building shall be located closer to either street than the distance constituting the required front yard on such street.

(Prior code § 9245.15)

No lot area shall be so reduced or diminished that the lot area, yards or other open spaces shall be smaller than prescribed hereby, nor shall the density of population be increased in any manner except in conformity with regulations established by this code.

(Prior code § 9245.16)

Greater lot areas than those prescribed in the various zones may be required when such greater areas are established by the adoption of a precise plan in the manner prescribed by law, designating the location and size of such greater required areas.

(Prior code § 9245.17)

When any lot in any zone contains a greater area than the required minimum area of the zone in which it is contained, then each unit of the required minimum area contained in such lot may be utilized as a separate lot; provided, that all requirements of the zone in which it is contained are met; and further provided, that any such division does not result in more than four lots and that each lot thus created complies with the provisions of Title 16 of this code; and further provided, that each such lot has a minimum twenty-five foot frontage upon a dedicated public thoroughfare.

(Prior code § 9245.18)

The depth of the required front yard on lots facing directly upon the arc of a cul-de-sac shall be measured on an arc parallel to the front property lines comprising the arc of the cul-de-sac and being a distance therefrom one-half the required front yard depth as prescribed for each zone. This modified front yard shall extend around the circumference of the cul-de-sac only to the points at which the rear lines of the required front yard, on the portions of the street not located on the cul-de-sac, extended, intersects the arc representing the rear line of the modified required front yard.

(Prior code § 9245.19)

Notwithstanding the modified required front yard around a cul-de-sac, the depth of the standard required front yard shall continue to be used in determining the required width of a lot on a cul-de-sac.

(Prior code § 9245.20)

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction of major construction projects may be established and maintained during the progress of such construction on such project, and shall be abated within sixty days after completion or sixty days after cessation of work.

(Prior code § 9245.21)

Notwithstanding any other provision of this code to the contrary, no lot shall be created after the effective date hereof, unless the same has not less than twenty-five feet of frontage on a public street, or upon an area devoted to off-street parking facilities.

(Prior code § 9245.22)

Metal prefabricated structures may be used to house emergency (disaster) equipment and supplies in any zone and shall not be considered a habitable structure for zoning purposes; provided, that:

A.

Such shelter shall not be used for any other purpose than emergency equipment and supply shelter; and

B.

Such shelter shall be painted the same color as, or an aesthetically complementary color to, the primary structure on site; and

C.

If visible from a public street, the structure shall be screened by a six foot view-obscuring fence, wall or view-obscuring landscape hedge (as permitted by the zone) lying parallel to the right-of-way; and

D.

The location and size of the shelter and access point into the shelter shall be approved by the fire department and the planning division per an approved site plan which includes, among standard site plan information, additional information with respect to any nearby utility lanes; and

E.

The shelter may not be placed on top of, or obstruct required parking; and

F.

If any of the items set out in subsections A through E of this section are not met, a conditional use permit, or conditional use permit modification (if a CUP already exists on the site) must be approved for the shelter.

(Prior code § 9245.23)