Palm Desert City Zoning Code
CHAPTER 25
40 SITE DEVELOPMENT PROVISIONS
§ 25.40.010 Purpose and Applicability.
The development standards contained within this chapter supplement the development standards and special provisions that apply within each use district. The general provisions and the special standards shall govern all uses and structures in every zone in addition to the development standards within each zone. No structure or use may hereafter be constructed, substantially changed, relocated, operated, occupied, established, or maintained on a lot unless it conforms to all the general provisions and the development standards that apply within the zone in which it is located.
(Ord. 1259 § 1, 2013)
§ 25.40.020 Yard Measurements.
A.
Yard measurements. Required front, side, and rear yards shall be measured as the minimum horizontal distance from the property line of the site or street right-of-way line to a line parallel thereto on the site, except:
1.
Where a specific street plan has been adopted by the Council, site area and required yards shall be measured from the plan line, and no provisions of this title shall be construed to permit a structure or use to extend beyond such line.
2.
Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.
B.
Lot width reductions for cul-de-sacs and knuckles. No site shall have less than the required lot width as prescribed in the applicable zone district, except lots fronting on cul-de-sac or knuckle streets may have 35 feet of frontage.
Figure 25.40-1: Lot Types  |
C.
Width of corner lots. Corner lots shall have extra width in addition to the width prescribed in the zoning schedule at least equal to the width of the minimum interior side yard prescribed for a main structure in the district and in no case shall the lot width be less than 80 feet.
Figure 25.40-2: Width of Corner Lots  |
D.
Side and rear yards—Requirements and exceptions. In addition to the regulations prescribed within each residential use district, the following regulations shall apply:
1.
On the street side of a corner lot the side yard shall not be less than 10 feet.
2.
On a reversed corner lot the minimum rear yard may be not less than the minimum side yard prescribed for the district if the side yard adjoining the street is not less than the required front yard on the adjoining key lot, or 15 feet, whichever is greater.
3.
On the side street side of corner lot, the minimum side yard for a garage, carport, or off-street parking space required to serve a dwelling in a residential district shall be 20 feet.
Figure 25.40-3: Side and Rear Yard Requirements  |
E.
Front, side and rear yard setback exceptions.
1.
Front and/or rear yard setbacks may be reduced by up to 25 percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e., a 50-foot wide dwelling which chooses to utilize a 25 percent reduction for 25 feet of its width must provide a setback at least 25 percent greater than the minimum prescribed setback for the remaining 25 feet of its width).
i.
Notwithstanding the preceding, in the R1 8,000 district the minimum rear yard may be reduced to 10 feet provided that the average of the rear yard setback complies with the 15-foot requirement.
ii.
Notwithstanding the preceding in the R1 district, the required minimum front setback to a garage door shall be 20 feet measured from the property line and for a side entry garage 16 feet measured from the property line. To encourage the rehabilitation of older units and the provision of off-street parking within garages, on lots with existing homes that are legal nonconforming because they do not provide a minimum of 2 covered off-street parking spaces, the required minimum front setback to a garage door shall be 26 feet measured from street curb face.
2.
In addition to the provisions of subsection A of this section, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20 percent upon a showing that:
i.
The lot in question is irregular in shape (i.e., the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than 4 boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and
ii.
The ARC makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood.
3.
In order to encourage rehabilitation of older dwelling units and to provide shaded parking for vehicles, the ARC may approve well designed carport structures with a minimum setback of 20 feet to be measured from the curb face to the front edge of the carport structure. Side-in carport structures may be approved to a minimum setback of 16 feet measured from the curb face to the nearest projection of the carport. In approving such setback, the ARC shall send a notice to property owners within 300 feet of the property and make a determination that the reduced setback will not have a detrimental impact on the neighborhood, taking into account the opinions of nearby property owners and any property owners associations.
Figure 25.40-4: Front and Rear Yard Setback Exceptions  |
 |
(Ord. 1259 § 1, 2013)
§ 25.40.030 Projections into Required Setbacks.
A.
Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project into required yard areas as identified in Table 25.40-1 (Projections).
Table 25.40-1: Projections 6 | ||
|---|---|---|
Maximum Projection into Required Setbacks | Minimum Setback from Property Lines | |
All projections (unless otherwise specified) | ||
- Front, rear, or street side yard | 6′-0″ | 3′-0″ |
- Internal side yard | 2′-0″ | 3′-0″ |
Oriel or bay window1 | ||
- Front, rear, or street side yard | 3′-0″ | 3′-0″ |
- Internal side yard | 2′-0″ | 3′-0″ |
Porches and steps2 | ||
- Front, rear, or street side yard | 6′-0″ | 3′-0″ |
- Internal side yard | 2′-0″ | 3′-0″ |
Balconies (over 6′-0″ above ground) | ||
- Front or rear yard | 6′-0″ | 5′-0″ |
- Internal side yard | 5′-0″ | 5′-0″ |
- Street side yard | 5′-0″ | 3′-0″ |
Open stairways3 (all yards) | 4′-0″ | 3′-0″ |
Covered patios4 | ||
- Rear yard | 8′-0″ | 3′-0″ |
- Side yard (within 35 feet of rear lot line) | 5′-0″ | 5′-0″ |
- Maximum coverage of rear yard | 50% | |
Underground structure5 | No limit | 5′-0″ |
Notes: | |
1 | Limited to a maximum width of 10′-0″ or 50% of façade length, whichever is greater. |
2 | No roof. The railing height from ground level (measured at property line) to the top of the railing cannot exceed 6′-0″. |
3 | Open, unenclosed fire escapes and fireproof outside stairways. |
4 | Attached to a main structure only. If detached, the patio cover is considered an accessory structure. |
5 | Maximum height of any underground structure from grade (at property line) is 2′-0″. |
6 | All portions of accessory dwelling units (ADUs) and junior accessory dwelling units shall comply with the minimum required setbacks established under Section 25.34.030. |
Figure 25.40-5: Projections into Required Setbacks  |
B.
Projections over public property in commercial zones. Building projections into public rights-of-way in commercial zones shall be regulated by the currently adopted Uniform Building Code.
(Ord. 1259 § 1, 2013; Ord. 1393 § 16, 2023)
§ 25.40.040 Height Measurements.
A.
Height measurement (building). Established by a vertical measurement from the average elevation of the finished grade to the highest point of the structure directly above; provided that a roof shall be measured to the highest point of the roof.
Figure 25.40-6: Measuring Building Height  |
B.
Tower elements. Height of towers, spires, cupolas, chimneys, water tanks, flagpoles, monuments, scenery lofts, radio and television aerials, and antennas except home satellite receivers, commercial transmission towers, fire towers and similar structures and necessary mechanical appurtenances:
1.
Shall not cover more than 10 percent of the ground area covered by the structure.
2.
Shall be erected to a height of not more than 65 feet or not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located, whichever is less.
3.
Utility poles and towers shall not be subject to the height limits prescribed in any district regulations.
4.
The height limits do not apply to ground-mounted commercial communication towers or building-mounted commercial communication antennas. Height of said ground-mounted commercial communication towers and/or building-mounted commercial communication antennas shall be as prescribed in Section 25.34.130 (Communication Tower and Antenna Regulations).
Figure 25.40-7: Tower Element  |
(Ord. 1259 § 1, 2013)
§ 25.40.050 Accessory Buildings and Structures.
Detached accessory buildings and structures, except as otherwise controlled by this chapter or located within the building envelope established by the zoning district, shall be subject to the following regulations:
A.
Placement requirements. The placement or construction of an accessory building or structure on a parcel shall not exceed the maximum lot coverage allowed by the zone. Accessory buildings or structures are permitted on residential properties subject to the following placement requirements:
1.
In the rear yard setback, subject to the standards listed below.
2.
In the side yard setback, if the following conditions can be met:
i.
The side yard is enclosed by a solid wall or fence,
ii.
The maximum structure height does not exceed 7 feet,
iii.
The structure is set back a minimum of 3 feet from the side yard property line,
iv.
The placement of the structure shall not block any required emergency ingress or egress (minimum of 3 feet) to or from the residence.
B.
Enclosed buildings. Enclosed buildings including, but not limited to, storage sheds, greenhouses, and detached garages are permitted subject to the following:
1.
Enclosed buildings less than, or equal to, 8 feet in height are permitted on all residential lots, with a minimum set back from a property line a distance equal to its height.
2.
Enclosed buildings greater than 8 feet in height, but less than 14 feet in height, are permitted on lot sizes greater than 12,000 square feet in area. Enclosed buildings shall not occupy more than 25 percent of the required yard setback, and shall be set back from any property line a distance equal to its height.
3.
Enclosed buildings greater than 14 feet in height are permitted on lot sizes greater than 40,000 square feet in area. Buildings and structures with a maximum height of 18 feet, one-story, and with a set back from property line at a distance equal to its height, may be permitted subject to approval of a conditional use permit as described in Section 25.72.050.
C.
Open structures. Open, non-habitable, structures, including, but not limited to, playground equipment, gazebos, arbors and trellises, are permitted with a maximum height of 10 feet above grade and if set back from property lines a distance equal to the structure's height. Playground equipment and other structures with elevated platforms are limited to a maximum platform height of 5 feet. Structures with elevated platforms shall require additional landscape screening to restrict views into neighboring residences. Landscape improvements shall include placement of shrubs and trees along the rear and side property lines.
D.
Temporary structures. Temporary structures including, but not limited to, fabric tents, are permitted for placement outside of the standards listed above. No single property shall place any temporary structure for a length of time greater than 4 consecutive days and no more than 5 times per calendar year.
E.
Prohibited structures. Roof decks and roof deck structures are prohibited.
F.
Non-conforming accessory buildings and structures. Existing accessory buildings and structures located on private property at the time of the ordinance codified in this chapter, which do not comply with the requirements of this chapter as amended, shall be deemed non-conforming uses, and shall be made to comply, be removed, or demolished within 1 year of the ordinance codified in this section being adopted.
(Ord. 1259 § 1, 2013; Ord. 1267A § 1, 2014)
§ 25.40.060 Swimming Pools and Equipment.
Private swimming pools and equipment shall be permitted on residential lots in accordance with the standards listed below.
1.
The water perimeter of the pool shall be no closer than 5 feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to 2 feet from the property line.
2.
All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view.
3.
Swimming pool equipment shall be located a minimum of 5 feet from any property line. With appropriate structural documentation, the minimum setback may be reduced to 2 feet from the property line.
Figure 25.40-8: Swimming Pools and Equipment Standards  |
(Ord. 1259 § 1, 2013)
§ 25.40.070 Private Tennis Courts and Sports Courts.
Private tennis courts/sports courts are subject to review and approval by the ARC and shall be constructed consistent with the following:
1.
A minimum 10-foot setback shall apply from side and rear property lines, and a minimum 20-foot setback shall apply to the front property line.
2.
No more than 1 tennis court and 1 sports court for each residential parcel of land unless a conditional use permit in accordance with Section 25.72.050 is approved by the Commission.
3.
Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the property owner and guests or tenants of the property owners.
4.
All tennis courts/sports courts fencing shall not exceed 10 feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping.
5.
A landscape and irrigation plan shall be provided for review and approval by the ARC.
6.
If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 (Outdoor Lighting Requirements).
7.
If the tennis/sports court is depressed at least 4 feet below the existing grade or the fence is no more than 6 feet above the adjacent grade then the court may be located to within 5 feet of the side and rear property lines.
8.
Design and orientation of new or converted sports courts shall be subject to ARC review to ensure minimal impacts on adjacent properties. Applications for new or modified sport courts shall submit documentation demonstrating the proposed sport court will not cause adverse noise impacts to residential uses on adjacent properties.
Figure 25.40-10: Private Tennis Courts and Sports Courts  |
(Ord. 1259 § 1, 2013; Ord. 1393 § 17, 2023)
§ 25.40.080 Fences and Walls.
A.
Purpose and applicability. The development standards provided in Table 25.40-2 (Location, Height and Material Standards by Fence Type) apply to fences and walls within the RE, R-1, R-2, R-3 and PR district on residential lots. The purpose is to specify location, material, and review procedures to remove all ambiguity and achieve consistency throughout the City. The objective is to protect and reconcile the often conflicting goals of aesthetics, privacy, security, view sight lines, and drainage.
B.
Review procedures. All applications for fences and walls may be subject to on-site inspection prior to approval. Photographs of the subject property and adjacent properties may be sufficient to demonstrate any impacts the wall(s) may create. In addition, retaining walls will require approval by the public works department.
C.
Wall requirement—New residential construction. All new residential construction shall include walls or fences of a minimum of 5 feet in height enclosing rear and interior side yards.
Table 25.40-2: Location, Height and Material Standards by Fence Type | |||
|---|---|---|---|
Fence Type | Location | Height (max or range) | Materials |
Walls and Fences in Front and Side Setbacks | |||
Short fence | 7′-0″ from curb face1 | 3′6″ | Decorative materials including decorative blocks, stucco or wrought iron |
Moderate height fence | 15′-0″ from curb face1,2 | 3′7″ to 4′11″ | Decorative materials including decorative blocks, stucco or wrought iron |
Tall fence | 20′-0″ from curb face | 5′ to 6′ | Decorative materials including decorative blocks, stucco or wrought iron |
Walls and fences at or behind building setbacks, visible from ROW | Behind front building setback (side yard tie-in fences, interior side yard and rear-yard fences) | 6′-0″ | Decorative block, precision block stuccoed or painted to match house; wrought iron |
Walls and fences, not visible from ROW | Behind front building setback | 6′-0″ | Block—all types; redwood, cedar or other approved decay-resistant wood product; wrought iron |
Retaining walls and combinations of retaining and wrought iron fences (cut slope) | Rear or interior side property line associated with a cut slope | 6′-0″ (highest adjoining grade) | Decorative block, stucco or wrought iron |
Retaining walls (fill slope) | Rear or interior side property line associated with a fill slope | 6′-0″ (lowest adjoining grade)3 | Solid wall materials |
Combinations of retaining and wrought iron fences (fill slope)4 | Combinations of solid retaining walls and wrought iron fences located on a rear or interior side property line associated with a fill slope | 9′-0″ (lower adjacent grade) 6′-0″ (maximum combination fence height measured from the higher adjacent grade) | Decorative block and/or stucco and wrought iron |
Notes | |
1 | Fences are not permitted within the public right-of-way. |
2 | Site inspection or photos shall ensure that visibility adjacent to driveways and street corners shall not be impaired. |
3 | Where a fill slope retaining wall is proposed adjacent to a vacant lot which does not currently meet the City's grading ordinance, the City engineer shall determine the lower adjacent grade based upon an assessment of the minimum grade required on that vacant lot to meet the grade elevation drainage requirements. |
4 | In addition, the department of public works may require additional measures to mitigate adverse impacts of fill conditional according to the City's grading ordinance. |
Figure 25.40-11: Walls and Fences in a Residential Zone  |
D.
Maintenance of nonconforming fences.
1.
Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. All repair and replacement of fence material shall be treated, painted, or finished so that the newer portions of the fence are indistinguishable from the existing fence. Changes in fence design or material type are not considered repair and shall be required to conform to the location and material standards listed in subsection C of this section.
E.
Exceptions procedures.
1.
ARC Review. Requests for exceptions to the above standards may be reviewed and approved subject to the following findings:
i.
That unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section.
ii.
The exception shall not result in damage to adjacent properties.
iii.
Property owners adjacent to the proposed exception shall be informed of the application at least 10 days prior to the ARC meeting.
iv.
Exceptions for nonconforming materials, including wood and vinyl fences, shall be based on architectural merit and compatibility with the home's architectural style.
2.
If the property is within a gated community with a homeowners association with a bona fide architectural review process and the applicant obtains approval from that architectural review body, the City's architectural review process may be waived.
F.
Additional provisions for walls.
1.
Measuring Wall Height. Wall height shall be measured from the higher finished grade adjoining the fence or wall.
Figure 25.40-12: Measuring Fence Height  |
Figure 25.40-13: Retaining Walls  |
2.
Landscape Plan Required. A formal landscape plan shall be required to be submitted and approved by the City prior to the approval of any application for a wall adjacent to a public street.
3.
Undulation of Walls. All walls adjacent to a public street shall be designed to provide undulation (offset of at least 18 inches) or pilaster at least every 30 feet of linear extent of the wall. Undulating walls may encroach up to 18 inches into required wall setbacks.
Figure 25.40-14: Wall Undulations  |
4.
Wall Color. Walls shall be finished in a desert color.
(Ord. 1259 § 1, 2013; Ord. 1280 § 1, 2015)
§ 25.40.090 Screening.
A.
Purpose. This section provides screening and landscaping requirements to block objectionable views and enhance the aesthetic appeal of Palm Desert streetscapes. Screening of parking lot facilities are contained in Section 25.52.050 (Parking Lot Landscaping Standards).
B.
Screening materials and characteristics.
1.
Except as otherwise required by the provisions of this title, screening shall consist of a solid wall or fence, vine-covered fence, or compact evergreen hedge.
2.
Hedge material used as screening shall not be less than 3 feet in height when planted and shall not be permitted to exceed the specified height by more than 1.5 feet.
3.
Where trees are used, they shall have a mature height of not less than 20 feet and space no more than 20 feet apart from tree trunk to tree trunk.
4.
All screening and landscaping shall be permanently maintained in orderly condition by the owner. Plant material shall be watered, weeded, pruned, and replaced as necessary to screen or ornament the site. A permanent irrigation system shall be provided.
C.
Rooftop equipment.
1.
All roof-mounted equipment in the single-family residential district including, but not limited to, heating, exhaust fans, cooling, solar, and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof-mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: (a) unreasonably delay or prevent installation, maintenance or use; or (b) unreasonably increase the cost of installation, maintenance or use; or (c) preclude reception of an acceptable quality signal.
2.
All rooftop equipment in commercial and industrial zones, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building.
D.
Satellite receiving dish.
1.
A satellite receiving dish of 5 feet or more in diameter must conform to the following standards depending on location:
a.
Planned Residential Developments. Appropriate association approval is required. The receiver is not to be visible from adjacent properties or a public street.
b.
Other Residential Areas. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within 5 feet of a property line. Height from existing or finish adjacent grade, whichever is less, shall not exceed 14 feet if within 20 feet of a property line or 18 feet otherwise.
c.
Commercial and Industrial Areas. ARC approval for design and screening is required if receiver is visible from a public street or adjacent property. The characteristics of the receiver to be evaluated are the location, type (solid or mesh), color and screening.
E.
Mechanical.
1.
All mechanical equipment in general commercial and industrial districts, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building.
F.
Service Industrial district.
1.
In a Service Industrial district the required front yard and required side yard on the street side of a corner lot, except for the area occupied by necessary drives and walks, shall be landscaped with trees and other plant materials suitable for ornamentation.
2.
A masonry wall at a minimum height between 5 and 7 feet shall be provided along all property lines except those adjacent to public rights-of-way, in which case a setback of 20 feet will be maintained.
3.
A dense hedge row at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way; in which case a setback of 20 feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall, within 18 months after property development, provide the intended screening effect.
4.
Perimeter screening will not be required if deemed unnecessary by the ARC, based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community.
G.
Planned residential district.
1.
All screening requirements for developments within the planned residential (PR) district shall be determined by the ARC during its site plan review proceedings.
H.
Planned commercial district perimeter.
1.
A masonry wall at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way, in which case a setback of 20 feet will be maintained.
2.
An opaque hedge row at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way; in which case a setback of 20 feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall, within 18 months after property development, provide the intended screening effect.
3.
Perimeter screening will not be required if deemed unnecessary by the ARC based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community.
I.
Outside storage. No outside storage shall exceed the height of actual perimeter screening.
(Ord. 1259 § 1, 2013; Ord. 1393 § 18, 2023)
§ 25.40.100 Traffic Sight Obstruction.
On a corner lot, no fence, wall, hedge, structure or other obstruction, except the natural grade of a site, within a triangular area formed by the existing or future curb lines and a line connecting points on the existing or future curb lines a minimum of 40 feet from the intersection of the projection of the curb lines, shall exceed a height of 3 feet above established grade at the edge of the street pavement or the existing pavement or traveled way.
(Ord. 1259 § 1, 2013)
§ 25.40.110 Exterior Modifications.
The colors of an existing building, structure, sign, wall, fence or other improvements to real property that are visible from public right-of-way shall not be significantly changed unless reviewed and approved by the Director or ARC upon appeal. This shall be a no fee process. For the purposes of this section "significantly changed" means a change in hue, shade or intensity of color.
(Ord. 1259 § 1, 2013)
§ 25.40.120 Undergrounding of Utilities.
A.
Purpose. This section provides the regulations and procedures governing the installation of underground utilities or the conversion of existing overhead facilities within the boundaries of the City as a part of development.
B.
Applicability. Except as provided in this chapter, all new and existing electrical distribution lines, telephone, cable antenna television, and similar service wires or cables, which are adjacent to and provide service to the property being developed, shall be installed underground as a part of development from the nearest existing pole not on the property being developed with the following exceptions:
1.
In the development, remodeling, or enlargement of a single-family dwelling upon an existing, subdivided lot in the R-1, R-2, or RE zone district where overhead utility distribution lines presently exist, the facilities may remain. Any new single-family dwelling shall conform to the requirements of this section as a part of development. This exception shall not apply to new residential subdivisions or any new service lines to the dwelling.
2.
Temporary utilities along with the necessary service poles, wires, and cables may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or for temporary uses which comply with requirements of the zoning ordinance, building code, and other applicable regulations.
3.
Risers on poles which provide service to the property and existing buildings are permitted and shall be provided by the developer or owner on the pole.
4.
Appurtenances and associated equipment such as surface-mounted transformers may be placed aboveground when it is determined by the City engineer that it would be too costly to underground such equipment.
5.
The undergrounding of existing overhead facilities shall not be required as a part of the development of property in the R-2 and R-3 districts where more than 50 percent of the street frontage situated within the same block has already been developed with overhead facilities. This exception does not apply to any service lines.
C.
Recorded agreement. In lieu of undergrounding existing distribution lines as a part of construction, the Commission may permit the recording of an agreement guaranteeing that the property will voluntarily be a part of any undergrounding district which is subsequently established by the City including the property in question. The form of this agreement shall be acceptable to the City attorney and shall run with the land. This section shall not be applicable to the service lines that lead directly to the building.
D.
Responsibility for compliance. The developer or owner is responsible for complying with the requirements of this section and they shall make the necessary arrangements with the utility company for the installation of such facilities.
E.
Nonconforming structures. Buildings or structures, which on the effective date of the ordinance codified in this chapter are nonconforming in regard to aboveground on-site utility lines, may continue to be used, altered, or enlarged in the same manner as if such nonconforming utility lines did not exist. However, when the buildings or structures are increased by 2,500 square feet or more in area or when alteration or enlargement require the installation of utility lines at new locations on the buildings and structures, the service lines shall comply with the requirements of this title.
(Ord. 1259 § 1, 2013)
§ 25.40.130 Required Park Dedication Fees.
No building permit shall be issued for the purpose of establishing a dwelling unit or units, a mobile home or mobile home park, or for increasing the number of existing dwelling units or mobile homes on a parcel or parcels of land until the Director has verified that the parcel or parcels of land upon which such use or uses are proposed to be established is in compliance with all applicable regulations of the City's local park dedication or payment of fees in lieu thereof requirement, as provided by the Subdivision Ordinance.
(Ord. 1259 § 1, 2013)