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Paradise City Zoning Code

CHAPTER 17

06 - GENERAL SITE DEVELOPMENT REGULATIONS

17.06.100 - Purpose.

The general site development regulations as set forth in this chapter are intended to govern the application and interpretation of the site development regulations applicable within each zone, and to establish additional regulations and exceptions thereto. (Government Code Section 65850)

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.200 - Determination of measurement.

Distances between structures, or between a structure and a property line, right-of-way line or other line or location shall be measured to the exterior face of the nearest wall or vertical support of the structure. If a structure does not have a vertical wall or support, the point of measurement shall be determined by the planning director or designee, consistent with the purposes of this title.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.210 - Lot area and dimensions.

A.

Purpose. Minimum lot regulations are established to ensure that sites in each district have sufficient area and dimensions to accommodate allowable uses, consistent with reasonable current standards for development for such uses and compatible with other uses in the district.

B.

Measurement of Area. Unless as otherwise established in this title, the area of a lot for purposes of compliance with minimum site development requirements shall be the area within bounding lot lines, but excluding any area which:

1.

Comprises the "stem" or "pole" portion of a flag or panhandle lot providing vehicular access to a street or road.

C.

Width. Minimum lot width may include any portion of a flag lot or traversing easement providing access to another lot.

D.

Minimum Area to be Maintained. No portion of the required area of a lot shall be used or considered as part of the required area for another lot. No lot shall be reduced in area, width or depth to less than the minimum requirement, except when such reduction results from partial acquisition for public use.

E.

Reductions Resulting from Public Acquisition. If a portion of a lot in any zoning district is acquired for public use in any manner including dedication, condemnation, or purchase, the remainder of such lot shall be considered as a complying lot, provided:

1.

The remainder of such lot contains a rectangular space of at least fifty (50) feet by one hundred (100) feet, usable for a principal building, excluding required yards; and such lot has a remaining area of at least seventy-five (75) percent of the minimum requirement.

F.

Public and Utility Buildings. If a lot is devoted exclusively to public buildings and uses owned by a public agency, or to public utility facilities, and no living quarters are located on the lot, a reduced lot size may be authorized pursuant to the provisions of this title.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.300 - Residential density.

A.

Purpose. Residential density regulations are established to coordinate the intensity and amount of residential development with existing and planned public service and utility capabilities and to ensure residential development compatible with existing and anticipated uses of nearby property.

B.

Measurement. To determine the allowable density on a lot, the size shall contain sufficient gross or net area as required by its zone for each dwelling, and no credit shall be given for any remaining square footage less than the full amount required per dwelling unit.

C.

Density. A secondary dwelling shall be considered accessory to and part of the single-family use for purposes of determining the required site area per dwelling unit; however, it shall not be considered in determining the density on a lot or parcel.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.400 - Floor area ratio.

A.

Purpose. Floor area ratio provisions are established to ensure that total floor area of buildings on a site shall be compatible with the size of the site and the purpose of the zone, and shall maintain compatibility of scale and bulk with buildings on other sites in the zoning district. Maximum floor area ratio provisions are primarily applicable to nonresidential uses and buildings that are not subject to density provisions.

B.

Measurement. Floor area shall be deemed the gross floor area of all buildings on a site, excluding the following: agricultural and horticultural greenhouses used for plant production.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.500 - Height.

A.

Purpose. Height limitations are established to ensure that buildings and structures shall not exceed heights generally compatible with the purposes of the zoning district and other land uses therein, and shall not unnecessarily impact the privacy, views, or desirability of adjoining sites.

B.

Height of Buildings. As applied to a building, the maximum permissible height shall be measured from an elevation derived from the average of the highest and lowest grade adjacent to the building, but not greater than five (5) feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the structure.

C.

Linear Features. The height of linear features, such as fences, walls, screen plantings, or similar features shall be the average height measured from the grade to the highest portion of such feature at all points along the feature. For purposes of applying maximum or minimum requirements, a linear feature which has an average height for its entire length in conformity with such requirement and does not exceed the requirement by more than fifteen (15) percent at any point shall be deemed to comply.

D.

Exceptions. The following structures and features may exceed the maximum height for the zoning district in which they are located, subject to limits specified herein:

The following structures may exceed the height limit of any zone by not more than ten (10) feet:

1.

Parapet walls, chimneys, vents, and mechanical or safety features such as fire towers, stairway or elevator penthouses, and heating and cooling equipment;

2.

Ornamental or architectural features, such as towers, cupolas, domes and spires, when not designed for occupancy.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.600 - Yard and building/structure setback regulations.

A.

Purpose. Minimum yard and building setback requirements are established to ensure safety, light, air, privacy, building separation, and open areas appropriate to each land use and zoning district, and to minimize impacts of land uses and structures upon adjacent sites.

B.

Measurement. Minimum required yards and building setbacks shall be measured pursuant to applicable regulations. The setback area measured from private road easements or rights-of-way that are twenty (20) feet or less in width shall be a minimum of twenty-five (25) feet measured from the centerline within the easement or right-of-way.

C.

For a building site exceeding twenty-five (25) percent average slope the front yard setback from a town-maintained street shall be the right-of-way line, plus two (2) feet, unless the town engineer requires a greater setback distance.

D.

Interpretation. When unusual geometric shape, dimensions, and topography make the literal interpretation of yard, minimum lot width, and setback provisions impractical, the planning director shall determine the application of such provisions in a manner which is consistent with the purpose of this title.

E.

Use of Required Yards. Required yards shall be open and unobstructed above grade, except for structures and projections specifically allowed in this chapter. The following structures or features may be located in or projected into a required yard:

1.

Window sills, belt courses, cornices, flues and chimneys, eaves, air conditioning units and similar architectural projections may extend not more than two (2) feet into a required yard.

2.

Uncovered porches, steps, landings, and similar features located not more than two (2) feet above grade may extend not more than three (3) feet into a required yard.

3.

Required yards may be occupied by landscaping, ground level recreational facilities, sidewalks or pathways, driveways, and similar outdoor activities and features appurtenant to the use of the site.

4.

A non-open or solid fence up to six (6) feet in height above grade may be installed along property lines which do not abut a road or street, or beyond setback lines as required by the zone when the property line abuts a road or street. A non-open or solid fence not exceeding four (4) feet in height above grade may extend into the front yard setback area; and wrought iron and/or chain link fences up to six (6) feet in height above grade may extend into the front yard setback area. No fence shall be installed within public rights-of-way. Exclusive of the front yard setback area, fences to a maximum height of eight (8) feet above grade subject to procurement of town building permit issuance may be installed around recycling processing facilities, a wastewater treatment/disposal utility facility, and/or legally established facilities that provide either scrap and salvage services or general vehicle/equipment storage or vehicle impoundment service.

5.

Except for the provisions of item No. 4 of this Subsection "E," a variance shall be required as set forth in Section 17.45.300 for fences exceeding six (6) feet in height above grade or for the installation of fences exceeding four (4) feet in height above grade in any front yard or general setback zone.

6.

No fence shall be installed within a private roadway easement unless all persons who have a legal right to use such private roadway easement have, in writing, consented to its installation.

F.

Front Yard and General Setback Zone. Except any land use permitted by the provisions of Title 5, Chapter 10.06, or Title 17 of this code, it is unlawful to display or place large merchandise and specifically motor vehicles, recreation vehicles, or appliances within a front yard or general setback zone.

(Ord. No. 543, §§ 2, 3, 7-8-2014; Ord. 375, § 1, 2002; Ord. 367, § 1, 2001; Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992; Ord. No. 444, § 2, 1-24-2006)

Editor's note— Ord. No. 543, §§ 2 and 3, adopted July 8, 2014, amended § 17.06.600 by amending subsection E.4 and adding subsection E.6, but at the time of supplementation was not yet effective. Said ordinance shall take effect Aug. 7, 2014.

17.06.700 - Site coverage.

A.

Purpose. Site coverage regulations are intended to ensure that building coverage and impervious surface coverage of each site is compatible with the nature of uses allowable in each zone, and with environmental objectives of the general plan, and to avoid overcrowding of sites with buildings and impermeable surface materials.

B.

Building Coverage. Building coverage of a site shall be deemed the total area of all buildings and roofed or covered space on the site, expressed as a percent of total site area. Eaves and roof overhangs of a building shall be counted as building coverage.

C.

Impervious Coverage. Impervious coverage shall include all areas defined as building coverage, plus all paved surfaces and other site improvements contributing to surface runoff greater than would occur on the site in its natural state.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.800 - Slope limitations.

A.

Purpose. Site development regulations modifying the basic provisions applicable to a steeply sloping site are intended to alleviate or mitigate potentially harmful effects of soil erosion, increased stormwater runoff, and excessive grading, and to ensure development that is consistent with acceptable environmental standards.

B.

See each zone for application of slope limitations.

(Ord. 264, § 2 (part), 1995; Ord. 214, § 2(part), 1992)

17.06.810 - Lighting fixtures.

In all residential, commercial and/or community facilities/services zones, lighting fixtures shall be designed, established and maintained to reflect away from any adjoining or nearby residences within two hundred (200) feet; and to minimize glare and illumination onto adjoining or nearby properties.

(Ord. No. 414, § 1, 3-9-2004; Ord. 264, § 2(part), 1995)

17.06.820 - Scenic highway corridors.

A.

The establishment of those types of land uses and building/structure improvements listed within subsection B of this section upon real properties located in the 1994 Paradise general plan designated "scenic highway corridors" shall be prohibited.

B.

The establishment of new billboards; automotive sales and service (or repair); construction sales and service; cargo containers; convenience (mini-storage) facilities; outdoor vehicle and recreation equipment storage; utility service (major) facilities; outdoor storage of mobilehome(s) not legally permitted for human occupancy; and outdoor special sales including, but not limited to: art and craft shows/fairs, automobile/recreation vehicle sales, farmers market, flea markets, swap meets; and any other land uses deemed similar to the foregoing as determined by the planning director shall be prohibited in scenic highway corridors.

(Ord. No. 444, § 3, 1-24-2006; Ord. No. 395, § 2, 2003; Ord. 362, § 2, 2001; Ord. 347, § 1, 2000)

17.06.830 - Recyclable materials collection/loading facility.

When a building permit for a new building or other permits required for modular buildings or mobilehomes are required for commercial, industrial or institutional uses, or multiple living (or dwelling) unit uses having four (4) or more such units per parcel (or lot), in addition to all other requirements set forth in the California Building Code as amended and adopted by reference in this code, the following shall be required:

A.

The establishment of a constructed area providing an enclosure for containers used to hold solid waste and/or recyclable materials for collection and loading.

(Ord. No. 442, § 1, 1-10-2006)

17.06.900 - Street setback and cul-de-sac regulations.

A.

Streets or roads temporarily dead ended but potentially planned for future extension shall be provided a turnaround facility in accordance with the design requirements set forth by a resolution adopted by the town council. Front yard setbacks as required via the provisions of this title shall be measured from either the centerline of the roadway or the centerpoint of the turnaround facility.

B.

Except as permitted by provisions within Title 16 (Subdivision Regulations) of the Paradise Municipal Code, the town of Paradise shall not process nor approve any "discretionary permit or project" advocating an increase of existing residential land use density upon any real property that is served access by either an existing or resultant cul-de-sac exceeding a maximum length of one thousand eight hundred (1,800) lineal feet.

(Ord. 326, § 2, 1999; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.910 - Cargo containers.

A.

Intent. The intent of this section is to establish regulations for the long-term use of cargo containers on adequate sites to ensure that such land use is compatible with surrounding development.

B.

Applicability. The establishment or expanded long-term use of cargo containers as an accessory storage land use may be authorized in any zone except the multiple family residential (MF) and central business (CB) zoning districts, subject to the specific land use regulations within each zone, all other town-adopted development standards applicable to buildings, and all applicable land use standards set forth in subsection C. of this section.

C.

Land use standards. The following standards shall apply to all new or expanded long term (ex. year-round, multiple years, etc.) use of cargo containers for accessory storage purposes:

1.

Cargo containers placed outside the industrial service (IS) zone shall be positioned no closer to the front yard building setback line than the rearmost wall of the building occupancy to which the cargo container serves as an accessory use.

2.

Cargo containers placed outside the industrial service (IS) zone shall not display company logos, names, graffiti or other alpha or numeric markings upon exterior surfaces and shall be painted the same color as the primary or largest building structure on the site.

3.

No more than one (1) cargo container per acre up to a maximum total of three (3) containers shall be placed upon a single property of record located within a "town residential" or "rural residential" zoning district; and not more than two (2) cargo containers per acre up to a maximum total of six (6) containers shall be placed upon a single property within other permissible zoning districts.

4.

Cargo containers shall be visually screened such that they are substantially obscured from view from abutting or nearby public and private property in a manner deemed satisfactory to the town planning director.

5.

Long term use and placement of cargo containers upon properties within the Paradise Redevelopment project area (RDA) shall be subject to discretionary review and approval, conditional approval, or denial of the town planning director.

6.

Cargo containers may be authorized as a temporary land use in any zone, subject to the regulations contained within Chapter 17.32 of this Title.

(Ord. No. 473, § 1, 12-11-2007; Ord. No. 420, § 2, 6-8-2004)

17.06.920 - Convenience storage (mini-storage) facilities.

A.

Intent. The intent of the regulations of this section is to establish convenience storage (mini-storage) facilities on adequate sites subject to development standards to ensure that such land use is compatible with surrounding development.

B.

Applicability. The establishment or expansion of convenience storage (mini-storage) facilities upon properties within the C-C and I-S zoning districts is potentially permitted subject to the specific land use regulations within each zone; and subject to all applicable development standards set forth in subsection C of this section.

C.

Development standards. The following standards shall apply to all new or expanded convenience storage (mini-storage) facilities:

1.

Except upon properties in the 1-S zone and located south of the northernmost intersection of "Old Clark Road" and State Highway 191, convenience storage (mini-storage) facilities shall not be established within any of the following locations:

A.

Within one hundred fifty (150) feet of the centerline of any Paradise General Plan classified "arterial" or "collector" road [ex. the Skyway, Bille, Clark, Pearson Roads, etc.], unless the development project meets all of the following criteria: 1) The development project includes a legally permitted "town revenue producing" commercial/retail component; and 2) The commercial/retail component is to be constructed and available for occupancy prior to or concurrent with the construction of the mini-storage facility.

B.

Within one hundred (100) linear feet of the "Paradise Memorial Trailway" land corridor.

C.

Within the boundaries of the town adopted "downtown revitalization master plan area."

D.

Within six hundred (600) linear feet of the boundaries of the "downtown revitalization master plan area" unless the development project meets all of the following criteria: 1) It is designed in accordance with the town's adopted "downtown design guidelines;" 2) The development project secures design approval from the town's "design review committee;" 3) The development project includes a legally permitted "town revenue producing" commercial/retail component; 4) The commercial/retail component is to be constructed and available for occupancy prior to or concurrent with the construction of the mini-storage facility; and 5) The commercial/retail component must be located upon the portion of the affected project site that is within two hundred (200) feet of the centerline of any Paradise General Plan classified "arterial" or "collector" road.

2.

Outdoor storage of boats, vehicles, or other materials shall not be permitted at convenience storage (mini-storage) facilities that are adjacent to properties that are zoned for or developed with residential uses. Where outdoor storage is permitted, it shall be completely screened from view from adjoining streets or adjacent properties.

3.

The maximum building height shall be two (2) stories or twenty-five (25) feet, except that any building or portion of a building within twenty (20) feet of the side yard setback line shall have a maximum height of one story or fifteen (15) feet.

4.

Outdoor sales, washing, maintenance and repair of boats, vehicles, or other materials shall not be permitted.

5.

The required access aisles shall not be used for storage purposes.

6.

On and off-site improvements, including curb, gutter, sidewalk, pavement, streetlights, and street trees, shall be installed by the developer and said improvements shall meet town specifications.

7.

Building setbacks and landscaping greater than that required by other provisions of this code may be required if deemed necessary by either the planning commission or the planning director in order to make the convenience storage (mini-storage) facilities compatible with existing or prospective developments in the area.

8.

Except upon property in the I-S zone all convenience storage (mini-storage) facilities shall not be established with metal exterior sided buildings visible to a public roadway or abutting property adjacent to the facility and shall be constructed primarily of masonry, concrete, wood with stucco siding, or building material(s) deemed to be similar and acceptable by the planning director.

(Ord. 375, §§ 2, 3, 2002; Ord. 362, § 3, 2001)

17.06.930 - New or expanded commercial land use with metallic building(s).

A.

Intent: The intent of the provisions of this section is to establish new or expanded commercial land uses utilizing metallic building(s) upon sites subject to development standards to ensure that such buildings are aesthetically compatible with surrounding development.

B.

Applicability: The establishment of potentially permitted new or expanded commercial land uses with metallic building(s) upon properties within the CB, CC, NC, CF, and CS zoning districts shall be subject to all applicable development standards set forth in subsection C of this section.

C.

Development standards: The following standards shall apply to all new or expanded commercial land use(s) with metallic building(s):

1.

The building design includes an exterior facade of quality brick, stone, wood, or building material(s) deemed similar and acceptable by the planning director that affects, at minimum, one-fourth (¼) of all surfaces, excluding glass, visible from a right-of-way and/or street or road access.

2.

The design incorporates architectural and aesthetic features that are determined to be compatible with the town's adopted "downtown design guidelines" by either the planning director or the Paradise Design Review Board.

3.

Building setbacks and landscaping greater than that required by other provisions of this code may be required if deemed necessary by either the Planning Commission or the planning director in order to make the design of metallic building facilities compatible with the design of existing or prospective building or use(s) in the area.

(Ord. No. 387, § 1, 2002)

17.06.940 - Exterior displays of merchandise in commercial zones.

A.

Purpose. Regulations affecting the outdoor display of merchandise are established so that outdoor merchandise displays have an appearance designed to attract and promote business and to avoid random placement of merchandise that lacks thematic continuity.

B.

Except as provided in this Section 17.06.940, it shall be unlawful to sell or display merchandise in the exterior area of a building in a commercial zone. Merchandise may be displayed in the exterior area of a building in a commercial zone only in conjunction with the following businesses, areas or activities:

1.

Automobile, boat, trailer, camper, motorcycle and construction equipment sales, rentals and outdoor furniture;

2.

Retail lumber yards, building materials and prefabricated storage sheds and carports;

3.

Fruit and vegetable stands possessing a valid town permit;

4.

Landscaping, statuary and horticultural plants, materials and supplies;

5.

Vending and ice machines when located as an accessory to a permitted use;

6.

Gasoline pumps and accessory items when located on pump islands;

7.

Christmas tree sales;

8.

Special events permitted by town;

9.

Sale of newspapers and other printed material;

10.

Vendors permitted under Chapter 5.11 of this code;

11.

Propane tanks;

12.

Firewood sales;

13.

Areas not visible from a public street;

14.

Outdoor special sales pursuant to Section 17.32.100.G;

15.

In the central business (CB) zone and community commercial (CC) zoned properties along Skyway between Pearson Road and the town limit and along State Route 191 (Clark Road) within the town, merchandise may be displayed only within five (5) feet of a single exterior building wall along no more than fifty (50) percent of the length of the wall.

16.

Businesses not displaying merchandise along building walls facing streets may display merchandise in enclosed exterior spaces located beyond building setbacks.

17.

Merchandise may otherwise be displayed upon other commercial properties only within ten (10) feet of a single building wall.

C.

In no event shall merchandise be displayed within public rights-of-way, vehicle access ways, doorways for required pedestrian access or parking areas, unless expressly authorized pursuant to Chapter 17.32 of this title.

(Ord. No. 550, § 1, 12-9-2014; Ord. No. 546, § 1, 8-12-2014)

17.06.950 - Timber removal activities.

In all zones, tree or timber removal activities that are not specifically enumerated and defined as "commercial timber harvesting" may be permitted as a land use activity subject to the provisions of Chapter 8.12 of the Code.

(Ord. 302, § 3, 1998)

17.06.960 - Railroad tie material in site structures.

A.

Purpose. The regulation of this section is intended to alleviate or mitigate a potential wildfire safety hazard to persons or property.

B.

Applicability. The use of any site structure composed of railroad tie material (or similar material treated with creosote and/or flammable fluid/liquid) shall be unlawful and prohibited.

(Ord. No. 579, § 3, 10-8-2019, eff. 11-7-2019)

17.06.970 - Post Camp Fire rebuild: Primary dwelling containing less than 750 square feet.

A.

Purpose. This section shall provide an interim time period during which affected property owner(s) may elect to rebuild a primary dwelling existing on November 8, 2018 consisting of less than seven hundred fifty (750) square feet.

B.

Development Standard. The following standard shall apply to property owner(s) who elect to rebuild a primary dwelling existing on November 8, 2018 consisting of less than seven hundred fifty (750) square feet:

1.

The rebuild dwelling design and resultant construction shall not be less than the prior existing primary dwelling floor area as depicted within the affected property Butte County Assessor record(s).

C.

Interim Time Period. The provisions and regulations of this Section 17.06.970 shall expire and be in no legal effect effective December 31, 2022.

(Ord. No. 579, § 4, 10-8-2019, eff. 11-7-2019)

17.06.980 - Post Camp Fire: Temporary commercial buildings.

A.

Purpose. The regulations of this section are intended to provide an alternative process and interim time period during which affected property owner(s) may opt to establish a temporary commercial land use building and/or structure.

B.

Applicability. The establishment of a temporary commercial land use building and/or structure may be authorized subject to: 1) the specific land use regulations within each zone; 2) shall be limited to those commercial land uses which have low wastewater demands and low average occupancies and only in conjunction with the following business land use activities:

1.

Construction sales and service (sale of building materials and building contracting services);

2.

Any other temporary commercial land use determined by the planning director as similar to the prior listed business land use activities.

C.

Development Requirements/Standards. Temporary commercial land use business activities that have secured land use authorization shall comply with the following requirements and standards prior to establishment of the temporary commercial building and/or structure:

1.

Applicant shall apply for and secure town approval and issuance of a temporary use permit pursuant to the provisions of Paradise Municipal Code Chapter 17.32 (Temporary Use Regulations).

2.

Applicant shall complete all the applicable temporary use permit "conditions of approval" prior to temporary commercial building and/or structure occupancy.

3.

Applicant shall apply for and secure town registration of a business license for subject temporary commercial business land use activity pursuant to the provisions of Paradise Municipal Code Chapter 5.22 (Business License).

D.

Interim Time Period. The provisions and regulations of this Section 17.980 shall expire and be in no legal effect effective December 31, 2022.

(Ord. No. 584, § 2, 11-12-2019)

Editor's note— Ord. No. 584 shall take effect thirty (30) days after the date of its passage/adoption.

17.06.990 - Secondary dwelling unit(s) in areas zoned to allow single-family or multiple family residential use.

A.

Where zoned as allowed, a "secondary dwelling" shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multiple-family dwelling is located or will be situated. A secondary dwelling also includes the following:

1.

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

Compliance Requirements/Standards. A permissible secondary dwelling is subject to the provisions of Section 65852.2 of the Government Code, including, but not limited to:

1.

The secondary dwelling may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.

2.

The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing primary dwelling.

3.

Review and approval by the onsite sanitary official relative to the sewage disposal requirements of Paradise Municipal Code Chapter 13.04 where a private sewage disposal system is being used and/or proposed.

4.

The secondary dwelling is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling.

5.

If there is an existing primary dwelling, the total floor area of an attached secondary dwelling shall not exceed fifty (50) percent net floor area of the existing primary dwelling, but in no case exceed eight hundred fifty (850) square feet or one thousand (1,000) square feet if the secondary dwelling contains more than one bedroom.

6.

The total floor area for a detached secondary dwelling shall not exceed eight hundred fifty (850) square feet or one thousand (1,000) square feet if the secondary dwelling contains more than one bedroom.

7.

No passageway shall be required in conjunction with the construction of a secondary dwelling.

8.

Parking requirements for secondary dwellings shall not exceed one parking space per secondary dwelling or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.

9.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of a secondary dwelling or converted to a secondary dwelling the town shall not require that those off-street parking spaces be replaced.

10.

Not more than two (2) secondary dwellings that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of sixteen (16) feet and four (4) feet rear yard and side yard setbacks.

11.

The town, special district, or water corporation shall not impose any impact fee upon the development of a secondary dwelling less than seven hundred fifty (750) square feet.

(Ord. No. 594, § 2, 4-14-2020)

Editor's note— Ord. No. 594 shall take effect thirty (30) days after the date of its passage/adoption.

17.06.1000 - Junk.

More than one hundred (100) square feet of junk may not be stored in any zoning district if the planning director or the planning commission determines that such junk is a nuisance or provides a health or safety hazard to persons or property. The storage of junk within a front yard or general setback zone shall be prohibited, except as permitted by this title.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.1100 - Uses prohibited.

All land uses not specifically enumerated within adopted zoning district regulations assigned to a lot, parcel, or site (or portion thereof) shall be prohibited, except those which were lawfully created or established prior to the effective date of this title.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)