Building heights shall be as follows:

   A.   Residential. Except as provided in Chapter 17.081 or unless a variance has been granted pursuant to Chapter 17.121, no structures in the A-E, R-1, R-2 or M-H zones shall exceed twenty-five feet in height as measured above the center of the building footprint at site grade, nor shall the vertical measurement of any portion of the structure exceed thirty-five feet in height above site grade. Except for single-family dwellings, which shall have the same height limit as stated in the foregoing, no building or structure in the R-3, R-4 and R-R zones shall exceed thirty-five feet in height above site grade.

   B.   Commercial. Except as provided in Chapter 17.081:

   1.   In the C-1 and C-2 zones, no building or structure shall exceed forty-two feet in height above site grade.

   2.   In the C-R, C-M and G zone no building or structure shall exceed twenty-five feet in height above site grade.

   C.   P-R, OS-1 and OS-R Zones. As established by the use permit or as further identified in the certified local coastal program land use plan whichever standards require the greatest restrictions for heights.

   D.   All of the above zones may be subject to height and/or view consideration overlay zones which may further restrict height.

   E.   Exceeding Height Limits (R-4, R-R, C-1, C-2, C-M and G Zones). Building appurtenances and architectural extensions: Where cupolas, flag poles, elevators, and solar collectors not otherwise permitted by subsection G below, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are associated with a permitted use in a district, height limits may be exceeded by fifteen percent upon securing a conditional use permit or development permit, provided that the height, bulk and scale of the building is compatible with the adjacent area and is consistent with view and other local coastal program land use plan considerations.

   F.   Exceeding Height Limits (R-1, R-2, R-3, P-R and M-H Zones). Television antennas, except microwave dish antennae, fire place chimneys and roof mounted solar collector(s) not exceeding an aggregate of six feet by six feet in dimension may exceed height limits by a maximum of five feet. For additional provisions, see Chapter 17.081 and Section 17.102.141.

   G.   All development fronting coastal bluffs and beaches shall be sited and designed so as to reduce the impact of bulk and scale.

   H.   Notwithstanding the foregoing, maximum building heights in any zone shall not exceed a maximum height for firefighting and rescue operations and equipment as identified periodically by the fire chief.

   I.   Special Height Limitations--Ocean Fronting Parcels. Special height limitations for ocean fronting parcels in the following planning areas shall be as described below:

   1.   North Spyglass Planning Area. All structures on ocean fronting parcels within one hundred twenty-five feet of the bluff shall be limited to twenty-five feet above site grade. (Section 17.081.030(A))

   2.   Motel District Planning Area. All structures on ocean fronting parcels within one hundred feet of the blufftop shall be limited to twenty-five feet above site grade. (Section 17.081.030(B))

   3.   Commercial Core Planning Area. All structures on ocean fronting parcels shall be limited to twenty-five feet in height above site grade. (Section 17.081.030(C)) (Ord. 94-04 § 4 (part)), 1994)

   The minimum front yard setbacks shall be as follows:

   A.   Residential.

   1.   In the A-E, R-1 and R-2 zones, each lot shall have a front yard setback of not less than twenty feet.

   2.   In the R-3, R-4 and R-R zones, each lot shall have a front yard setback of not less than fifteen feet.

   3.   In the C-R, M-H and G zone, the front yard setback shall be established as per the use permit, but not less than fifteen feet.

   B.   Commercial. In the C-1, C-2 and C-M zones, the front yard setback shall be established per the development permit. Each lot need not have any front yard setback except when the side of such lot abuts a residential zone, in which case the front yard setback shall be no less than ten feet.

   C.   P-R, OS-1 and OS-R. As established by the use permit, but not less than fifteen feet.

   D.   Exceptions to Front Yard Setback Requirements in the R-1 Zone. The minimum front yard setback required may be the lesser of the following situations:

   1.   The average front yard setback of the nearest improved lots on each side of the subject property on the same side of the street, but in no case less than ten feet, nor required to be more than twenty feet; or

   2.   Twenty percent of the average depth of the subject property, but in no case less than ten feet, nor required to be more than twenty feet.

   E.   Exceptions to Front Yard Setback Requirements for Residential Coastal Blufftop Developments. In all residential zones abutting coastal bluffs, each lot shall have a front yard, facing the street, of not less than fifteen feet.

   A.   Residential. In the A-E, R-1, R-2, R-3, R-4, R-R and M-H zones, each corner lot shall have a street side yard setback of not less than twenty percent of the lot width, but in no case shall the setback be less than seven feet nor required to be more than ten feet. Interior lots shall have a side yard setback of not less than ten percent of the lot width, but in no case shall the setback be less than four feet nor required to be more than five feet.

   B.   Commercial. In the C-1, C-2 and C-M zones each lot need not have any side yard setbacks, unless otherwise required per the city's current building standards and as otherwise necessary to protect adjacent residential uses.

   C.   P-R, OS-1, OS-R, C-R and G Zones. As established by the use permit, or as further identified in the certified local coastal program land use plan.

   A.   Residential. In the A-E, R-1, R-2, R-3, R-4, R-T and M-H zones each corner and interior lot shall have a rear yard setback of not less than ten percent of the average lot depth, but in no case shall the setback be less than five feet nor be required to be more than ten feet.

   B.   Commercial. In the C-1, C-2 and C-M zones, each lot need not have any rear yard setbacks, unless otherwise required per the city's current building standards and as otherwise necessary to protect adjacent residential uses.

   C.   P-R, OS-1, OS-R, C-R and G zones as established by the use permit or as further identified in the local coastal program land use plan.

   All uses in any zone with side or rear yards abutting coastal bluffs and beaches are subject to the standards adopted in the local coastal program land use plan policies and programs. Development permitted in the areas reserved for public beach access or recreation shall be limited to structures and facilities designed to accommodate passive recreational use of the area, including but not limited to stairways, benches, tables, refuse containers, bicycle racks, and public parking facilities. In no case shall any development except public access paths and public stairways be permitted within the bluff retreat setbacks identified in site specific geologic studies, except as follows for R-1 zones:

   A.   Ninety percent see-through, non-permanent, forty-two inch maximum height fences may be permitted with a coastal permit, per Section 17.102.120.

   B.   Fences described above shall be designed and sited in such a manner as to permit the easy removal or relocation of the structure in order to continually maintain a five foot minimum setback from the top edge of the bluff. A document to this effect shall be recorded with the title of the property in a manner and format approved by the city attorney.

   C.   A site specific geologic study by a registered geologist shall be prepared for structures permitted by subsection A above. This report shall assess the impact of the development in the retreat area on the stability and erosion of the bluff and shall make a finding that the proposed location would not contribute to the erosion or failure of the bluff, or propose alternative locations to achieve this result.

   D.   It shall be the duty of the building official to periodically review all such fences, in bluff retreat areas to ensure that minimum bluff top setbacks are maintained. Owners of properties receiving permits for these improvements shall permit continuous, announced entry by the building official to permit these periodic inspections.

   A.   A-E Zone. The minimum lot size shall be forty acres.

   B.   R-1, R-2, R-3 and R-R Zones. The minimum lot size for all lots created after the date of adoption of this ordinance shall be five thousand sq. ft.

   C.   R-4 Zone. The minimum lot size shall be twenty thousand sq. ft.

   D.   C-1, C-2 and G Zones. The minimum lot size shall be as determined by the use permit or development permit.

   E.   C-M Zone. The minimum lot size shall be ten thousand sq. ft.

   F.   M-H and C-R Zone. The minimum space size shall be as provided in the guidelines established for the M-H and C-R zones. The minimum size for new mobile home or recreational trailer/vehicle parks shall be two acres.

   G.   P-R Zone as established by the use permit, or as further identified in the certified local coastal program land use plan.

   H.   OS-1 and OS-R Zones. There shall be no minimum lot area requirements for an OS-1 or OS-R zone.

   I.   Development on Nonconforming Parcels. Development may be permitted on non-conforming parcels subject to the architectural review procedure of Chapter 17.105.

   J.   Lot Merger. Until such time as contiguous nonconforming parcels are merged by separate ordinance, no structure shall be erected on any nonconforming contiguously owned residential parcels with a minimum individual lot width of less than thirty feet, nor shall any structure be erected on contiguously owned parcels less than five thousand sq. ft. and more than twenty percent slope if said parcels were acquired from the owner or owners of record of contiguous property or said contiguous owner or owners transferee after October 12, 1976.

   K.   When a single development is proposed over two or more contiguously owned, parcels, those parcels shall be required to be merged prior to the issuance of a building permit, provided, however, for any parcels subject to a bona fide lien or mortgage of record prior to the adoption of this ordinance which would prevent merger, the city attorney may approve appropriate deed restrictions which would adequately tie common uses. The planning commission may exempt parcels from this requirement if merger is deemed inappropriate or unnecessary, based on findings, and appropriate deed restrictions or easements may be required, where appropriate, in lieu of lot merger, subject to the approval by the city attorney of the documents.

   A.   A-E Zone. There shall be no minimum lot width.

   B.   R-1, R-2, R-3 and R-R Zone. Corner and interior lots are required to be no less than fifty feet.

   C.   R-4 and C-M Zone. Corner and interior lots are required to be no less than seventy-five feet.

   D.   M-H and C-R Zone. Corner and interior lots are required to be no less than one hundred feet.

   E.   C-1, C-2, G and P-R Zones. Corner and interior lots shall be as determined by the use permit or development permit.

   A.   A-E Zone. Total maximum lot coverage for subdivided parcels: Ten percent.

   B.   R-1 and R-2 Zone. Total maximum lot coverage for subdivided parcels: Fifty-five percent.

   C.   R-3, R-4 and R-R Zones. Total maximum lot coverage for subdivided parcels: Fifty-five percent.

   D.   P-R Zone. Total maximum lot coverages, less existing road right of ways and nonbuildable open space areas: As established by the use permit, not to exceed forty percent, or as further identified in the certified local coastal program land use plan.

   E.   M-H and C-R Zones. Total maximum lot coverages shall be as provided in the guidelines established for the M-H and C-R zones.

   F.   C-1, C-2 and G Zones. Total maximum lot coverage: Eighty percent.

   G.   C-M Zone. Total maximum lot coverage: Thirty-three percent.

   H.   OS-1 and OS-R Zones. Maximum allowable lot coverage does not apply to OS-1 and OS-R zones.

   A.   A-E Zone. Ten percent.

   B.   R-1 Zone. Eighty-six percent of the first two thousand seven hundred square feet of lot area plus sixty percent of any lot area in excess of two thousand seven hundred square feet.

   C.   R-2 Zone. Eighty percent, except that single-family houses shall be the same as the R-1 zone.

   D.   R-3, R-4 and R-R Zones. One hundred twenty-five percent except that single family houses shall be the same as the R-1 zone.

   E.   P-R Zone. As established by the Use Permit, or as further identified in the certified local coastal program land use plan.

   F.   M-H and C-R Zones. As provided in the guidelines established for the M-H and C-R zones.

   G.   C-1, C-2 and G Zones. Two hundred percent.

   H.   C-M Zone. Fifty percent.

   I.   OS-1 and OS-R Zones. See Section 17.051.030 for OS-1 requirements; buildings not permitted in OS-R zone. (Ord. 94-04 § 4 (part), 1994)

   Requirements (as a percentage of total lot area):

   A.   A-E Zone: Seventy-five percent.

   B.   R-1, R-2, R-3, R-4 and R-R Zones: Twenty percent.

   C.   P-R Zone: Forty percent.

   D.   M-H and C-R Zones: Thirty percent.

   E.   C-1, C-2, C-M and G Zones: Ten percent.

   F.   OS-1 and OS-R Zones: As established by the use permit and as further identified in the general plan and certified local coastal program land use plan.

   A.   A-E Zone: Two units per lot.

   B.   R-1 Zone: One unit per buildable lot, or combination of buildable lots.

   C.   R-2 Zone: Two thousand sq. ft.

   D.   R-3 Zone: One thousand four hundred fifty sq. ft.

   E.   R-4 and R-R Zones Hotels and Motels. Five hundred sq. ft; Residential: One thousand four hundred fifty sq. ft.

   F.   P-R Zone: As established by the use permit, or as further identified in the certified local coastal program land use plan.

   G.   C-1 Zone (as secondary uses): Two thousand sq. ft.

   H.   M-H and C-R Zones: As established in the guidelines for M-H and C-R zones.

   Stairs, pipelines and similar facilities located on coastal bluffs are not considered an accessory use and shall require a conditional use permit consistent with the local coastal program land use plan.

   With a coastal permit, shoreline protective devices such as sea walls, revetments, groins, breakwaters, and rip-rap shall be permitted when necessary to protect existing structures, coastal dependent uses and public beaches in danger of erosion, and must be the least environmentally damaging alternative that is feasible. Devices must be designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Design and construction of protective devices shall respect to the degree possible natural land forms and shall be constructed to minimize visual impacts.

   Fences, hedges and walls may be permitted in any district subject to the following conditions:

   A.   Fences, hedges and walls up to six feet in height from existing grade on the lot may be permitted within all required rear yards and interior side yards.

   B.   No solid fences, hedges or walls over forty-two inches in height shall be permitted in any front yard, or in the side yard or the street side of a corner lot.

   C.   Open fences exceeding six feet in height to enclose tennis courts or similar uses, when such fences enclose the rear half of a lot, may be erected with the approval of the planning commission with an architectural review permit.

   D.   Fences located in required bluff setback areas shall not exceed forty-two inches in height and shall secure a coastal development permit. These fences shall be non-permanent, removable and see-through. (See Section 17.102.050 for requirements.)

   Swimming pools, hot tubs, spas and associated equipment shall not be located closer than five feet to any rear property line or side property line and shall not create a nuisance. Such structures shall also be subject to required blufftop setbacks as specified in the local coastal program land use plan. (See Section 17.102.050.)

   Accessory structures in residential zones shall be a maximum of fifteen feet in height and shall be located a minimum of twenty feet from the front property line, ten feet from any rear property line, five feet from any side property line and six feet from any other separate structure on the same lot. Such structures shall also be subject to required bluff top setbacks as specified in the local coastal program land use plan.

   Microwave dish antennae may be erected in any R-1, R-2 or R-3 district provided that the antennae is mounted on the ground and not on the roof of any structure; that the height of the antennae does not exceed twelve feet above the natural grade of the site; that the antennae is not located in the required setback areas, in the front yard or in the street side yard unless screened from view, and the property owner secures a zone clearance and building permit or building department clearance.

   Flagpoles may be erected in any zoning district provided that the following criteria is met:

   A.   The height of the flagpole shall be no greater than ten feet above the allowed building height permitted on the property or a twenty foot pole, which ever is greater.

   B.   On residential lots only, the setbacks for flagpoles shall be a minimum of ten percent of the lot depth in the front yard setback, five percent of the lot width in the side yard setback, and five percent of the lot depth in the rear yard setback.

   C.   A building permit shall be required but without fee, in order to support the flying of the American flag.

   D.   The size of the flag shall not exceed a maximum size of ten feet by fifteen feet.

   E.   Flagpoles shall not interfere with line of sight from vehicles on adjacent public streets. (Ord. 91-02 § 1, 1991)

   Portable structures, but not including accessory structures defined in Section 17.102.140, in residential zones including but not limited to pre-manufactured storage sheds, etc., may be erected in residential zones subject to the following criteria:

   A.   Maximum floor area: Eighty sq. ft. with any one wall length not to exceed ten feet.

   B.   Maximum structure height: Eight feet.

   C.   Structure is located behind any required front yard setbacks.

   D.   Storage of hazardous materials and chemicals is prohibited.

   E.   A single structure per lot or unit is permitted. Any additional portable structures shall comply with the requirements for accessory structures; see Section 17.102.140 above.

   Structures that meet the criteria described above do not require a city planning permit, provided, however, that any such structures shall also be subject to required blufftop setbacks as specified in the local coastal program land use plan.

   Architectural features may be permitted to extend into required setbacks a maximum distance as described below:

   A.   Cornices, eaves, canopies and similar structures: Thirty inches into any required front, side or rear yard, but in no case closer than two feet to any side property line.

   B.   Fireplaces: Fireplaces not exceeding six feet in breadth may extend two feet into any required front, side or rear yard, but in no case closer than three feet to any side property line.

   C.   Open, uncovered raised porches, patios, landing places, decks, or outside stairways in rear or side yards: May extend a distance not more than twenty percent into the required rear or interior side yard setbacks. Street side yard extensions may be a distance not to exceed forty percent of the required street setback.

   D.   Cantilevered balconies and decks that are open, uncovered and raised (thirty inches or more above existing grade): May extend a distance of not more than 20 percent into the required front yard setback.

   E.   Open, uncovered porches, patios, decks, landing places, stairways or similar structures at grade (structures less than 30 inches above existing grade): May extend to the front, side, or rear property lines. (Except as otherwise prohibited in Section 17.102.050 and 17.102.120 for bluff retreat areas.)

   F.   Covered or semi-covered (other than allowable roof overhangs) balconies, porches, patios, landing places, decks, stairways or similar structures: May not extend into required front, side or rear yard areas.

   A.   Standards for amateur radio antennas. All single pole/tower amateur radio antennas shall be designed, constructed, maintained and permitted in the following manner:

   1.   Definition. "Amateur radio antenna" means an antenna, or any combination of a mast, tower, support structure, antenna array or guide wire plus any additional attached or mounted antenna, which transmits or receives noncommercial radio signals and is utilized by an operator licensed by the Federal Communications Commission.

   2.   Setbacks.

   a.   Amateur radio antennas, antenna arrays, support structures, and guy wires shall be located outside all front and side yard setbacks.

   b.   A minimum setback of five feet from the rear property line shall be maintained for all amateur radio antennas, antenna arrays, support structures, and guy wires.

   c.   Amateur radio antennas, antenna arrays, support structures and guy wires shall be located outside the bluff top setback area for all lots located within the Coastal Zone.

   3.   Height.

   a.   Amateur radio antennas shall be limited to the maximum height permitted for structures (excluding the architectural features set forth in Section 17.20.040) within the zone district where they are located, plus an additional fifteen feet. Antenna applications submitted in conformance with this requirement shall require approval of an administrative zone clearance, issued by the Community Development Director or his or her designee. All Zone Clearance applications shall be accompanied by the submittal requirements identified on the city's submittal checklist including notification materials.

   b.   Antennas that exceed the maximum height permitted in the zone district shall be designed such that they can be easily lowered, either by motorized or manual means, to a height not to exceed the maximum height permitted in the zone district when not in use.

   c.   Antennas that are proposed to exceed the height identified in item 3a. above shall require approval of a Conditional Use Permit. Antenna applications submitted under this requirement shall be accompanied by technical information that provides justification for the proposed height. The applicant shall be required to fund any expert evaluation required by either the Community Development Director or review authority.

   d.   Any antenna that exceeds the height permitted in the zone district shall include a physical stop limiting the antenna height to that which the review authority approves.

   4.   Safety.

   a.   All amateur radio antennas shall be located within a fenced yard/enclosure or on a structure that is otherwise inaccessible to the general public.

   b.   Sufficient anti-climbing measures shall be incorporated into the design of all amateur radio antennas and support structures to reduce the potential for possible trespass and injury. (Ord. O-2012-001 § 2, 2012)