An application for a building or use permit shall be made to the building official or inspector, and shall include a site plan and such other information as may be required by ordinance in the city (see latest edition of IBC as adopted). (Ord. 2008-002, 2008)

   A.   Permit Required: No building or structure shall be constructed, reconstructed, altered or moved, and no land shall be used, except after the issuance of a building, use and occupancy permit for the same by the building official or inspector.

   B.   Permits Issued In Violation: Building, use and occupancy permits shall not be granted for the construction or alteration of any building or structure, for the moving or removal of a building onto or from a lot, or for the use or occupancy of a building or land, if such structure, construction, alteration, moving, use or occupancy would be in violation of any of the provisions of this title. Permits issued in violation of any provision of this title, whether intentional or otherwise, shall be null and void.

   C.   Compliance Required Prior To Occupancy Permit Issuance: An occupancy permit shall not be issued until the zoning administrator, city engineer and/or building official or inspector, shall have filed on record a report or other verified official comment (respective to their responsibilities) finding that the structures and intended uses are in compliance with the provisions of this title, and specifically, as to location and completion of both off site (curb, gutter, sidewalk, paving, utilities, fences, ditches, etc.) and on site (buildings, etc.) improvements. (Ord. 2008-002, 2008)

The installation of curb, gutter, sidewalks, street paving, drainage culverts, and covered or fenced irrigation ditches, of a type approved by the city council, are required on any existing or proposed street adjoining a lot on which a building is to be established, except as may be provided otherwise elsewhere in this title. Such curbs, gutters, sidewalks, paving, drainage culverts and safety features for irrigation ditches and canals, etc., are required as a condition of building permit approval, when the city adopts a policy that such street is to be improved according to an adopted plan. (Ord. 2008-002, 2008)

Buildings and structures requiring a building permit pursuant to the provisions of this title shall not be occupied nor put into use until the building official or inspector has inspected such building or structure, finds compliance with this title and the building code of the city, and gives a written certificate of occupancy and use to the owner or his agent to occupy and/or use the building or structure in the manner approved by the issuance of a valid building permit. (Ord. 2008-002, 2008)

No building permits shall be issued for construction of any building or structure to be located on a restricted lot unless a valid conditional use permit for the same has previously been issued pursuant to this title. (Ord. 2008-002, 2008)

Any lot legally held in separate ownership at the time of adoption of this title, which lot is below the requirements for lot area or lot width or depth for the district in which it is located, and on which lot a dwelling would be permitted if the lot met the area requirements of this title, may be used for a single-family dwelling if such a lot is located in a residential district. The front, side and rear setbacks shall meet the distances specified in this title. When this title replaces a previously adopted zoning ordinance, if a lot was legally created under the provisions of that ordinance, it shall be classified as a legal noncomplying lot under this title. (Ord. 2008-002, 2008)

After adoption of this title, no lot having less than the minimum width, depth and area required in the zoning district in which it is located may be created, nor shall building permits be issued for construction on such nonconforming lots created subsequent to adoption of this title. (Ord. 2008-002, 2008)

Except for planned unit developments, condominiums, legal noncomplying lots and as otherwise provided in this title, every lot hereafter created shall have such area, width and depth as required by this title for the zoning district in which such lot is located, and shall have frontage upon a public street or upon a private street or right of way approved by the planning commission, before a building permit may be issued; provided, that no lot containing five (5) acres or less shall be created which is more than three (3) times as long as it is wide. (Ord. 2008-002, 2008)

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this title for the zoning district in which the dwelling structure is located, except that farm or ranch dwellings, group dwellings, condominiums, and other multistructure dwelling complexes under single ownership and management, which are permitted by this title and have approval from the planning commission, may occupy a single lot. (Ord. 2008-002, 2008)

Lots and any dwellings thereon, with frontage only on private streets, shall be allowed by conditional use permit procedure only, and shall be subject to all applicable requirements of this title. (Ord. 2008-002, 2008)

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (Ord. 2008-002, 2008)

Every part of a required yard shall be open to the sky, unobstructed, except for permitted accessory buildings in a rear yard, the ordinary architectural projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than two and one-half feet (21/2'), and open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet (5'). (Ord. 2008-002, 2008)

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless radio or television masts, theater lofts, silos, energy generation and conservation apparatus, or similar structures, may be erected above the height limits herein prescribed. Nonetheless, no space above the height limit shall be allowed for purposes of providing additional floor space, nor shall such increased height be in violation of and other ordinances or regulations of the city. (Ord. 2008-002, 2008)

Public buildings and utility buildings, when authorized in a zoning district, may be erected to a height greater than the district height limit by conditional use permit. (Ord. 2008-002, 2008)

No dwelling shall be erected to a height less than one story above grade, except in a planned unit development. No below grade (basement) single dwelling. (Ord. 2008-002, 2008)

No building which is an accessory to a one-family, two- family, three-family or four-family dwelling shall be erected to a height greater than one story or twenty feet (20'), whichever is lower, nor be higher, nor contain greater square foot floor area than the principal building to which it is accessory. (Ord. 2008-002, 2008)

No accessory building or group of accessory buildings in any residential district shall cover more than twenty five percent (25%) of the rear yard. (Ord. 2008-002, 2008)

If the total footprint area of an accessory building/structure exceeds five hundred (500) square feet or fifty percent (50%) of the footprint area of the primary structure (whichever is less), the accessory structure must:

   A.   Have any fences, walls, etc., be designed with residential styling, including:

      1.   A roof pitch which matches that of the primary structure, but not to be less than two and one-half feet (21/2') of rise to twelve feet (12') of run; and

      2.   Exterior finishing materials similar to the exterior finishing materials used on the primary structure or primary structures on any surrounding residential property within a three hundred foot (300') radius; and

   B.   Have design characteristics that are in harmony with existing residential buildings in the neighborhood; and

   C.   Create no substantial adverse aesthetic or economic impacts on the neighborhood. (Ord. 2008-002, 2008)

All developments constructed within the city shall connect to city utilities, including water, sewer, electric and storm drainage, unless otherwise approved by conditional use permit. (Ord. 2008-002, 2008)

In all zoning districts which require a front yard, no obstruction (natural grade, vegetation, sign, wall or fence) to view in excess of two feet (2') in height above the street pavement or sidewalk, shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the street lines/property lines. Exception: Pedestal type identification signs (base not to exceed 12 inches in any direction and bottom of sign clearance of 7 feet), and a single tree (that does not exceed 12 inches of trunk diameter pruned with a minimum of 7 feet of limb or branch clearance). There shall be a clear view of intersecting streets that connect with driveways, alleys, sidewalks and pathways. There shall be an adequate sight distance of fifty feet (50') in each direction, at a point fifteen feet (15') back from the street right of way line. The view of automobile drivers shall not be obstructed. (Ord. 2008-002, 2008)

When approved by the city council, the planning commission may require the erection of fences as a prerequisite to approval of any project, or to the granting of any building permit where, in the opinion of the planning commission, this is necessary to protect life and property, or to prevent conflict of uses. Such fences shall be of a type and size necessary, in the opinion of the planning commission, to accomplish the above stated purpose. (Ord. 2008-002, 2008)

   A.   Fences, walls and hedges may be erected or allowed to the permitted building heights in the district when located within the required buildable area beyond the required setbacks.

   B.   Fences, walls and hedges may not exceed six feet (6') in height within any required rear yard or interior side yard.

   C.   Notwithstanding any other provisions herein, no view obscuring (less than 50 percent open) fence, wall or hedge exceeding three feet (3') in height shall be erected or allowed closer to any street line than the required building setback line. Nonview obscuring (50 percent or more open) fences or walls may be erected to a maximum height of four feet (4') within the front yard.

   D.   For the purpose of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any two (2) plants is and remains at least five feet (5').

   E.   Where a fence, wall or hedge is located along a property line separating two (2) lots and there is a difference in the grade of the properties on the two (2) sides of the property line, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

   F.   All fence construction requires a zoning permit and approval by the zoning administrator, city engineer or building inspector.

   G.   There shall be no fence nor hedge within five feet (5') of any fire hydrant, mailbox, utility pole or driveway.

   H.   Fences, walls, hedges, signs and trees shall not obstruct the view of automobile drivers at intersecting streets, alleys, driveways, sidewalks, pathways, trailheads and stop signs. Trees and vegetation shall be trimmed and pruned to prevent obstruction of a safe view and adequate sight distance. (Ord. 2008-002, 2008)

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for lot or building may be sold or leased away from such lot or building. (Ord. 2008-002, 2008)

   A.   Whenever development or construction is or may be subject to geologic or flood hazards, the planning commission may require the applicant to submit a geologic and soils survey report prepared by a licensed professional engineer.

   B.   When such report indicates a lot to be subject to unusual, potential or actual geologic or flood hazards, the applicant shall meet the special conditions required by the planning commission to mitigate, reduce or eliminate such hazard, or if such conditions cannot be met or will not be met, the application for a building or conditional use permit shall be denied. (Ord. 2008-002, 2008)

Gasoline pumps shall be set back no less than eighteen feet (18') from any street line (property line) to which the pump island is perpendicular, and eighteen feet (18') from any street line to which the pump island is parallel, and not less than eighteen feet (18') from any residential district boundary line. If the pump island is set at an angle on the property, it shall be so located that the automobiles stopped for service will not extend over the property line. Pumps shall not be located in the corner clearance boundary (see section 18.32.200, "Clear View Of Intersecting Streets", of this chapter). (Ord. 2008-002, 2008)

Where a zoning district boundary cuts through a lot existing at the time of adoption of this title, the use regulations governing the portion of the lot located within the more restrictive zone shall govern the use and development of the entire lot, unless a variance has been granted by the board of adjustment in accordance with the limitations of section 18.04.020, "Board Of Adjustment", of this title. Legally existing nonconforming uses and buildings on the lot, and lots that can be legally subdivided into two (2) or more legal conforming, lots are exempt. (Ord. 2008-002, 2008)

No sewer service line, water service line, electrical nor gas utility line shall be installed by a public or private company to a building, structure or use which does not comply with the provisions of this title or other local regulations. (Ord. 2008-002, 2008)

It is the intent of this title to hold franchised utilities responsible for all excavations, backfilling and paving. To this end, all such work, whether done by a private or public entity, shall be commenced only pursuant to the issuance of a permit (see chapter 14 of this title). Cuts and fills shall be constructed according to standards established by the city, or in compliance with existing franchise agreements. (Ord. 2008-002, 2008)

   A.   Compliance Required: Each government entity (local, state, federal), school district, special district, and political subdivision of the state, shall conform to the land use and development ordinances of the city when installing, constructing, operating, or otherwise using any area, land or building situated within the municipality only in a manner or for a purpose that conforms to city ordinances.

   B.   Exceptions For School District, Charter School: A school district or charter school is subject to the city land use regulations as required by state statute, except that the city may not:

      1.   Impose any special requirements for landscaping, fencing, aesthetic considerations, construction methods or materials, building codes, building use for education purposes, or the placement or use of temporary classroom facilities on school property;

      2.   Require a school district to participate in the cost of any roadway or sidewalk not reasonably necessary for the safety of school children and not located on or contiguous to school property, unless the roadway or sidewalk is required to connect an otherwise isolated school site to an existing roadway;

      3.   Require a school district to pay fees not authorized by state statute;

      4.   Provide for inspection of school construction or assess a fee or other charges for inspection, unless neither the school district nor the state superintendent has provided for inspection by an inspector, other than the project architect or contractor, who is qualified under criteria established by the state superintendent, with the approval of the state building board and state fire marshal;

      5.   Require a school district to pay any impact fee for improvements not reasonably related to the impact of the project upon the need which the improvement is to address; or

      6.   Impose regulations upon the location of a project, except as necessary to avoid unreasonable risks to health or safety. (Ord. 2008-002, 2008)

Wherever a lot is adjacent to a mapped street on the adopted transportation master plan or general plan of the city, there shall be a front yard provided which is measured from the planned edge of the future right of way. (Ord. 2008-002, 2008)

The appearance and condition of premises has a significant effect on property values, wholesomeness of surroundings and moral values. Accordingly, the following regulations shall apply:

   A.   The outside surface of buildings shall be constructed with an architectural finish and materials that are weather resistant and permanently secured to the building.

   B.   The outside surface of buildings shall include at a minimum: siding, paint, sealers, wood, metal or brick, and roofing, soffit, facia, doors, and drainage control, etc.

   C.   Whenever a front yard is required, such yard shall be landscaped. Landscaping may include trees, lawn, shrubbery, drought tolerant plants, brick pavers, rocks and Xeriscaping. No asphalt or concrete is allowed, except for walks and driveways.

   D.   No vehicle parking shall be allowed in the front yard area except in driveways.

   E.   Trash, weeds or other materials liable to contribute to a fire hazard, or infestation by rodents or insects, shall not be allowed to remain on any lot outside of approved containers in the city, and no junk, debris, abandoned or dismantled vehicles, or similar refuse material shall be stored or allowed to remain outdoors, except in an MD or MG district by conditional use permit.

   F.   View obscuring fences (less than 50 percent open) shall be installed by the property owner to block the view from the public right of way, or from neighboring properties and uses; and whenever uses of land are found by the planning commission to be offensive, detracting, obnoxious, visually polluting or otherwise visually devaluing to the community. (Ord. 2008-002, 2008)