Height, Yard Encroachment, Creek Setback, Community Garden, Recycling and Waste Collection, and Other Regulations Applying in All or Several Districts
A. Elements That May Exceed Height Limit in All Districts.
1. In all districts, chimneys, flagpoles, vents, solar energy equipment, similar structures, and screening for such features, may be permitted up to five feet in excess of applicable height limits.
2. Cornices and parapets may be permitted up to three and one-half feet in excess of applicable height limits.
3. Height limits for telecommunication facilities are set in Chapter 17.130 SMC.
B. Elements That May Exceed Height Limit in Nonresidential Districts.
1. In nonresidential districts, cupolas, steeples, gas storage holders, radio and other towers, water tanks, mechanical equipment, elevator towers, nontower wind turbines, and screening for such features may be permitted up to five feet in excess of applicable height limits, provided the area of such elements does not exceed 15 percent of roof area. Mechanical equipment shall be screened from view. The Design Review Board may approve features up to 10 feet in excess of applicable height limits, if it finds the feature necessary for compelling practical reasons, or if it would significantly enhance building aesthetics.
C. Fence, Hedge or Other Screen Height Limitations.
1. No fence or any type of vertical screening material used to provide privacy, visual or otherwise, hedge, or other screen planting shall exceed six feet in height in any required side or rear yard area;
a. Except that two feet of lattice may be attached to fences no more than six feet in height.
2. No fence or any type of vertical screening material used to provide privacy, visual or otherwise, hedge or other screen planting shall be in excess of three and one-half feet in height in the following areas:
a. The required front yard; or
b. The required street side yard of a corner lot, except if it is at or behind the required street side yard setback and at the rear of the main residence; or
c. That part of the rear yard of a corner lot which abuts the required front yard of a key lot; or
d. Within the triangular area 35 feet from the street corner on any corner lot; or
e. Within the required rear yard of a through lot.
3. The limitations of this section shall not apply where a greater height is required by any other ordinance or where specified as a condition of approval of a conditional use permit or site plan approval.
D. Front Yard Garden Features.
1. An open entry arbor not more than nine feet in height nor six feet in width may be permitted in a required front yard.
2. Ornamental garden features may be permitted in a required front yard, provided such features are located at least five feet from any property line, are not more than six feet in height, nor three feet in width. (Ord. 1111, 2018)
Notwithstanding the minimum lot area and lot width requirements prescribed in the applicable individual district regulations, any parcel of contiguous land which does not meet such requirements may be developed, if such parcel was, on the effective date of the ordinance codified in this title or of any subsequent rezoning or other amendment thereto which makes such parcel fail to meet such requirements, and continuously thereafter has been of record in single or unified ownership separate from that of any abutting property, and if such parcel existed lawfully under the previous zoning controls. (Ord. 1111, 2018)
In all residential districts, an addition to an existing building that has a nonconforming side or rear yard may also extend into the required side or rear yard, provided all of the following criteria are met:
A. The addition does not exceed one story and 14 feet in height.
B. The addition continues or has a greater setback than the facade setback line of the existing structure.
C. The addition does not extend closer than four feet to the side property line, or more than five feet into the required rear yard.
D. The addition does not exceed 20 feet in length parallel to the side or rear property line, as applicable.
E. The addition does not extend into both side yards.
F. The addition conforms to other applicable development standards.
G. There has been no prior addition under this section. (Ord. 1111, 2018)
A. The criteria in this section apply to recycling and waste collection areas appropriate to serve all new uses, or an increase of greater than 30 percent of an existing use, for all uses in all zoning districts, except single-family residences and multifamily dwelling groups with four or less units. Proof of waste service approval for required recycling and waste areas shall be provided to the City prior to issuance of a building permit.
B. The following criteria shall be used when determining the location and design of the collection area:
1. Screening of collection areas from public view.
2. Adequate space for source separation of recyclables and waste collection containers, as well as adequate provision for access to the collection areas by reclamation and disposal equipment, as shown on the diagram attached to the ordinance codified in this chapter as Exhibit A.
3. In new development, recycling collection areas shall be placed alongside waste collection areas so as to provide convenience for users and promote recycling.
4. Collection areas shall be sited to minimize nuisance impacts, particularly noise impacts on residential sleeping areas.
5. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.
6. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area in which the development project exists.
7. Recycling areas shall not be located in any area required by the City ordinance to be constructed or maintained as unencumbered, according to fire and other applicable building and/or public safety laws.
C. In expanding existing developments that do not have collection areas, the facilities shall be sited to minimize noise impacts on residential sleeping areas. Notwithstanding this requirement, the following exceptions may be permitted by the decision-making authority:
1. Recycling collection areas shall be allowed to encroach into required interior side yard or rear yard setbacks. Collection areas so placed will not be required to be screened from public view.
2. If a suitable and serviceable location which does not encroach into any required yard or which encroaches only into the required rear or interior side yard cannot be found, the collection area may occupy no more than two required parking spaces at the discretion of the decision-making authority. A collection area so located will be required to be screened from public view at the discretion of the decision-making authority. The approved use of a required space pursuant to this chapter shall not render a development nonconforming with respect to Chapter 17.110 SMC.
3. If no other placement area exists on the site, a recycling collection area may be located in the required front yard or exterior side yard; provided, that it is screened from public view.
D. No person shall use any established collection area for another purpose unless the Planning Director waives the requirements of this subsection under circumstances wherein it is necessary to prevent practical difficulties or necessary hardships inconsistent with the objectives of this subsection. (Ord. 1111, 2018)
A minimum setback of 30 feet from top of bank shall be provided for any buildings, mobile homes, garages, swimming pools, storage tanks, parking spaces, driveways, decks more than 30 inches above natural grade, retaining walls, or other similar structures for property adjacent to Zimpher Creek, Calder Creek, or Atascadero Creek. Any grading within the creek setback area shall be subject to the review and approval of the City Engineering Director, who shall review the application in regards to its potential effects on the waterway and native plants. Where the top of bank is not defined, the Engineering Director shall determine the appropriate setback area. Bridges and utilities may cross through, over, or under a waterway setback area, provided permits are obtained from relevant State and Federal agencies, and the project has received all necessary City approvals. Storm drainage, erosion control, and creek bank stability improvements that have been approved as required by law by the governmental agencies having jurisdiction over them shall not be subject to this section. (Ord. 1111, 2018)
A. Permitted and Conditionally Permitted Uses. Except as otherwise permitted by the nonconforming use regulations of Chapter 17.160 SMC, or as authorized pursuant to the variance procedure in Chapter 17.420 SMC, no land shall be improved or used for any activity or facility which is not listed as permitted or conditionally permitted in the applicable individual district regulations.
B. Restriction on Earth Removal. No grading or excavation involving the removal of any soil, rock, sand, minerals, or other natural feature for the purpose of usage off the premises from which removed shall be permitted, unless a conditional use permit for such removal is granted.
C. Restriction on Certain Uses.
1. No theater, circus, carnival, amusement park, open air theater, racetrack, private recreation centers or other similar establishments involving large assemblages of people and/or automobiles shall be established in any district unless and until a conditional use permit or, for temporary uses, a temporary use permit is first secured for the establishment, maintenance, and operation of such use.
2. No dance hall, roadhouse, night club, commercial club, or any establishment where liquor is served, or commercial place of amusement or recreation, shall be established in any commercial district, unless a conditional use permit shall first have been secured for the establishment, maintenance and operation of such use, except as otherwise provided in this title.
3. Accessory uses and buildings in any district may be permitted where such uses or buildings are incidental to, and do not alter the character of, the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with, or subsequent to, the main building.
4. Recreational vehicles may be stored on properties if placement conforms to applicable setback requirements, but shall not be occupied or used for residential, commercial, industrial, or other purposes. (Ord. 1111, 2018)
A. Whenever an official plan line has been established for any street, required yards shall be measured from such line; in no case shall the provisions of this code be construed as permitting any encroachment upon any official plan line.
B. For projects that involve the conversion or remodel of an existing structure, ramps and lifts for disabled access may encroach into required setbacks.
C. In case an accessory building is attached to the main building, it shall be made structurally a part of, and have a common wall with, the main building, and shall comply in all respects with the requirements of this code applicable to the main building. Unless so attached, an accessory building in an R district shall be located behind the front yard setback and shall provide a setback consistent with fire and building code requirements from any dwelling building existing or under construction on the same lot or any adjacent lot.
1. Such accessory building shall not be located within five feet of any alley or within three feet of the side line of the lot or, in the case of a corner lot, to project beyond the front yard required on the adjacent lot.
D. Exterior stairs that extend from porches and landings may encroach into the required front yard setback, provided they do not exceed 72 inches at their finished height.
E. Every part of each required minimum yard shall be open and unobstructed from the ground to the sky, except for the encroachments allowed by the following Table 17.100-1:
Table 17.100-1. Allowed Projections into Required Yards
FACILITIES | FRONT YARD | STREET SIDE YARD | INTERIOR SIDE YARD | REAR YARD |
|---|---|---|---|---|
Architectural features such as cornices, eaves, awnings, sills, bay windows, and similar features | 2 feet | 2 feet | 2 feet | 2 feet |
Uncovered porches, fire escapes, chimneys, uncovered landing places, balconies/decks, having a mean height above grade of more than two feet | 6 feet | 2 feet | 2 feet | 10 feet |
Patio roofs and similar elements projecting from and serving a residential facility, if such element does not exceed 12 feet in height and has open, unwalled sides along more than 50 percent of its perimeter | 2 feet | 2 feet | 2 feet | 8 feet |
Open storage of boats, recreational vehicles, trailers, appliances, and similar materials; satellite dish antennas | Not allowed | Not allowed | 2 feet | Anywhere in rear yard |
A one-story covered front porch, open on three sides with a roof which does not exceed a height of 14 feet from the finished first floor | 7 feet | 7 feet | - | - |
(Ord. 1111, 2018)
A. Water Availability. The community garden shall be served by a water supply sufficient to support the cultivation practices used on the site.
B. Site Design. The site shall be designed and maintained so that water will not drain onto adjacent property.
C. Composting. Composting is allowed; provided, that compost piles are set back five feet from any property line and are maintained to control nuisances, including odors and pests.
D. Operating Rules. Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, water conservation measures, irrigation plan, maintenance and security requirements, a garden coordinator to manage the community garden, responsibilities of garden members, and assignment of garden plots. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on site. (Ord. 1111, 2018)
Height, Yard Encroachment, Creek Setback, Community Garden, Recycling and Waste Collection, and Other Regulations Applying in All or Several Districts
A. Elements That May Exceed Height Limit in All Districts.
1. In all districts, chimneys, flagpoles, vents, solar energy equipment, similar structures, and screening for such features, may be permitted up to five feet in excess of applicable height limits.
2. Cornices and parapets may be permitted up to three and one-half feet in excess of applicable height limits.
3. Height limits for telecommunication facilities are set in Chapter 17.130 SMC.
B. Elements That May Exceed Height Limit in Nonresidential Districts.
1. In nonresidential districts, cupolas, steeples, gas storage holders, radio and other towers, water tanks, mechanical equipment, elevator towers, nontower wind turbines, and screening for such features may be permitted up to five feet in excess of applicable height limits, provided the area of such elements does not exceed 15 percent of roof area. Mechanical equipment shall be screened from view. The Design Review Board may approve features up to 10 feet in excess of applicable height limits, if it finds the feature necessary for compelling practical reasons, or if it would significantly enhance building aesthetics.
C. Fence, Hedge or Other Screen Height Limitations.
1. No fence or any type of vertical screening material used to provide privacy, visual or otherwise, hedge, or other screen planting shall exceed six feet in height in any required side or rear yard area;
a. Except that two feet of lattice may be attached to fences no more than six feet in height.
2. No fence or any type of vertical screening material used to provide privacy, visual or otherwise, hedge or other screen planting shall be in excess of three and one-half feet in height in the following areas:
a. The required front yard; or
b. The required street side yard of a corner lot, except if it is at or behind the required street side yard setback and at the rear of the main residence; or
c. That part of the rear yard of a corner lot which abuts the required front yard of a key lot; or
d. Within the triangular area 35 feet from the street corner on any corner lot; or
e. Within the required rear yard of a through lot.
3. The limitations of this section shall not apply where a greater height is required by any other ordinance or where specified as a condition of approval of a conditional use permit or site plan approval.
D. Front Yard Garden Features.
1. An open entry arbor not more than nine feet in height nor six feet in width may be permitted in a required front yard.
2. Ornamental garden features may be permitted in a required front yard, provided such features are located at least five feet from any property line, are not more than six feet in height, nor three feet in width. (Ord. 1111, 2018)
Notwithstanding the minimum lot area and lot width requirements prescribed in the applicable individual district regulations, any parcel of contiguous land which does not meet such requirements may be developed, if such parcel was, on the effective date of the ordinance codified in this title or of any subsequent rezoning or other amendment thereto which makes such parcel fail to meet such requirements, and continuously thereafter has been of record in single or unified ownership separate from that of any abutting property, and if such parcel existed lawfully under the previous zoning controls. (Ord. 1111, 2018)
In all residential districts, an addition to an existing building that has a nonconforming side or rear yard may also extend into the required side or rear yard, provided all of the following criteria are met:
A. The addition does not exceed one story and 14 feet in height.
B. The addition continues or has a greater setback than the facade setback line of the existing structure.
C. The addition does not extend closer than four feet to the side property line, or more than five feet into the required rear yard.
D. The addition does not exceed 20 feet in length parallel to the side or rear property line, as applicable.
E. The addition does not extend into both side yards.
F. The addition conforms to other applicable development standards.
G. There has been no prior addition under this section. (Ord. 1111, 2018)
A. The criteria in this section apply to recycling and waste collection areas appropriate to serve all new uses, or an increase of greater than 30 percent of an existing use, for all uses in all zoning districts, except single-family residences and multifamily dwelling groups with four or less units. Proof of waste service approval for required recycling and waste areas shall be provided to the City prior to issuance of a building permit.
B. The following criteria shall be used when determining the location and design of the collection area:
1. Screening of collection areas from public view.
2. Adequate space for source separation of recyclables and waste collection containers, as well as adequate provision for access to the collection areas by reclamation and disposal equipment, as shown on the diagram attached to the ordinance codified in this chapter as Exhibit A.
3. In new development, recycling collection areas shall be placed alongside waste collection areas so as to provide convenience for users and promote recycling.
4. Collection areas shall be sited to minimize nuisance impacts, particularly noise impacts on residential sleeping areas.
5. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.
6. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area in which the development project exists.
7. Recycling areas shall not be located in any area required by the City ordinance to be constructed or maintained as unencumbered, according to fire and other applicable building and/or public safety laws.
C. In expanding existing developments that do not have collection areas, the facilities shall be sited to minimize noise impacts on residential sleeping areas. Notwithstanding this requirement, the following exceptions may be permitted by the decision-making authority:
1. Recycling collection areas shall be allowed to encroach into required interior side yard or rear yard setbacks. Collection areas so placed will not be required to be screened from public view.
2. If a suitable and serviceable location which does not encroach into any required yard or which encroaches only into the required rear or interior side yard cannot be found, the collection area may occupy no more than two required parking spaces at the discretion of the decision-making authority. A collection area so located will be required to be screened from public view at the discretion of the decision-making authority. The approved use of a required space pursuant to this chapter shall not render a development nonconforming with respect to Chapter 17.110 SMC.
3. If no other placement area exists on the site, a recycling collection area may be located in the required front yard or exterior side yard; provided, that it is screened from public view.
D. No person shall use any established collection area for another purpose unless the Planning Director waives the requirements of this subsection under circumstances wherein it is necessary to prevent practical difficulties or necessary hardships inconsistent with the objectives of this subsection. (Ord. 1111, 2018)
A minimum setback of 30 feet from top of bank shall be provided for any buildings, mobile homes, garages, swimming pools, storage tanks, parking spaces, driveways, decks more than 30 inches above natural grade, retaining walls, or other similar structures for property adjacent to Zimpher Creek, Calder Creek, or Atascadero Creek. Any grading within the creek setback area shall be subject to the review and approval of the City Engineering Director, who shall review the application in regards to its potential effects on the waterway and native plants. Where the top of bank is not defined, the Engineering Director shall determine the appropriate setback area. Bridges and utilities may cross through, over, or under a waterway setback area, provided permits are obtained from relevant State and Federal agencies, and the project has received all necessary City approvals. Storm drainage, erosion control, and creek bank stability improvements that have been approved as required by law by the governmental agencies having jurisdiction over them shall not be subject to this section. (Ord. 1111, 2018)
A. Permitted and Conditionally Permitted Uses. Except as otherwise permitted by the nonconforming use regulations of Chapter 17.160 SMC, or as authorized pursuant to the variance procedure in Chapter 17.420 SMC, no land shall be improved or used for any activity or facility which is not listed as permitted or conditionally permitted in the applicable individual district regulations.
B. Restriction on Earth Removal. No grading or excavation involving the removal of any soil, rock, sand, minerals, or other natural feature for the purpose of usage off the premises from which removed shall be permitted, unless a conditional use permit for such removal is granted.
C. Restriction on Certain Uses.
1. No theater, circus, carnival, amusement park, open air theater, racetrack, private recreation centers or other similar establishments involving large assemblages of people and/or automobiles shall be established in any district unless and until a conditional use permit or, for temporary uses, a temporary use permit is first secured for the establishment, maintenance, and operation of such use.
2. No dance hall, roadhouse, night club, commercial club, or any establishment where liquor is served, or commercial place of amusement or recreation, shall be established in any commercial district, unless a conditional use permit shall first have been secured for the establishment, maintenance and operation of such use, except as otherwise provided in this title.
3. Accessory uses and buildings in any district may be permitted where such uses or buildings are incidental to, and do not alter the character of, the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with, or subsequent to, the main building.
4. Recreational vehicles may be stored on properties if placement conforms to applicable setback requirements, but shall not be occupied or used for residential, commercial, industrial, or other purposes. (Ord. 1111, 2018)
A. Whenever an official plan line has been established for any street, required yards shall be measured from such line; in no case shall the provisions of this code be construed as permitting any encroachment upon any official plan line.
B. For projects that involve the conversion or remodel of an existing structure, ramps and lifts for disabled access may encroach into required setbacks.
C. In case an accessory building is attached to the main building, it shall be made structurally a part of, and have a common wall with, the main building, and shall comply in all respects with the requirements of this code applicable to the main building. Unless so attached, an accessory building in an R district shall be located behind the front yard setback and shall provide a setback consistent with fire and building code requirements from any dwelling building existing or under construction on the same lot or any adjacent lot.
1. Such accessory building shall not be located within five feet of any alley or within three feet of the side line of the lot or, in the case of a corner lot, to project beyond the front yard required on the adjacent lot.
D. Exterior stairs that extend from porches and landings may encroach into the required front yard setback, provided they do not exceed 72 inches at their finished height.
E. Every part of each required minimum yard shall be open and unobstructed from the ground to the sky, except for the encroachments allowed by the following Table 17.100-1:
Table 17.100-1. Allowed Projections into Required Yards
FACILITIES | FRONT YARD | STREET SIDE YARD | INTERIOR SIDE YARD | REAR YARD |
|---|---|---|---|---|
Architectural features such as cornices, eaves, awnings, sills, bay windows, and similar features | 2 feet | 2 feet | 2 feet | 2 feet |
Uncovered porches, fire escapes, chimneys, uncovered landing places, balconies/decks, having a mean height above grade of more than two feet | 6 feet | 2 feet | 2 feet | 10 feet |
Patio roofs and similar elements projecting from and serving a residential facility, if such element does not exceed 12 feet in height and has open, unwalled sides along more than 50 percent of its perimeter | 2 feet | 2 feet | 2 feet | 8 feet |
Open storage of boats, recreational vehicles, trailers, appliances, and similar materials; satellite dish antennas | Not allowed | Not allowed | 2 feet | Anywhere in rear yard |
A one-story covered front porch, open on three sides with a roof which does not exceed a height of 14 feet from the finished first floor | 7 feet | 7 feet | - | - |
(Ord. 1111, 2018)
A. Water Availability. The community garden shall be served by a water supply sufficient to support the cultivation practices used on the site.
B. Site Design. The site shall be designed and maintained so that water will not drain onto adjacent property.
C. Composting. Composting is allowed; provided, that compost piles are set back five feet from any property line and are maintained to control nuisances, including odors and pests.
D. Operating Rules. Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, water conservation measures, irrigation plan, maintenance and security requirements, a garden coordinator to manage the community garden, responsibilities of garden members, and assignment of garden plots. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on site. (Ord. 1111, 2018)