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Sunset City Zoning Code

CHAPTER 3

GENERAL PROVISIONS

10-3-1: PURPOSE:

The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zoning regulations appearing elsewhere in this Title. (Zoning Ord.)

10-3-2: ADDITIONAL USE REGULATIONS:

The requirements of this Title as to minimum building site area shall not be construed to prevent the use for a single- family dwelling of any lot or parcel of land in the event that such lot or parcel of land is held in separate ownership at the effective date hereof. (Zoning Ord.)

10-3-3: ADDITIONAL YARD REGULATIONS:

   A.   May Be Waived; Circumstances: On any lot held under a separate ownership from adjacent lots and of record at the time of the effective date hereof, the side yard requirements may be waived to the extent that the buildable width of such lot is not reduced to less than twenty five feet (25'), except that at least a four foot (4') side yard is required on each side of any interior lot and the side yard on the street side of a corner lot must be at least ten feet (10').
   B.   Open And Unobstructed: Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and except for the ordinary projections of skylights, sills, belt courses, cornices and other ornamental features.
   C.   Chimneys, Flues And Fire Escapes: 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') and the ordinary projections of chimneys and flues are permitted. (Zoning Ord.)

10-3-4: ADDITIONAL HEIGHT REGULATIONS:

   A.   Public Buildings Or Hotels: Public, semi-public or public service buildings or hotels, when authorized in a zone, may be erected to a height not exceeding City standards, if the building is set back from each otherwise established building line at least one foot (1') for each additional foot of building above the normal height limit requirement for the zone in which the building is erected. (Zoning Ord.; 1997 Code)
   B.   Main Buildings: No main building shall be erected to a height less than eight feet six inches (8'6").
   C.   Exceptions To Limit: Penthouses 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 masts, theater lofts, silos or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space. (Zoning Ord.)

10-3-5: ANNEXATION; CLASSIFICATION OF LAND:

Annexed land shall be classified in the same zone as that designated for contiguous land. (Zoning Ord.)

10-3-6: VISUAL TRAFFIC CLEARANCE TRIANGLE1:

   A.   Corner Triangle Defined: No solid fence, shrubs, or other obstructions to view between the heights of two feet (2') and seven feet (7') shall be allowed within the triangular area at the corner formed by measuring a distance of forty feet (40') along both frontage lot lines back from the point of intersection of said lines.
   B.   Driveway Triangle Defined: No view obstructing fence, wall hedge, or planting exceeding two feet (2') in height above the level of the driveway shall be located in a triangular area bounded by lines drawn from a point on the center line of the driveway, set back fifteen feet (15') from the front property line to points on the back of the curb in front of the property, forty feet (40') either side of the center line of the driveway, except that trees may be located or maintained in such area where pruned to a height greater than seven feet (7'). Nonview obstructing fences not exceeding four feet (4') in height may also be allowed in this area. (Ord. 96-03, 12-3-1996)

10-3-7: ANIMALS; PLACEMENT:

No animals or fowl shall be kept or maintained closer than forty feet (40') from a dwelling, and no barn, coop, pen or corral shall be kept closer than forty feet (40') to any street. (Zoning Ord.)

10-3-8: BUILDING REGULATIONS; WATER AND SEWER:

Domestic water supply and sewage disposal shall comply with the Board of Health requirements as represented by a certificate of approval from said County Board of Health in all applications for a building permit where either an approved supply of piped water under pressure or a sewer is not available. (Zoning Ord.; 1997 Code)

10-3-9: OFF-STREET PARKING SPACE REGULATIONS:

There shall be provided at the time of erection of any main building or at the time any main building is enlarged or increased in capacity, minimum off-street parking space with adequate provision of ingress and egress by standard sized automobiles, as follows:
   A.   Dwellings: In all residential districts there shall be provided in a private garage or in an area properly located for a future garage, space for the parking of two (2) automobiles for each new single dwelling unit or one and one- half (11/2) parking spaces for automobiles for each new dwelling unit in a building containing two (2) or more residential dwelling units, or for each dwelling unit added in the case of the enlargement of an existing building.
   B.   Buildings: For a new building or for any enlargement or increase in seating capacity, floor area or guest rooms of any existing main building there shall be at least one permanently maintained parking space of not less than two hundred (200) square feet of new area as follows:
      1.   Places Of Assembly: For church, high school, college and university auditoriums and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one parking space for every four (4) fixed seats provided in said buildings.
      2.   Hospitals And Clinics: For hospitals, at least one parking space for each two (2) beds capacity, including infants' cribs and children's beds. For medical and dental clinics, at least ten (10) parking spaces; provided, that three (3) additional parking spaces shall be provided for each doctor or dentist having offices in such clinic in excess of three (3) doctors or dentists.
      3.   Motels: For tourist courts and apartment motels, at least one parking space for each individual sleeping or living unit; for hotels and apartment hotels at least one parking space for each two (2) sleeping rooms, up to and including the first twenty (20) sleeping rooms, and one parking space for each three (3) sleeping rooms over twenty (20).
      4.   Restaurants: For restaurants or establishments serving meals, lunches or drinks to patrons either in their cars or in the building, and for dance hall and recreational places of assembly, at least one space for each serving unit, a serving unit to be one stool, booth or table.
      5.   Dance Halls: For dance halls and recreational places of assembly, one space for each one hundred (100) square feet of floor space of the building.
      6.   Mortuaries; Liquor Stores: For mortuaries, at least thirty (30) parking spaces; for liquor stores, at least twenty (20) parking spaces.
      7.   Retail Stores: For retail stores selling direct to the public, one parking space for each one hundred (100) square feet of floor space in the building. (Zoning Ord.)
   C.   Location To Dwelling Or Building: Parking space as required above shall be on the same lot with the main building, or in the case of buildings other than dwellings may be located not farther than three hundred feet (300') therefrom and within the same block unless reviewed by the planning commission and approved by the city council as a conditional use in an adjacent block. (Ord. 98-08, 9-15-1998)
   D.   Commercial Zones: For any building in a commercial zone, at least fifty percent (50%) of the lot shall be utilized for off street parking.
   E.   Public Parking Areas: Every parcel of land hereafter used as a public parking area shall be paved with an asphaltic or concrete surfacing and shall have appropriate bumper guards where needed as determined by the building inspector. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in any residential zone. (Zoning Ord.)

10-3-10: YARD VARIANCES; RESIDENTIAL ZONES:

The appeal authority may grant variances to front and side yard setback regulations for any residential zone under the following conditions: (Ord. 2015-08, 11-4-2015)
   A.   Request Of Contractor; Requirements: A subdivider or building contractor who is going to construct twenty (20) or more homes in any one approved subdivision makes a request for such a variance and the request be accompanied by a house location plat showing the location of houses to be constructed, and a written description of the front yard setback and the side yard setback for each lot, both of which shall be filed with the county recorder as amendments to the subdivision plat in which the construction is to take place.
   B.   Design Improvement: The plans and request indicate an effort to avoid stereotyped row houses, and would improve the overall design and utilization of the lots affected by the requested variance.
   C.   Minimum Distance Between Blank Walls: The minimum side yard distance between dwellings be reduced only in cases where a blank wall of one dwelling is opposite a blank wall of an adjoining dwelling for a distance of at least seventy five percent (75%) of the combined lengths of blank (windowless) wall space. In no case shall the minimum distance between dwellings be less than twelve feet (12'). (Zoning Ord.)
   D.   Minimum Front Setback: The minimum front setback so permitted be thirty feet (30') in residential R-1, and thirty feet (30') in residential R-3 zones. (Zoning Ord.; amd. 1997 Code)
   E.   Changes After Construction Not Permitted: Changes in house locations will not be permitted once construction is commenced. (Zoning Ord.)