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Washington Terrace City Zoning Code

17.44 General

Use Regulations

17.44.010 Generally

The regulations set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title.

HISTORY
Adopted by Ord. 18-88 §1(6) on 1/1/1988

17.44.020 Lots In Separate Ownership

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.

HISTORY
Adopted by Ord. 18-88 §1(6)(A) on 1/1/1988

17.44.030 Yard Space For One Building Only

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.

HISTORY
Adopted by Ord. 18-88 §1(6)(B) on 1/1/1988

17.44.040 Every Dwelling On A Lot

Every dwelling shall be located and maintained on a "lot" as defined in this title; such lot shall have the required frontage on a public street which has been dedicated to the public.

HISTORY
Adopted by Ord. 18-88 §1(6)(C) on 1/1/1988

17.44.050 Separately Owned Lots Reduced Yards

On any lot under a separate ownership from adjacent lots and of record at the time of passage hereof, and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which is not less than the same percentage of the width of the lot as the required side yard would be of the required lot width, provided that on interior lots the smaller of the side yards shall be in no case less than five feet (5'), or the larger less than eight feet (8'); and for corner lots the side yard on the side street side shall be in no case less than ten feet (10') or the other side yard be less than five feet (5').

HISTORY
Adopted by Ord. 18-88 §1(6)(D) on 1/1/1988

17.44.060 Sale Of Lots Below Minimum Space Requirements

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the appeal authority.

HISTORY
Adopted by Ord. 18-88 §1(6)(E) on 1/1/1988
Adopted by Ord. 07-08 on 6/19/2007

17.44.070 Yards To Be Unobstructed Projections Permitted Into Required Yards

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and excepting the following permitted projections:

  1. Belt courses, sills, and lintels may project eighteen inches (18") into required front, rear and side yards.
  2. Cornices, eaves and gutters may project three feet (3') into a required front yard, five feet (5') into a required rear yard, and two feet (2') into a required side yard.
  3. Outside stairways, fire escapes, flues, chimneys and fireplace structures not wider than eight feet (8'), measured along the wall of the building, may project not more than five feet (5') into a required front yard, ten feet (10') into a required rear yard, and three feet (3') into a required side yard.
  4. Unwalled porches, terraces and balconies may extend five feet (5') into required front and rear yards.
  5. Building accessories and sun breaks designed and intended to control light entering a building and being a permanent part of such building may project five feet (5') into a required front yard, ten feet (10') into a required rear yard and three feet (3') into a required side yard.

HISTORY
Adopted by Ord. 18-88 §1(6)(F) on 1/1/1988

17.44.080 Fences, Walls And Hedges

A.Residential Zones:

       1.  Interior Lots:

        a. Front Yards. No fence shall be erected in any residential zone which exceeds four feet (4')   in  height. All fence s must be constructed on or within the property line.

       b.Back Yards. A fence, wall, or hedge not in excess of six feet (6') in height may be erected anywhere on the lot behind the front yard setback line of the required front and side yard setbacks and is limited to the interior of a lot or parcel.

         c. Residential Zones. A fence within the interior lot or parcel of any rear or side yard area shall not exceed six feet (6’) in height

     2. Corner Lots:

       a. Front Yards. No fence shall be erected in any residential zone which exceeds four feet (4') in height, except within the sight triangle. All fences must be constructed on or within the property line. Any fence constructed adjacent to an existing or future sidewalk shall be located a minimum one (1’) foot behind sidewalk to allow a clear walkable area.

       b. Back Yards. A fence, wall, or hedge not in excess of six feet (6') in height may be erected        anywhere on the lot behind the rear line of the required front setback of the dwelling. On the side bordering the street, a fence, wall, or hedge not in excess of six feet (6') in height may be erected, as adopted in the following requirements.

                    i. Sight Triangle. The "sight triangle" is to protect the line of site for the intersection of  an area which extends for forty feet (40') in all zones from the corner in both directions. The maximum height in the sight triangle is two feet (2') for all fences, walls and hedges. All fences within the sight triangle must be on or within the property line. Any trees within the sight triangle must be trimmed above the ground at a seven-foot (7') minimum or comply with section 17.44.130 of this chapter.

           ii. No fence, wall, or hedge shall be constructed or maintained over, across, surrounding, or limiting access to any public utility or any utility meter. This does not apply to secondary water system valves that may exist in the rear yard or side yard of a property.

              iii. The sight-triangle shall be maintained and protected for any adjacent primary driveway closer than (24’) twenty-four feet of the constructed or proposed fence over (4’) four-feet high. Within (24’) twenty-four feet, the adjacent driveway sight-triangle shall be protected for the clear view setback of (24’) from the edge of primary driveway at one foot back of sidewalk and (15’) fifteen-feet from the face-of-curb to the fence alignment nearest the primary driveway. The primary driveway is defined as the driveway leading directly into the household garage or primary attached carport. 

             iv. Any fence, wall, or hedge shall be constructed or maintained behind gas and power meters, utilities to maintain access to those meters and equipment.

             v. Landscaping or shrubbery within the driveway site triangle or the roadway site triangle shall not obstruct or block or impede the line of site within those areas. Impediments shall be removed or altered in order to protect the sight-triangle for the safety and wellbeing of residents and motorist within the City.

vi. Downward Scallop Picket fences maybe installed the center point shall not be any higher than 2 two feet from grade which will be even with the sidewalk and the support post no higher than 3 three feet from grade even with the sidewalk. Open picket newels equally spaced forming a scallop appearance and which shall be approved by the building department.

3. Retaining Walls. Where a fence is erected on a retaining wall, or where for other reasons there is  a difference in elevation of the surface of the land on either side of a fence, the height of the fence shall be measured from the surface of the land on the side having the highest elevation.

B. Commercial Zones. Fence heights in commercial and manufacturing zones shall be as approved by the planning commission.

C. Public Facilities. The provisions of this section shall not apply to fences required by state law to surround and enclose public utility installations and public schools.

D. Residential. Any fences, walls, hedges over six feet (6') shall not be constructed without approval by the appropriate local authority or building official.

E. Prohibited Fencing. No fence shall be constructed of barbed wire, shard wire, or electrically charged wire in any residential zones. The following material is prohibited in all zones: grape stakes (or similar), plastic sheeting/plastic materials other than vinyl, traps, cloth, canvas or like materials, plywood, pallets, chain link fencing with slats will not be permitted within the front setback nor along any street.

F. Standard. All fences shall be weather protected from rust, sun, rain, and any other outside elements.

G. Maintenance of Fences and Walls. All fences, walls, and adjacent areas shall be maintained in good repair at all times by the property owner.

H. Removal and Repairs. Removing or repairing a fence that does not comply with the municipal code must be re-constructed and re-installed in accordance with the current code requirements.

HISTORY
Adopted by Ord. 18-88 §1(6)(G) on 1/1/1988
Adopted by Ord. 02-07 on 10/22/2002
Repealed & Reenacted by Ord. 18-07 on 6/5/2018
Amended by Ord. 19-07 on 9/17/2019

17.44.090 Area Of Accessory Building

No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard.

HISTORY
Adopted by Ord. 18-88 §1(6)(H) on 1/1/1988

17.44.100 Exceptions To Height Limitations

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, television masts, theater lofts, silos or similar structures may be erected above the height limits prescribed in this title, but no space above the height limits shall be allowed for the purpose of providing additional floor space.

HISTORY
Adopted by Ord. 18-88 §1(6)(I) on 1/1/1988

17.44.110 Minimum Height Of Main Buildings

No dwelling shall be erected to a height less than one story above grade.

HISTORY
Adopted by Ord. 18-88 §1(6)(J) on 1/1/1988

17.44.120 Maximum Height Of Accessory Buildings

No building which is 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').

HISTORY
Adopted by Ord. 18-88 §1(6)(K) on 1/1/1988

17.44.130 Clear View Of Intersecting Streets

In all zones which require a front yard, no obstruction to view in excess of two feet (2') in height shall be placed on any 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, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers, and pedestal type identification signs which also permit unobstructed vision.

HISTORY
Adopted by Ord. 18-88 §1(6)(L) on 1/1/1988

17.44.140 Animals And Fowl

The keeping or maintaining of animals and fowl shall be permitted only in conjunction with the residential use of the lot for any lot not less than twenty thousand (20,000) square feet, and provided such use is permitted in the zone in which the property is located. The foregoing use is permissible only in those cases which qualify as nonconforming uses as defined.

HISTORY
Adopted by Ord. 18-88 §1(6)(M) on 1/1/1988

17.44.150 Water And Sewage Requirements

In all cases where a proposed building or proposed use will involve the use of sewage facilities, and a public sewer is not available, and in all cases where a proposed supply of piped culinary water under pressure is not available, the sewage disposal and the domestic culinary water supply shall comply with requirements of the county health department and application for a building or use permit shall be accompanied by a certificate of approval from said health department. Building permits shall not be issued by the building official unless private water supply and private sewage disposal is approved in accordance with the above requirements. Where a public sewer is not available, no building permit shall be issued for any lot less than twenty thousand (20,000) square feet in area, except by approval of the county health department.

HISTORY
Adopted by Ord. 18-88 §1(6)(N) on 1/1/1988

17.44.160 Effect Of Official Map

Where a front yard is required for a lot facing on a street for which an official map has been recorded in the office of the county recorder, the depth of such front yard shall be measured from the mapped street line provided by the official map. Permits for structures within the lines of a mapped street as may be adopted as part of any official map shall be issued only in accordance with an ordinance of the city pertaining to the official map.

HISTORY
Adopted by Ord. 18-88 §1(6)(O) on 1/1/1988

17.44.170 Green Areas

  1. All residential zones are required to set aside at least twenty five percent (25%) of the lot for a green area.
  2. Green areas for commercial zones will be a minimum of ten percent (10%).

HISTORY
Adopted by Ord. 18-88 §1(6)(Q) on 1/1/1988

17.44.180 Zero Lot Lines

At the time of subdivision approval by the planning commission and the city council, one zero side yard may be permitted per lot in the subdivision under the following conditions:

  1. When the remaining one side yard is equal to the combined total of the two (2) side yards of the zone in which located.
  2. No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard.
  3. No zero side yard will be permitted on the lot side bordering on a nonresidential zone, or on the lot side bordering on a residential lot not utilizing zero side yard provisions.
  4. The use of the zero side yard provision is contingent upon development of or commitment to development of a zero side yard on adjacent lots.
  5. Each lot adjacent to a lot utilizing zero side yard provisions must have a perpetual four foot (4') wide maintenance easement designed on the recorded linen and in the deed of record. This easement shall be for the purpose of allowing access by the owner of the adjacent lot for maintenance of that portion of the dwelling along the side having the zero side yard. (Said easement would not be applicable to attached zero side yard development.)
  6. The exterior zero side yard wall of all zero side yard units shall be of a maintenance free material.
  7. The required side yard wall on all zero side units must remain free of structures other than fences or parking slab or driveway. Any fencing across the required side yard area blocking access to the required side yard must have a gate to facilitate fire and maintenance accessibility.
  8. The approved location of each dwelling and accessory buildings utilizing the zero side yard concept must be designated on each lot on the approved final subdivision linen.
  9. All building permits will be issued in strict accordance with the building site restrictions as shown on the approved subdivision linen. Any changes in the location of buildings from the locations shown on an approved linen must be approved by the planning commission and city council, and an amended final linen recorded with the county recorder showing the approved changes.
  10. Provision shall be made for separate utility metering.
  11. Existing subdivision where zero lot line dwellings are present are subject to the following:
    1. New Construction: The provisions apply to new construction only.
    2. Conditional Use Permit: The zero lot line concept may be utilized upon issuance of a conditional use permit approved by the planning commission.
    3. Other Provisions: Provisions of other subsections in this section may apply.
    4. Exception: A side by side twin home may be permitted on a single lot with minimum side yard clearances of nine feet (9') with a total of eighteen feet (18') upon approval by the planning commission.

HISTORY
Adopted by Ord. 18-88 §1(7) on 1/1/1988
Adopted by Ord. 4-92 §1 on 6/23/1992

17.44.190 Group Dwelling Special Regulations

  1. Yard Regulations: Group dwellings shall be considered as one building for the purpose of front, side and rear yard requirements, the entire group as a unit requiring one front, one rear and two (2) side yards as specified for dwelling structures. The minimum distance between structures shall be ten feet (10') for single-story buildings, fifteen feet (15') for two-story buildings and twenty feet (20') for three-story or higher buildings. 
  2. Group Dwelling PRUD: A group dwelling complex must be developed as a PRUD if the development meets the requirements of this title.

HISTORY
Adopted by Ord. 18-88 §1(8) on 1/1/1988
Adopted by Ord. 06-11 §1 on 11/14/2006

17.44.200 Landscaping Regulations

  1. Title. The name of this section shall be known and cited as “Landscaping Regulations” for the city of Washington Terrace (known as "city"). 
  2. Purpose and Goals. The purpose shall be to provide landscaping and buffering guidelines for developers and builders to follow in the design, installation, and maintenance of proposed residential, commercial, and industrial development projects.The goal shall be to promote quality landscaping design throughout the city while integrating various elements of site design. Landscaping regulations shall preserve and enhance the particular identity of the site by creating a pleasing site character and promote and encourage water conservation through landscaping design and irrigation systems. 
  3. Landscaping Defined. "Landscaping" shall mean some combination of planting materials such as trees, shrubs, ground covers, perennials, annuals, Xeriscape principles and other materials such as rocks, water, sculpture, art, walls, fences, paving materials, benches, and street furniture. 
  4. Landscaping. All landscaping shall be installed and maintained in conformance with a landscape plan approved by the planning commission for subdivisions, PRUDs, commercial/industrial businesses and commercial/industrial zones. 
    1. Landscape Plan: Two (2) copies, eleven by seventeen (11 x 17), of a detailed landscaping plan and development plan shall be submitted to the planning commission at the time of site plan review. Fifteen percent (15%) of a business/commercial area shall be maintained in landscape open space; 
    2. Tree Stand; Natural Vegetation: Existing significant tree stands and natural vegetation shall be integrated into the site landscape plan to the maximum extent possible. The minimum size for landscaping is five (5) gallon shrubs, two inch (2") width caliper trees, and five (5) to six foot (6') tall evergreens; 
    3. Preparation by a Licensed Architect. The city requires that landscaping plans be designed by a licensed landscape architect.
    4. Sprinkling or Irrigation System. Plantings shall be serviced by an acceptable underground sprinkling or irrigation system. 
    5. Noise and Glare. Landscaping shall minimize the nuisance of noise and glare; 
    6. Certain Species Prohibited. Species that are a public nuisance or that cause excessive litter shall be avoided. 
  5. Scope Of Requirements:
    1. Residential landscaping includes all R zones.
    a. New Homes: All landscaping for new construction shall be installed and maintained for the park strip, front yard, and side yard within one (1) year of taking occupancy of any lot or parcel on which a home has been constructed. Rear yard landscaping shall be installed within 2 years of occupancy.
    b. Existing Homes: All landscaping for existing homes shall be installed and maintained on any lot or parcel on which a home exists. Homes that have a transfer of title or ownership will have one (1) year to landscape the park strip, front yard, side yard, and rear yard.
    c. Park Strip: Park strips shall be maintained and landscaped by the abutting property owner.

    i. Low growing conforming type vegetation/grass shall be allowed to be planted in park strip areas.
    ii. Shrubs, vegetation and landscaping shall not exceed three (3) feet in height in any park strip. Shrubs, vegetation and landscaping that becomes a nuisance shall be subjected a notices, citation and removal by city ordinance.
    iii. Trees within a park strip must comply with the city ordinances and a city zoning compliance permit shall be completed before installing any trees in the park strips. (See approved park strip tree list below.)
    v. Shrubs, vegetation and landscaping, in the event becomes an obstruction due to utility work, City construction/ road projects and any other public/city project, may be required to remove the shrubs, vegetation and or landscaping.
    vi. All existing trees in the park strips that are not listed below shall be nonconforming, but if the tree becomes a hazard or damages sidewalks or curbs and gutter, the tree should be removed. If the abutting property owner removes the tree, the same tree cannot be placed back into the park strip area and must comply with the approved park strip trees that have been adopted by code.
    vii Prohibited Shrubs, vegetation and landscaping: no Pfitzer or junipers shall be allowed, plants with thorns, spines, or other sharp, rigid parts are hazardous to the public, shrubs that create visual barriers, and structural encroachments into sidewalks, curb and gutters.
    viii. Property owners shall get approval from the building official or public works director to have concrete or other decorative material installed within the park strips. (Zoning compliance permit will be required)
    d. Approved Park Strip Trees:
    A. Crabapple/flowering
    B. Plum-nonbearing varieties only
    C. Goldenrain tree.
    D. Hawthorn: Lavalle, Carriere, Washington, or Paul Sarlet
    E. Imperial honey locust.
    F. Japanese lilac tree.
    G. Maple: hedge, amur, tartartian, Rocky Mountain, or truncatum.
    H. May Day tree.
    I. Red bud, eastern tree.
    e. Alternative Landscape Methods: Any alternative method of landscaping, such as Xeriscape, shall receive approval by the city building official. The applicant shall submit two (2) copies, eleven by seventeen (11 x 17), of landscaping plans for review.
    f. Compliance: All landscaping shall also comply with all other municipal codes that apply, including, but not limited to, this chapter.
    g. Residential Compliance: Residential landscaping shall also comply with subsections D4, D5 and D6 of this section.
  6. Maintenance. Each property owner of commercial and/or residential shall maintain all landscaping installed and required as part of site plan approval and/or when no site plan is obtainable shall be required to comply with this chapter as follows:
    1. All landscaping shall be adequately watered, mowed, and maintained.
    2. All landscape shall be properly fertilized, any dead plant materials shall be regularly removed and replaced in a timely manner.
    3. Irrigation systems shall be monitored to provide for sufficient plant life, prevent waste, and maintained to prevent leakage or blockages.
    4. Xeriscaping shall be maintained as provided as shown on the approved site plan, and all dry landscape materials shall follow industry standards of fire prevention, upkeep, and preventative maintenance.
    5. General maintenance of landscaping includes keeping landscape in good order and repair.
    6. Lawn, grasses, and other approved ground cover shall be maintained in an attractive manner with shall water and fertilizer to maintain healthy plant life. Lawn, grasses and other acceptable ground cover shall not exceed six (6) inches in height at any time.
    7. Trees shall be trimmed and kept in an attractive manner. Only the acceptable trees shall be allowed as listed in section, landscaping regulations. Trees shall not be an obstruction to clear view areas of streets.
    8. Bushes and shrubs shall be maintained in an attractive manner. Bushes and shrubs located within clear view areas of street intersections shall not be an obstruction, shall be trimmed so that the highest branch is no more than thirty-six (36) inches in height, measured from the top of the curb, or in the case of no curb, the average elevation of the road. Bushes and shrubs shall not be planted in a manner that has the effect of hiding or making it difficult to identify a fire hydrant. Leaves shall be removed from the curb and gutter on a regular basis to avoid interference with the flow of water.
    9. Rocks, stones, fountains, planter beds, and other landscaping features shall be attractive and appropriate for their location. Where rocks or other non-vegetative landscaping is used, the area shall be kept free of weeds, overgrowth, and debris. Water features shall be adequately monitored, safe, regularly cleaned, and kept free of moss, contamination, and disease including but not limited to listeria. Landscaping features located within clear view areas of street intersections, shall be placed so that the feature is no more than thirty-six (36) inches in height.
    10. Landscaping features shall not be placed in a manner that has the effect of hiding or blocking access to identify and use any fire hydrant.
    11. All landscaping for commercial/industrial businesses/zones shall be maintained and installed on lot or parcel. Businesses that have a transfer of title or ownership, by sale or lease, shall comply with the following items and subsection F of this section:
    a. There shall be landscaping maintained along the right of way line of dedicated streets in accordance with a detailed landscaping plan approved by the planning commission.
    b. All landscaping shall not obstruct pedestrian walkways, vehicular use of driveways, and parking stalls and corner lot sight triangles of any street.
    c. Storm water related devices, such as detention/retention basins and ponds, culverts, and riprap structures should be landscaped to reduce their visual impacts. Such landscaping may include evergreen plantings, shrubbery, hedges, and other suitable planting material that will control siltation and erosion.
    d. Fire hydrants shall be free from obstruction on all sides by a minimum of three feet (3').
    e. Environmentally sensitive areas designated by the city shall be preserved and untouched by development. The same standard applies to wetlands.
    f. Berms shall comply with city standards.
    g. Concrete curbs shall be provided between landscaped areas and off street parking areas.
    h. Where a commercial or industrial development or business abuts any residential zone or residence, there shall be provided along the adjoining property line a decorative seven foot (7') high sight obscuring solid masonry wall and a ten foot (10') wide landscaped strip. The wall shall be constructed and maintained by the owner of the commercial or industrial development or business.
    i. All landscaping must be completed before final occupancy is granted or business license issued. If completion is unfeasible, the applicant must submit in escrow an amount equal to complete thelandscape plan. All landscaping shall be completed within six (6) months of the issuance of final occupancy or business license. If completion is not obtained, the applicant will forfeit escrow.
    j. Landscaping shall be maintained during construction projects.
    k. Dead or damaged landscaping shall be replaced within thirty (30) days of notification by the city or during the next planting season if not possible at the current time.
    l. It shall be required to show the blowout valves and sprinkler connections on the site plan.
    3. Public Park Strip in the Commercial/Industrial Zones and on Adams Avenue.
    a. No trees shall be planted in any public park strip within any Commercial/Industrial Zone. No tree shall be planted in the planted in the public park strip on and along Adams Avenue.
    b. Any new tree planted is deemed a nuisance subject to abatement at the expense of the person who planted the tree. All existing trees in a park strip where a tree is prohibited shall be deemed nonconforming. Any nonconforming tree that is removed shall not be allowed to be replanted and shall comply with this chapter.
    c. A nonconforming tree is deemed a nuisance subject to abatement and reimbursement of any damages at the expense of the person owning the street frontage where the tree is located in the event that the nuisance tree causes or may cause damage to any utility, infrastructure, sidewalks, curb or gutter, or storm drain.
    d. No trees or landscaping shall be installed or maintained so as to obstruct pedestrian walkways, sidewalks, driveways, parking stalls, and standard corner lot sight triangles of any street.
    e. All landscaping shall comply with this chapter and other governing provisions of the municipal code,
    f. Shrubs and vegetation not to exceed three (3) feet in height may be installed in any public park strip, subject to removal in the event the landscaping becomes a nuisance, utility work, or other construction.
    g. Fire hydrants shall be free from obstruction on all sides by a minimum of three (3) feet.
    h. The park strip under this subsection shall be properly maintained, watered,
  7. Submittal Requirements. All landscaping shall be installed and maintained in conformance with an approved landscape plan. The applicant shall submit two (2) copies, eleven by seventeen (11 x 17), of landscaping plans to the city building official. 
    1. Landscape plans are required for all nonresidential projects. 
    2. The landscape plan may be incorporated into the site plan or provided separately. 
    3. No permit for use, subject to the requirements of this section, shall be issued until a landscape plan has been approved by the planning commission. 
    4. The landscape plan shall be drawn to scale and accurately depict the following information: 
      1. The names of all types of plant species proposed. 
      2. The number, size and spacing of all proposed plants and the height of trees and shrubs at the time of planting. 
      3. The lot area and the total area of the lot required to be landscaped. 
      4. Location and dimensions of planting areas. 
      5. Details of any required berms, fences, or walls. 
      6. The location and dimensions of any proposed or required pedestrian walkways. 
    5. Escrow. Owner/developer shall enter into an escrow agreement with the city wherein the owner/developer shall deposit sufficient funds to ensure installation of the required landscape, which amount shall include an additional ten percent (10%) of the total amount required, ten percent (10%) shall be applied in the event of default by owner/developer. The escrow agreement shall include a time certain for installation of thelandscaping by the owner/developer. Upon default of the owner/developer of any of the conditions of this section, or the escrow agreement, the city will receive the escrow funds and complete the required landscaping. 
    6. Nonconforming Status. Any use of property which on the effective date of this section or any subsequent amendment thereto is nonconforming only as to the regulations relating to landscaping may be continued in the same manner as if the landscaping was conforming. However, such use may not be increased in intensity except in accordance with the requirements of this section and any landscaping which may exist in the locations specified by this section shall not be reduced unless suitable substitutions are made which would meet the requirements of this section.
  8. Penalty: 
    1. Penalties For Failure To Comply: Any owner, occupant or person having an interest in, or control over, the property to which a notice of compliance is issued under the provisions of this chapter, who fails to comply with the notice of compliance from the inspector or order given pursuant to this chapter, shall be guilty and the following penalties and remedies shall apply: 
      1. Any violation of this chapter shall be deemed a class C misdemeanor. 
      2. The amount of the monetary fine shall be a five hundred dollar ($500.00) fine and penalty for the notification of the removal of the violation, and fifty dollars ($50.00) each day that the violation remains uncorrected or unabated
HISTORY
Repealed & Reenacted by Ord. 15-04 on 5/19/2015
Amended by Ord. 18-03 on 3/20/2018
Amended by Ord. 18-09 on 6/19/2018

17.44.205 Landscape Requirements For Certain Roads Tmp

  1. Applicability. The following provisions shall govern lots in any zone where a lot has a rear yard backing onto or a side yard adjoining an arterial or collector street as classified by the city.
  2. Buffer Required. In all new development, a strip of land directly adjacent to the right-of-way line of the arterial or collector street shall be set aside to provide a buffer to enhance the streetscape and mitigate the impacts of the arterial or collector street adjacent to the rear or side of a lot.
    1. This buffer shall be identified on the recorded plat in one of the following ways:      
      1. As a landscape easement; or
      2. As property owned in common by an owners association. 
    2. The buffer shall be a minimum of five (5) feet in width.
    3. When the buffer is located in the rear or side yard of a lot, the buffer shall be a maximum of ten (10) feet.
  3. Landscaping. The following landscaping requirements apply:    
    1. Trees shall be located on twenty (20) foot centers within the buffer area. Any trees shall be a variety as specified  on the City's recommended trees for park strips.                                                                 
    2. In the case where a lot is part of a subdivision and must face onto the arterial street, the required buffer and landscape theme shall be continued along the front of the lot.
    3. Ground cover or high grade fabric shall be provided that is pervious and discourages weed growth.             
    4. A minimum of two (2) shrubs shall be provided between the required trees.
    5. A six (6) foot solid or semi-private fence will be installed along the entire perimeter on the inside edge of the buffer area. For residential developments adjacent to Adams Avenue Parkway, a minimum eight (8) foot decorative masonry wall shall be installed along the entire perimeter on the inside edge of the landscape buffer area. The design of the masonry wall shall be consistent with the existing wall design as approved by the City Engineer.
    6. Irrigation for the buffer area shall be provided either through a master meter or through separate irrigation systems provided from each lot along the edge of the buffer area.
    7. The sidewalk and park strip shall be incorporated into the buffer area and may meander. Subject to any standards of the City or UDOT for state roads.
  4. Installation and Maintenance. The following applies:
    1. The developer shall be responsible for the installation of the buffer which shall be included in the financial guarantee for the development’s improvements. All improvements under this section are subject to a one (1) year guarantee by the developer.
    2. Where an owners association is involved, the recorded declarations and covenants shall include a provision providing for the collection of fees to maintain the buffer area.Maintenance of the buffer area shall also include the maintenance of the sidewalk and park strip area.
    3. Along major arterial roads and connecting collector roads that are linked to major entryways into the City, the City will have the option to assume responsibility for the maintenance and include a City entryway sign. In such a case, a one (1) year guarantee shall be required to cover the planted material and the irrigation system and drawings for the irrigation system must be submitted and approved by the City.

HISTORY
Adopted by Ord. 16-05 on 9/6/2016

17.44.210 Cash Advance Establishments

  1. Scope and definition. This section applies to any "cash advance establishment" (which include "check cashing" business, or "deferred deposit transaction business" or "advanced payday lender" or similar operation) where the business cashes payroll, government, personal, and other types of checks, among other related services, while taking a commission off the face-value of the check. It also includes any business that provides payday lender services provides small cash loans based on a borrowers personal check held for future deposit or on electronic access to a borrower's bank account in exchange for the borrower including a fee for the loan in the face value of the personal check or providing other consideration of any kind. The businesses defined below are within the scope of this section: 
    1. "Check cashing center" means an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders or other commercial paper serving a similar purpose. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution. This classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business. 
    2. "Check cashing facility" means an establishment primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks, not including state or federally chartered banks, credit unions, savings and loans, or similar financial institution. 
    3. "Payday lender business" means an establishment that offers, originates, or makes a deferred deposit transaction. A "deferred deposit transaction" is a transaction whereby a person defers depositing a customer's personal check until a specific date, pursuant to a written agreement. A payday lender business does not include a state or federally chartered bank, savings association, credit union, or similar financial institution, or retail stores that incidentally charge a fee not exceeding $2.00 to cash checks or money orders as a service to customers. 
  2. Findings. The City Council of Washington Terrace finds and declares the following: 
    1. According to the Consumer Federation of America, because of the high fees paid for these short term loans and check cashing services, some borrowers may pay the equivalent of more than 900% annual percentage rate interest on their loan. 
    2. According to certain studies, check cashing and payday lender businesses have grown over 1300% nation-wide between 1996 and 2007 and are estimated to be growing at a rate of 15% a year. The growth of check cashing and payday lender businesses appear to be predominantly focused in moderate and lower income neighborhoods. 
    3. That a large portion of the City includes moderate and lower income neighborhoods. 
    4. A recent study by "The Progressive Policy Institute" reveals that a traditional bank account is the first step toward giving low-income Americans access to the mainstream tools for wealth creation now taken for granted by the middle-class. The unchecked proliferation of check cashing and payday lender businesses had lead to the displacement of full service banking institutions, making access to traditional banking services even more difficult in lower income neighborhoods. 
    5. Continued proliferation of check cashing and payday lender businesses can result in a reduction or displacement of needed financial services and other commercial benefits in these neighborhoods. 
    6. That appropriate land use and regulatory controls on these types of businesses can still provide for this service while off-setting the negative effect upon the City. 
  3. Limitation on businesses defined in this section: 
    1. No business shall be located within one (1) mile of any other or similar business within or outside the city limits. 
    2. Distance requirements defined in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the entry door of each business. 
    3. Only one business shall be allowed in the City for every 15,000 residents living in the City.

HISTORY
Adopted by Ord. 08-08 on 7/15/2008

07-08

02-07

18-07

19-07

4-92

06-11

15-04

18-03

18-09

16-05

08-08