Where the following code provisions are in conflict with others, the stricter requirements shall apply.

No building or improvement or portion thereof in the residential agricultural zone (R-A) or the single-family residential zone (R-1) shall be erected, constructed, converted, established, altered or enlarged nor shall any lot or premises be used except for one (1) or more of the following purposes:

(1)

One (1) single-family dwelling per lot, or urban dwelling unit pursuant to article xii, division 30 of this chapter. Any additions or accessory buildings shall maintain architectural consistency with the house regarding roof profile and pitch, materials, colors, roofing, scale, exterior treatment and details.

(2)

Accessory buildings.

a.

Accessory dwelling units as allowed per article XII, division 11 (26-685.30 et seq.).

b.

Nonhabitable accessory buildings or structures, including, but not limited to the following:

1.

Garages;

2.

Carports;

3.

Workshops;

4.

Storage rooms or sheds;

5.

Detached patio covers;

6.

Pool bathroom or detached bathroom.

7.

Recreation room.

All nonhabitable accessory buildings of more than one hundred twenty (120) square feet shall file a covenant defining the use of the accessory building and stating that the building shall not be converted to any other use without city approval including an accessory dwelling unit.

(3)

In the R-A zone only, agricultural crops for sale.

(4)

Private greenhouses and horticultural collections.

(5)

The following poultry and animals of such type, size and number so as not to be capable of inflicting harm or discomfort or endangering the peace, health or safety of any person or property.

a.

Household pets: Provided that not more than three (3) adult dogs or four (4) adult cats or one (1) miniature pot-bellied pig (subject to the approval of a miniature pot-bellied pig permit) or a combination of three (3) such animals may be kept on any lot unless a conditional use permit has been granted authorizing the development, maintenance and operation of a hobby kennel on the lot, or as otherwise permitted pursuant to an approved miniature pot-bellied pig permit.

b.

Poultry (hens only in the R-1 zone) and pigeons, provided that not more than twenty-four (24) birds are maintained on any lot or parcel.

c.

Domestic homing pigeons, in excess of twenty-four (24) birds and not more than sixty (60) birds on any lot or parcel, are subject to the approval of an administrative use permit and the standards listed below. Domestic homing pigeons are defined as members of the family Columbidae, and include "racing pigeons," "fancy pigeons," and "sporting pigeons," as defined by the American Racing Pigeon Union and can be identified by a numbered leg band issued by a recognized national or state pigeon organization or other organization recognized by the City of West Covina.

1.

A detailed plan of the loft showing its location on the property and evidence of membership and/or certification by one (1) of the above-mentioned organizations shall be submitted in conjunction with the administrative use permit application.

2.

The loft shall be of sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition.

3.

No loft structure shall be closer than ten (10) feet to any separate accessory building.

4.

Lofts and pigeons shall be not less than thirty-five (35) feet from any habitable building and not less than one hundred (100) feet away from any school or hospital.

5.

All feed for pigeons shall be stored in sealed containers in a manner as to protect against intrusion by rodents and other vermin.

6.

No more than thirty (30) pigeons shall be released for training and exercised at one (1) time.

7.

The hours in which exercising/training may occur are limited by the administrative use permit.

8.

Each pigeon shall not be allowed out of its loft more than one (1) time in a twenty-four-hour period.

9.

Pigeons shall not be allowed out of their loft except for exercising/training or when being transported for a flight.

10.

Facilities and equipment shall be cleaned daily and maintained in a clean and healthy condition.

11.

No one shall release pigeons to fly for exercise, training or competition except in compliance with the following:

i.

The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.

ii.

Pigeons shall not be released for flying which have been fed within the previous four (4) hours.

12.

All pigeons shall be banded and registered with one (1) of the national pigeon associations/registries.

d.

Rabbits, chinchillas, hamsters and other small animals raised for:

1.

Food or scientific fur bearing purposes, in the R-A zone only.

2.

Domestic noncommercial use in the R-A and R-1 zones.

provided not more than a total of twenty-four (24) of such animals and birds described in paragraphs (2) and (3) may be maintained on a site (in both R-A and R-1 zones).

e.

In area districts III, IV and V, bovine animals, sheep and goats or any combination thereof in the R-A zone, may be maintained on sites having at least twenty thousand (20,000) square feet, provided that the following ratio of animals to lot area is maintained and that they are owned only by persons residing on the parcel:

f.

In area districts III, IV and V, horses may be maintained on lots of twenty thousand (20,000) square feet or greater.

1.

The number of horses over nine (9) months of age permitted to be maintained shall be as follows:

2.

For lots that abut a "special facilities park," the number of horses permitted to be maintained shall be increased as follows:

3.

The keeping of horses under ten (10) months of age are not subject to the limitations stated above.

g.

An additional number of horses, bovine animals, sheep or goats in excess of those permitted under subsections (4) and (5) above may be maintained up to a maximum of ten (10), subject to the granting of a conditional use permit pursuant to section 26-246.

h.

Commercial boarding or breeding of horses may be permitted subject to the granting of a conditional use permit pursuant to section 26-246.

i.

Animals listed in subsections (4) and (5) must be kept within a corral, pen, or other suitable enclosure maintained so as to confine such animals. In addition, horses must be provided with a corral or stable area of the following minimum sizes:

1.

Corral: Two hundred forty (240) square feet per horse; minimum dimensions of twelve (12) feet by twenty (20) feet;

2.

Stable: Twelve (12) feet by twelve (12) feet per horse.

Corrals shall be a minimum of five (5) feet in height and shall be constructed of material to adequately confine the horses.

j.

The location of barns, corrals, or stables shall comply with section 26-405.5. A barn, corral, or stable may be located within fifty (50) feet of a front property line at the discretion of the planning director or his designee where the design and appearance of such structures is determined to be harmonious with and complementary to that of surrounding properties.

k.

Refuse from animals mentioned in subsections (4), (5), and (6) above shall be stored in water-tight receptacles with close fitting lids or stockpiled for composting. The outer layer of manure shall be covered with polyethylene tarp and sealed by covering the edges with soil for animal composting. Stored animal refuse shall be disposed of not less than once per week.

l.

Barns, corrals, or stables shall be cleaned and maintained on a weekly basis such that dust, flies, and odors shall not be detectable from adjacent properties.

m.

Notwithstanding the poultry and animals permitted to be kept pursuant to subsections (1) through (13) above, no wild and dangerous or wild and potentially dangerous animal or animals (as defined in section 6-1 of this Code) shall be brought into, kept, harbored, possessed, liberated, or maintained on any portion of any lot or within any building or structure thereon.

1.

This prohibition shall not apply to any offspring of any legally kept wild animal until such offspring reaches an age of four (4) months.

2.

This prohibition shall not apply to any circus or show involving the temporary exhibition of wild animals when otherwise permitted under this Code.

(6)

Garage sales. (See requirements in sections 14-101 to 14-104.)

(7)

Home occupations as set forth in article XII, division 5 of this chapter.

(8)

State-authorized small family day care.

(9)

State-authorized residential care facilities (six (6) or fewer clients).

(Code 1960, §§ 1071, 10701.01—10701.09; Ord. No. 1441, § 1, 5-29-79; Ord. No. 1450, § 1, 8-13-79; Ord. No. 1488, § 17, 8-25-80; Ord. No. 1530, § 1, 2-8-82; Ord. No. 1574, § 1, 1-24-83; Ord. No. 1603, § 1, 8-22-83; Ord. No. 1628, § 1, 3-12-84; Ord. No. 1855, § 2, 8-13-90; Ord. No. 1857, § 2, 8-27-90; Ord. No. 1917, § 2, 4-20-93; Ord. No. 1922, § 2, 6-1-93; Ord. No. 1959, § 2, 9-5-95; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2039, § 3, 6-15-99; Ord. No. 2060, § 3, 10-3-00; Ord. No. 2153, § 3, 9-19-06; Ord. No. 2184, § 3(Exh. A), 12-16-08; Ord. No. 2230, § 2(Exh. A, § 2), 5-15-12; Ord. No. 2260, § 3(Exh. A), 7-1-14; Ord. No. 2316, § 2(Exh. A), 5-2-17; Ord. No. 2441, § 2, 6-19-18; Ord. No. 2465, § 3, 12-17-19; Ord. No. 2469, § 4, 2-4-20; Ord. No. 2473 , § 3, 11-2-21; Ord. No. 2493 , § 3, 12-7-21)

Editor's note— Ord. No. 2469, § 5, adopted Feb. 4, 2020, repealed § 26-391.5, which pertained to accessory buildings, accessible, and derived from Ord. No. 2260, § 3 (Exh. A), 7-1-14; Ord. No. 2316, § 3 (Exh. A), 5-2-17.

Purpose. The provisions of this section are intended to reinforce community standards and to promote an attractive residential appearance in the city's neighborhoods. The size, number, and location of parked and stored vehicles in residential zones are regulated to preserve the appearance of neighborhoods as predominantly residential in character. These regulations apply to all residential uses in R-1 and RA zones.

(a)

Commercial vehicles. It shall be unlawful to park or store any commercial vehicles, trailers, or other related equipment. The provisions of this subparagraph (a) do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, or recreational vehicles.

(b)

Allowed parking area. For residentially zoned lots developed with a single-family residence, allowed parking areas, in addition to a permitted garage or carport, are:

(1)

Allowed paved areas of the front yard as defined in subsection 26-402.5(d) and paved areas of the unscreened street side yard as defined in subsection 26-402.5(d) and as further set forth in subsection 26-402.5(f).

(2)

Areas of interior side, street side (as defined in subsection 26-402.5(d)), or rear yards which are fully screened by solid six-foot fences or walls and/or view-obscuring landscaping, except within five (5) feet of the rear property line.

(3)

Public sidewalks and paved areas of a public parkway are not considered allowed parking areas.

(c)

Parking of recreational vehicles, recreational equipment and trailers, and utility trailers in side and rear yards. Recreational vehicles, recreational equipment and trailers, and utility trailers may be parked in fully-screened side or rear yard areas as set forth in subsection (b)(2).

(d)

Parking of recreational vehicles, recreational equipment and trailers, and utility trailers in the front yard or unscreened street side yard.

(1)

As used in this section, "front yard" shall mean all space between the main building (and the projection of the main building to the side property lines) and the front street property line. Also as used in this section, "street side yard" shall mean all space between the main building (and the projection of the main building to the front and rear property lines) and the side street property line of a corner lot. Also as used in this section, side pad refers to the additional paved parking area to the side of the primary driveway as defined in subsection 26-402.5(e).

(2)

Under no circumstance may utility trailers be parked in the front yard or unscreened street side yard.

(3)

Campers and camper shells placed on the ground or otherwise not properly mounted on a pickup or other truck may not be stored in the front yard or unscreened street side yard.

(4)

Vehicles must be registered to the permanent resident of the property and registered to the property address.

(5)

Vehicles shall be maintained in proper condition. Vehicles stored or maintained in one (1) or more of the following conditions shall be deemed to be in violation of this standard:

a.

Vehicles with damaged or broken windows or doors, or damaged or torn screens or shades.

b.

Vehicles that are covered with tarps or other covers which are deteriorating or torn.

c.

Vehicles with damaged or broken parts, including, but not limited to, tow bars, mirrors, light shields, bumpers, tanks, ladders, soft top cover for popups, luggage compartment doors, air handling units, and luggage racks.

d.

Vehicles with any peeling, blistering, rusting, or otherwise deteriorating exterior surface.

e.

Vehicles with open awnings, open slide-outs, and open popups.

(6)

In addition to other applicable standards, vehicles may not be parked closer than a distance of five (5) feet from the curb face or the edge of the street pavement, if no curb exists.

(7)

In no case shall the parking of a motor home, accessory recreational vehicle, or recreational equipment and trailer in a location other than the primary driveway block the use of the primary driveway or access to the garage or carport by other vehicles.

(8)

One (1) motor home or accessory recreational vehicle may be parked on the side pad, circular drive, or other allowed parking areas that are not part of the primary driveway leading directly to a garage or carport without the approval of an administrative use permit.

(9)

Motor homes, accessory recreational vehicles, and recreational equipment and trailers, up to an overall total of two (2) such vehicles, may be parked in any allowed parking area, subject to the approval of an administrative use permit pursuant to the provisions of sections 26-270 through 26-274, and further pursuant to the provisions of subsection (e) below. A first motor home or accessory recreational vehicle permitted to be parked pursuant to subsection (8) above shall be included in the total of two (2) vehicles.

(e)

Administrative use permit. The approval of an administrative use permit for the parking of motor homes, accessory recreational vehicles, and recreational equipment and trailers pursuant to subsection (d)(9) above shall be subject to the following:

(1)

The parking of vehicles shall comply with all requirements of subsection 26-392(d).

(2)

The administrative use permit shall be valid only for the specific vehicle(s) identified in the permit. Approval to park any new or replacement vehicle(s) shall require a separate administrative use permit.

(3)

An administrative use permit to park recreational equipment and/or trailers may only be approved in cases where no other suitable parking area exists in a garage, carport, or side or rear yard, as determined by the planning director. Grounds for the inability to use the side or rear yard shall include the inability to provide appropriate access to said yards and/or inadequate area. Grounds for the inability to use a garage or carport shall include inadequate size and dimensions. The parking of other vehicles or the storage of other goods and equipment shall not constitute grounds for the inability to use a garage or carport.

(4)

An administrative use permit to park vehicles in the primary driveway may only be approved in cases where no other suitable parking area exists outside of the primary driveway and the installation of such suitable parking area is not possible or practicable given topography, lot size or configuration, or other existing improvements on the lot, as determined by the planning director.

(5)

The administrative use permit may prescribe a specific area or location where the vehicle must be parked in the front yard.

(6)

Findings. Before an application for an administrative use permit may be granted, the following findings shall be made:

a.

The manner and location proposed for the parking of vehicles is sensitive to visibility from and adverse aesthetic impacts to surrounding properties.

b.

The manner and location proposed for the parking of vehicles is sensitive to the safety and convenience of pedestrians and motorists.

c.

The proposed parking of vehicles will not unreasonably infringe upon the use and enjoyment of adjoining properties.

d.

In the case of an application for parking of recreational equipment and trailers, no other suitable parking area exists in a garage, carport, or side or rear yard.

e.

In the case of an application for parking of vehicles in the primary driveway, no other suitable parking area exists outside of the primary driveway and the installation of such suitable parking area is not possible or practicable given topography, lot size or configuration, or other existing improvements on the lot.

(f)

Inoperable vehicles. It shall be unlawful to park or store any inoperable vehicle in any front yard, or any other yard where not screened from all off-site ground-level views, for more than seventy-two (72) hours. Up to two (2) inoperable vehicles may be parked for any length of time in an enclosed garage or the rear or side yards where such yards are completely enclosed with six-foot solid walls or fences.

(g)

Auto repair and service.

(1)

It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not registered to the occupant of the property, or otherwise belonging to him/her, except completely within the garage, carport, or on the primary driveway. Only one (1) vehicle at a time may be serviced or repaired on the primary driveway or in a carport per residential lot.

(2)

Notwithstanding subsection (e)(1), it shall be unlawful to conduct more than (2) incidents of repair or service within a thirty-day period on vehicles not registered or otherwise belonging to the occupant(s) of the property on which the repair or service is taking place. An incident shall include all repair or service activities occurring within a seventy-two-hour period. This section shall not apply to an incident of repair or service required by an emergency.

(3)

An incident of repair or service under subsections (e)(1) and (2) shall be allowed only if the repair or service is conducted between 8:00 a.m. and 10:00 p.m., noise levels created do not exceed the ambient noise level by more than five (5) decibels at the property line, and the repair or service complies with applicable environmental, health and safety codes and regulations. Further, use of power tools (pneumatic or electrical) shall not be permitted beyond the hour of 8:00 p.m.

(4)

No tools, motor vehicle parts, supplies, or equipment used for automobile repair and service shall be left, stored or maintained outdoors in a location that is readily visible from a public right-of-way or an adjoining property upon any overnight interruption or cessation of repair work.

(5)

All fluids, liquids and oil or other petroleum products that are taken out of a motor vehicle or used in conjunction with any repair work shall be disposed of in a lawful manner. In no instance shall these products or substances be allowed to drain or spill onto adjoining property or into the public right-of-way, storm drain, plumbing system or sewer system.

(6)

Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic equipment (as determined by the planning director) are prohibited from being installed, kept, stored, maintained or otherwise used for conducting automotive repair or storing of vehicles.

(h)

Operations of vehicles on private property. The following shall apply:

(1)

It shall be unlawful to operate any motor vehicle (as defined in section 415 of the Vehicle Code of the State of California) upon the private property of another without first obtaining the written permission of said owner.

(2)

Persons who obtain permission from private property owners to operate motor vehicles thereon shall maintain in their possession such written permission at all times when operating motor vehicles on said private property.

(3)

This subsection (h) in no way prohibits the use of such private property by:

a.

Emergency vehicles.

b.

Vehicles of commerce in the course of the conduct of normal business.

c.

Vehicles being operated on property devoted to commercial purposes where the general public is expressly or implicitly invited to such property.

d.

Vehicles operated on property actually used for residential purposes and where such vehicle is there at the express or implicit invitation of the owner or occupant.

(i)

Use of vehicles as living quarters. It shall be unlawful to use or allow to be used any motor home, accessory recreational vehicle, or similar type trailer as a living quarters. For purposes of this subsection living quarters shall mean occupying the vehicle for the purpose of living, eating, cooking, or sleeping on a permanent basis in a manner similar to the occupancy of a dwelling unit. No plumbing or electrical permits shall be

issued for the purposes of serving a motor home, accessory recreational vehicle of similar type of trailer on a single-family property. A permit to use a motor home, accessory recreational vehicle, or similar type trailer, as temporary habitation shall be allowed under the following conditions:

(1)

An administrative permit shall be obtained from the planning department.

(2)

Permits shall be granted for a maximum total of fifteen (15) days in a calendar year at a property with a habitable single-family residence.

(j)

Public nuisance. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the city to allow the existence of any violation of this section.

(Ord. No. 2030, § 4, 4-20-99; Ord. No. 2112, § 3, 4-20-04; Ord. No. 2113, § 2, 4-20-04; Ord. No. 2130, § 2, 3-1-05; Ord. No. 2154, § 3, 9-19-06)

A precise plan of design pursuant to article VI, division 2 of this chapter is required for subdivisions where a specific plan is proposed. Particular attention shall be given to compatibility with adjacent residential and commercial zoning and uses. A precise plan must be approved prior to any development.

(Ord. No. 2338, § 18, 4-17-18)

The size of sites in R-A and R-1 zones shall be governed by the following table:

(Code 1960, § 10702.01; Ord. No. 1333, § 1, 4-25-77)

(a)

The maximum size of units in developmental areas shall be governed by the following table:

As these figures reflect the maximum allowable unit sizes, they shall not be regarded as an automatic right. Each proposal shall be reviewed on a case by case basis and requires approval of the planning director subject to the following findings:

(1)

The lot and proposed development is consistent with the general plan, zoning, and meets all other applicable code requirements.

(2)

The development utilizes building materials, color schemes and a roof style which blend with the existing structure, if any, and results in a development which is harmonious in scale and mass with the surrounding residences.

(3)

The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles.

(4)

The development can be adequately served by existing or required infrastructure and services.

(5)

The design of the structure has given consideration to the privacy of surrounding properties through the usage and placement of windows and doors, cantilevers, decks, balconies, minimal retaining walls, trees and other buffering landscaping materials.

(6)

The development is sensitive to the natural terrain, minimizes necessary grading, de-emphasizes vertical massing which could disrupt the profile of a natural slope, and does not impede any scenic vistas or views open to the public or surrounding properties.

The decision of the planning director is appealable to the planning commission subject to the procedures outlined in section 26-212.

(b)

Detached accessory structures shall not be included in the above maximum unit size figures. A large expansion to the main building (as defined in section 26-296.1100(a)) shall be subject to the approval of an administrative use permit pursuant to the procedures outlined in section 26-296.1200.

(c)

The above maximum unit sizes may be increased by up to twenty-five (25) percent subject to the approval of an administrative use permit pursuant to the procedures outlined in section 26-296.1200.

(d)

An expansion of the above maximum unit sizes by more than twenty-five (25) percent may be granted subject to the approval of a conditional use permit (CUP) by the planning commission pursuant to the procedures outlined in sections 26-246 and 26-685.2000.

(e)

Any new second-story addition, or second-story addition to an existing two-story house shall be subject to the approval of an administrative use permit pursuant to the procedures outlined in article VI, division 5 of this chapter 26, commencing at section 26-270 and to findings outlined in section 26-296.1300. An administrative use permit shall not be required for a new second story addition, or second-story addition to an existing two-story house, when the proposed house requires a conditional use permit for a large home pursuant to section 26-401.5(d) of this chapter.

(f)

Section 26-401.5(a) through (e) shall not apply to residential development within a specific plan zone.

(Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), 4-1-97; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2184, § 3(Exh. A), 12-16-08; Ord. No. 2316, § 4(Exh. A), 5-2-17; Ord. No. 2338, § 19, 4-17-18; Ord. No. 2473 , § 4, 11-2-21)

(a)

Each single-family dwelling shall provide four (4) accessible off-street parking spaces for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed.

(b)

For single-family dwellings with a gross floor area (exclusive of garages) of four thousand five hundred (4,500) square feet or greater or with five (5) or more bedrooms a minimum of the three (3) off-street parking spaces located within an enclosed garage is required. Tandem parking may be permissible for the purpose of providing the three (3) required parking spaces provided tandem parking is limited to not more than one (1) vehicle behind another and a minimum of two (2) parking spaces are provided side-by-side at the garage entrance. Legal nonconforming covered parking spaces that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming covered parking spaces were legally established and maintained. The requirements of this section shall apply to new construction and the expansion of existing single-family dwellings.

(c)

When a carport is not readily visible from the street, the city may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure.

(d)

All covered parking spaces shall be enclosed on three (3) sides and roofed unless a carport is not readily visible from the street, the city may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure. Porte cocheres may be allowed when visible from the street if the architectural style and materials are consistent with the house, subject to the review and approval of the planning director.

(e)

Garages and carport shall have a minimum interior clear width and depth of twenty (20) feet between columns or walls. Three-car garages shall have a minimum interior clear width of thirty (30) feet and depth of twenty (20) feet. In cases where a tandem parking space is proposed to comply with a required three-car garage, a minimum of two (2) parking spaces shall be provided side-by-side at the garage entrance and minimum ten (10) feet by twenty (20) feet shall be provided behind. Unless otherwise approved in advance by the planning director in writing, placement of garage doors shall be centered between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as modified in section 26-402.5. The balance of the required spaces, if uncovered, shall have minimum dimensions of eight (8) feet by sixteen (16) feet.

(1)

In the case where an expansion to the existing single-family structure exceeds three hundred (300) square feet, or exceeds the maximum permitted for a lot as outlined in section 26-296.1100, any garage or carport shall conform to the provisions regulating width and depth in subsection (e) of this section, the provisions regulating the number of required off-street parking spaces in subsection (a) and any front, side and rear yards as regulated by this article.

(f)

Garages or carports opening towards a side street shall be set back a minimum of twenty-two (22) feet from the property line.

(g)

In addition to the minimum number of off-street parking spaces required for each dwelling unit, additional off-street parking space(s) shall be required on the basis of dwelling unit size according to the following schedule:

Said additional space(s) may, but need not, be provided in a carport or garage. The minimum required dimensions for uncovered spaces shall be eight (8) feet by sixteen (16) feet.

(h)

Garages which are intended to accommodate four (4) or more cars shall not open to any public street, unless designed as a subterranean garage.

(i)

A minimum unobstructed vehicular maneuvering distance of twenty-five (25) feet measured from the opening of the garage or carport shall be provided, except as otherwise permitted in this section. Minor design modifications may be approved, due to the uniqueness of the property as determined by the planning director.

(Code 1960, § 10702.02; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1530, § 1, 2-8-82; Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2141, § 3, 7-19-05; Ord. No. 2154, § 3, 9-19-06; Ord. No. 2184, § 3(Exh. A), 12-16-08; Ord. No. 2254, § 3(Exh. A, § 1), 1-21-14; Ord. No. 2469, § 6, 2-4-20; Ord. No. 2473 , §§ 5—7, 11-2-21)

(a)

Pavement, paving or paved, for the purpose of this article, shall be defined as a Portland cement concrete or asphalt concrete surface, but excluding walkways five (5) feet or less in width that are not adjacent and parallel to pavement and are not used for vehicular parking.

(b)

Definition of "driveway:"

(1)

A "driveway" shall be defined as a paved area for access to an approved parking area or for parking of vehicles.

(2)

A "primary driveway" shall be defined as that area providing direct access from the street to a garage, carport, or required parking space(s) with a minimum length of twenty-two (22) feet. No driveway established prior to June 1, 1991, by permit, shall be considered nonconforming.

(3)

A "secondary driveway" shall be defined as that area providing direct access to a fully-screened side or rear yard area for the purpose of parking or storing recreational vehicles, recreational equipment and trailers, and/or utility trailers.

(c)

Review and approval of a new driveway is subject to approval of a driveway approach permit by the engineering division.

(d)

As used in this section, a "front yard" refers to all space between the main building (also the projection of the main building to the side property lines) and the front street property line. "Street side yard" refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the side street property line of a corner lot.

(e)

Pavement in the front yard shall be limited to the width of the garage or carport, plus an additional six (6) feet on either or both sides of the garage or carport driveway, or an additional twelve (12) feet on one (1) side of the driveway and any secondary driveway. In instances where the property does not have a garage or carport, the front yard driveway pavement shall be limited to twenty (20) feet in width. Substitutions of paved materials for the additional paved areas are permitted if found to be substantially similar to the requirements of this article. In cases of irregularly shaped lots or sites hampered by topographical features, the additions shall be parallel to and/or concentric with the access drive.

(f)

Pavement in a street side yard is permitted only where a garage or carport in the street side yard is oriented to the street or six-foot-high masonry block wall screens the pavement from all street views. Unscreened pavement in street side yards shall be treated as pavement in front yards.

(g)

Circular drive portions of pavement additions are exempt from the provisions of subsection (d).

(h)

Paved areas for secondary driveways are exempt from the provisions of subsection (d). The approval of a secondary driveway shall be subject to the granting of an administrative use permit as set forth in article VI, division 5 of this chapter, and further subject to the following conditions:

(1)

The secondary driveway shall lead to a paved parking area intended for the parking or storage of recreational vehicles, recreational equipment and trailers, and/or utility trailers in the side or rear yards which must be fully screened in compliance with section 26-392(c).

(2)

The secondary driveway is strictly for the purpose of providing access to the rear or side yard for the purposes stated above. No vehicles may be parked or stored on the secondary driveway in the front yard.

(3)

The maximum width of the secondary driveway shall be twelve (12) feet.

(4)

Approval of a secondary driveway by the planning department shall require a plan indicating the location and improvements of the secondary driveway and the paved parking area in the side or rear yard.

(5)

The secondary driveway shall be grass-crete, turf-block, a ribbon driveway or other similar treatment, and shall not be a standard slab driveway.

(i)

This section shall not apply to any area paved or unpaved which conforms in width to this section, or to any paved surface exceeding said width, as of the effective date of this section.

(j)

This section shall not apply to private recreation areas as permitted by section 26-405.5(d).

(Ord. No. 1530, § 3, 2-8-82; Ord. No. 1573, § 1, 1-24-83; Ord. No. 1685, § 1, 7-22-85; Ord. No. 1855, § 2, 8-13-90; Ord. No. 1878, § 2, 5-13-91; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 1956, § 2, 3-7-95; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2154, § 3, 9-19-06; Ord. No. 2473 , §§ 8, 9, 11-2-21)

(a)

No building or structure shall have more than two (2) stories, or be more than twenty-five (25) feet above finished grade.

(b)

Chimneys, vents and other such incidental appurtenances shall not be included in the measuring of the highest point of a building or structure.

(c)

Subterranean garages shall not be included in the measurement of height nor counted as a story.

(d)

In Area Districts IV and V, buildings on lots in excess of twenty thousand (20,000) square feet may exceed the maximum height limit stated in subsection (a) by one (1) foot for every five hundred (500) square feet of floor area in excess of twenty-five hundred (2,500) square feet. Such increase in height shall increase the yard requirements on a foot-to-foot ratio, i.e., one (1) foot of additional height requires eleven-foot side yards and twenty-six-foot front and rear yards, five (5) feet of additional height requires fifteen-foot side yards and thirty-foot front and rear yards.

(Code 1960, § 10702.03; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1467, § 1, 2-11-80; Ord. No. 1650, § 2, 11-13-84; Ord. No. 1878, § 2, 5-13-91)

Every lot or parcel zoned R-A or R-1 shall have a front yard not less than twenty-five (25) feet from the property line, except that in Area District IA the front yard shall be not less than twenty (20) feet from the property line.

(Code 1960, § 10702.04; Ord. No. 1333, § 1, 4-25-77)

In the R-A and R-1 zones every lot shall have side yards as follows, except as set forth in section 26-405.5 (Special requirements for yards and setbacks):

(a)

Interior and corner lots:

(1)

Five (5) feet in Area Districts I, IA, II and IIA.

(2)

Seven (7) feet in Area District III.

(3)

Ten (10) feet in Area Districts IV and V.

(4)

On any corner lot, no residence facing the side street shall be located within twelve and one-half (12½) feet of the side street property line.

(b)

Reversed corner lots: Shall have the same side yard requirements as interior lots except the street side setback for the entire depth of the lot shall be no less than fifty (50) percent of the required front yard of the lot to the rear.

(Code 1960, § 10702.05; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1468, § 1, 2-11-80; Ord. No. 1476, § 1, 4-28-80; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2473 , § 10, 11-2-21)

(a)

All nonhabitable free-standing roofed solid-walled structures with a projected roof area of less than one hundred twenty (120) square feet or nonroofed structures with a total floor area of less than one hundred twenty (120) square feet, and no taller than seven (7) feet in height in yards which are screened by fencing or shrubs at least five (5) feet tall may encroach into the required interior side yard behind the main building, and the required rear yard. All nonhabitable free-standing roofed solid-walled structures greater than one hundred twenty (120) square feet and greater than seven (7) feet in height shall be set back 4'-0" from the interior side and rear property lines provided that provisions within sections 26-406 and 26-407 are complied with.

(b)

All decorative-type structures such as but not limited to gazebos, with walls of such density that no more than fifty (50) percent of the view is obscured, with a projected roof area of less than one hundred twenty (120) square feet, and under fifteen (15) feet in height, may encroach into the interior side yard behind the main building as described in section 26-405, and the rear five (5) feet of the required rear yard, subject to the review and approval of the planning director.

(c)

Flags and flagpoles shall be subject to the regulations found in subsection 26-381(b).

(d)

Swimming pools, spas, sports courts, and other similar private recreation areas shall not encroach into any required yard, except in the rear yard, and in the front yard or street side yard when the lot configuration, building placement, and/or street location justify its location due to the uniqueness of the property as determined by the planning director, provided there is a minimum five-foot setback to adjoining properties.

(e)

A minimum separation of thirty-five (35) feet shall be maintained between a structure used for habitable purposes, swimming pool or spa and animal keeping areas. Animal keeping areas shall include barns, corrals, or stables, to maintain a horse or any other animal mentioned in section 26-391(e)(5) and (6). Legal nonconforming uses or buildings in existence prior to June 14, 2012 that do not fully meet the stated separation requirements, may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming uses and buildings were legally established and maintained. Any addition to, or expansion of, such structures, however, shall cause the stated separation requirements to apply.

(f)

The provisions of this section shall not be construed to limit or interfere with the authority of homeowner associations that determine that such encroachments are undesirable in their particular case to incorporate the prohibition of such encroachments into their conditions, covenants and restrictions.

(g)

The provisions of this section do not apply to the regulation of mechanical equipment as provided in section 26-409.

(h)

All structures must conform to the requirements of the Uniform Building Code, if applicable.

(i)

For the purpose of this section, the projected roof area shall mean the horizontal square feet of roof, excluding slope, but including overhang.

(Ord. No. 1754, § 1, 9-28-87; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 1956, § 2, 3-7-95; Ord. No. 1981, § 2, 12-17-96; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2153, § 3, 9-19-06; Ord. No. 2230, § 2(Exh. A, § 3), 5-15-12; Ord. No. 2473 , § 11, 11-2-21)

(a)

Front Yard: When the first story of an existing single-family structure is built within thirty (30) feet or less of the front property line, the front yard setback of any future second story addition or expansion shall be a minimum of thirty (30) feet, except that in Area District IA it shall be twenty-five (25) feet, as measured from the front property line.

(b)

Side Yard: When the first story of an existing single-family structure is built within ten (10) feet or less of the side property line, the side yard of any future second story addition or expansion shall be a minimum of ten (10) feet. The following exception may be allowed, per planning director review and approval, in cases where an existing second-story has a second-story setback that is less than ten (10) feet on an elevation:

(i)

Said side yard second story setbacks may be the same as the existing second story setback if no portion of a building or structure (existing or proposed) encroaches through a plane projected from the upward angles indicated below as measured at a point ten (10) feet above the finished grade level along the side property line toward the opposing side property line:

(ii)

Said side yard second story setback shall not be required along any side yard which abuts property zoned for or developed with a nonresidential use (e.g. schools and parks) or a public right-of-way, flood control channel, or utility easement upon which no residential structures may be developed.

(c)

As used in this section, second story setback shall also apply to any portion of the first story consisting of unused air space such as an open beam or vaulted ceiling area (excluding roof and attic space) and measuring twelve (12) feet above the finished floor of the first story.

(d)

The second story setbacks stated in subsections (a) and (b) above shall not be required in Area Districts IV and V for developments which utilize the additional height provisions pursuant to section 26-403(d).

(Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2184, 3(Exh. A), 12-16-08)

Editor's note— Ord. No. 1878, § 2, added § 26-405.5, which the editor has redesignated § 26-405.7 to avoid duplication of section numbers.

In the R-A and R-1 zones every lot shall have rear yards as follows, except as set forth in section 26-405.5 (Special requirements for yards and setbacks):

(a)

Twenty-five (25) feet in Area Districts I, II, III, IV, and V.

(b)

Fifteen (15) feet in Area District IA.

(Code 1960, § 10702.06; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2473 , § 12, 11-2-21)

For hillside lots with graded pads, a minimum ten-foot substantially flat area for pedestrian and emergency access shall be provided between the rear of the house and the slope, measured perpendicularly from the structure (a one-story open patio cover may be located in the level area in compliance with other development standards). Legal nonconforming structures in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming structures were legally established and maintained.

(Ord. No. 2254, § 3(Exh. A, § 2), 1-21-14)

Sixty (60) percent of the required rear yard in R-A and R-1 zones shall remain open; and the remaining forty (40) percent of the required rear yard may be covered by single story construction with a height of no greater than fifteen (15) feet.

(a)

Garages and/or storage sheds may exceed the fifteen (15) feet height limitation by no greater than five (5) feet, subject to an administrative review set forth in chapter 26, article VI, division 11 (Administrative Review by Planning Director) provided that the director determines that the design of the proposed garage or storage shed is compatible with other structures on the property and is at least fifteen (15) feet away from any permitted structure and/or swimming pool located on a neighboring property.

(b)

No construction shall be permitted within five (5) feet of the rear property line, except as set forth in section 26-405.5 (Special requirements for yards and setbacks).

(Code 1960, § 10702.07; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2184, § 3(Exh. A), 12-16-08; Ord. No. 2473 , § 13, 11-2-21)

Cornices, eaves, belt courses, sills, buttresses, fireplaces or other similar architectural features may extend or project into a required side yard in R-A and R-1 zones not more than two (2) inches for each one (1) foot of width of such side yard and may extend or project into a required front or rear yard not more than thirty (30) inches; except that single story dwellings in the residential zones shall be permitted the following side yard projections:

(a)

Where the required side yard is five (5) feet, eaves and fireplaces may project therein not more than two (2) feet.

(b)

Where the required side yard is seven (7) feet, eaves and fireplaces may project therein not more than three (3) feet.

(Code 1960, § 10702.07; Ord. No. 1333, § 1, 4-25-77)

Accessory buildings, or the sum of accessory buildings, except accessory dwelling units, shall be a maximum of one thousand (1,000) square feet. Accessory buildings which causes the total square footage of accessory buildings to exceed greater than one thousand (1,000) square feet (excepting accessory dwelling units) may be granted subject to the approval of a large accessory building administrative use permit pursuant to the procedures outlined in article VI, division 5 of this chapter and to findings outlined in section 26-296.1300.

(Ord. No. 2184, § 3(Exh. A), 12-16-08; Ord. No. 2441, § 2, 6-19-18)

(a)

Mechanical equipment shall not be permitted in the required side yard or front yard.

(b)

Mechanical equipment shall not be permitted within five (5) feet of the portion of a rear property line that abuts an adjoining required side yard.

(c)

Air conditioning and heating ducting shall not be exposed on roofs.

(d)

Roof-mounted mechanical equipment may be allowed, per planning director approval, as follows:

(1)

The house does not have an attic;

(2)

The unit is not visible from the street and can be screened from all ground level views;

(3)

A detail of the screening material and construction method shall be provided and shall be architecturally compatible with the building.

(e)

Lighting shall be designed, installed, and maintained in such a manner that illumination spillover from such lighting does not exceed 2.0 foot candles above ambient illumination levels onto another residential property and glare spillover from such lighting will not negatively impact another residential property.

(1)

Illumination and/or glare spillover onto other property shall be measured from any point five (5) feet above natural grade on a vertical plane on the other property. Ambient illumination shall include only non-artificial light and street lights present exclusive of the offending light source.

(2)

If, upon inspection by authorized city staff, it is determined that a violation of this section is occurring, the planning director may require mitigation measures in order to minimize impacts, including, but not limited to: Relocation (setback, height restrictions) of the fixture, reduction of lamp wattage, the installation of hoods, shields, louvers, or other fixtures accessories to redirect light, the installation of coated or frosted lamp covers to soften glare, the re-aiming of the fixture, or the placement of landscaping or fencing as barriers.

(3)

Sports court lighting shall be subject to the same standards and require the review and approval of the planning director prior to installation. During this review, photometric data and other information needed to determine compliance with these standards may be required by the planning director.

(4)

The restrictions of this subsection shall not apply to decorative, temporary, seasonal incandescent lights in place and in use during the period from November 1 and January 31.

(Code 1960, § 10702.09; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1364, § 1, 12-27-77; Ord. No. 1956, § 2, 3-7-95; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2184, § 3(Exh. A), 12-16-08)

An uncovered porch, platform or landing place which does not extend above the level of the first floor of the building in R-A and R-1 zones may extend or project into any required front, side or rear yard not more than six (6) feet except as permitted in section 26-407, provided such structure in a side yard shall not reduce to less than three (3) feet the unobstructed pedestrian way or sidewalk on ground level.

(Code 1960, § 10702.10; Ord. No. 1333, § 1, 4-25-77)

(a)

Location and size. Canopy structures shall be prohibited in the front yard and street side yard (as defined under section 26-402.5(c)), with the following exceptions:

(1)

Canopy structures with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet shall be permitted within a street side yard area that is fully screened by fencing or shrubs at least five (5) feet in height.

(2)

Canopy structures with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet shall be permitted in front yard and street side yard areas where located at a distance of fifty (50) feet or greater from the front or street side property line and/or which are not readily visible from the street (as determined by the planning director) due to topographical conditions.

Canopy structures shall be permitted in other areas of a lot with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet, with the exception that canopy structures encroaching into the interior side yard and/or the rear five (5) feet of the rear yard shall only be permitted with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet.

(3)

Property owners with medical condition. Canopy structures may be permitted in the front yard or street side yard of lots when one (1) or more of the permanent adult residents of the property possesses a medical condition that impairs the ability of such person(s) to provide other means of providing protective covering to a motor vehicle or accessory recreational vehicle and the purpose of the canopy structure is to provide such covering. Approval of canopy structures under such circumstances shall be subject to the granting of an administrative use permit as set forth in article VI, division 5 of this chapter, and further subject to the following conditions:

a.

A signed statement from a licensed physician shall be required to be submitted stating that the person in permanent residency at the property possesses a permanent, long-term, or chronic medical condition that limits or debilitates the physical condition of said person (e.g. arthritis, heart condition).

b.

Said person(s) owns or leases one (1) or more properly licensed and registered motor vehicles and/or accessory recreational vehicles that cannot otherwise be parked or stored in a garage or carport on the property.

c.

The purpose of the proposed canopy structure is to provide protective covering for such vehicle(s) and is of no greater height and size than necessary for such purpose.

d.

Said vehicle(s) may only be parked and the canopy structure proposed for the covering of such vehicle(s) may only be located in areas permitted for the parking of such vehicle(s) pursuant to section 26-392 of this chapter.

e.

Any administrative use permit granted for this purpose shall be terminated and the canopy structure permitted pursuant to such administrative use permit shall be fully removed within ninety (90) days of any of the following occurrences:

1.

The sale or transfer or other permanent removal from the property of the vehicle(s) for which the canopy structure was intended to provide covering.

2.

Termination of the residency of the person(s) with the medical condition for whose benefit the administrative use permit was granted.

(b)

Repair and maintenance. Canopy structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any canopy structure considered to be in disrepair, as determined by the planning director, shall be repaired, replaced or removed from the site. Reflective, mirrored type, covering material shall be prohibited.

(c)

Lot coverage. Canopy structures requiring the issuance of a building permit (i.e., those that are considered structures as defined by the Uniform Building Code) with a projected roof area of one hundred twenty (120) square feet or greater shall be considered building coverage and shall be included in calculations of maximum building coverage as set forth in section 26-412.

(d)

Exemptions. The following exemptions shall apply:

(1)

This section shall not apply to canopy structures that are erected or displayed for no more than three (3) days per month.

(2)

Canopy structures located within the front yard and street side yard that were constructed prior to March 16, 1999 may be allowed to remain under the following conditions:

a.

Application. An application to maintain a canopy structure must be submitted to the planning department by August 7, 2002. Said application shall include the following:

1.

Sufficient information to verify to the satisfaction of the planning director that the canopy structure was in place prior to and has been continuously maintained on the property since March 16, 1999. Such information may include receipts, contractor bills, or affidavits from surrounding property owners.

2.

Signed statements (in a form provided by the planning department) providing information whether each property owner within a one hundred-foot radius of the property and on the same street frontage support or object to the maintenance of the canopy structure.

3.

A certified copy of a covenant (in a form provided by the planning department) recorded against the property stating that the canopy structure shall be permanently removed (1) upon temporary removal of the canopy structure for a continuous period of six (6) months or longer, (2) upon sale or transfer of the title of the property, or (3) use of property for rental purposes for a period longer than three (3) months.

b.

Review. The planning director shall review the submitted application and render a decision within ten (10) days. In making his decision, the planning director shall consider the size, location and impact of the canopy structure on surrounding private and public property.

c.

The canopy structure shall be maintained in good condition as set forth in section 26-411(b) of this chapter.

(Ord. No. 2029, § 3, 3-16-99; Ord. No. 2077, § 2, 1-8-02)

(a)

Temporary placement. Storage containers, as defined in section 26-63, may be located on a lot developed with a single-family residence on a temporary basis, subject to the following standards:

(1)

Short-term location. One (1) storage container may be located on a lot up to a total of fourteen (14) days in any calendar year without the approval of any permit. In addition, one (1) storage container may be located on a lot up to a total of two (2) months in any calendar year without the approval of any permit when used in conjunction with any construction or home improvement activity on the site which does not require the issuance of a city building permit.

(2)

Administrative review. One (1) storage container may be located on a lot for up to six (6) months in conjunction with permitted construction activity on the same lot, subject to the approval of an administrative review as set forth in article VI, division 11 of this chapter. Approval of an administrative review for this purpose may only be undertaken in conjunction with construction activity for which a valid city building and/or grading permit has been issued and continues to remain active and valid. Regardless of the time period for which the administrative review is approved, said administrative review shall automatically expire upon the expiration or termination of all grading and building permits, or upon the final inspection and completion of associated construction activity. In cases where a storage container has been located on a lot in an unauthorized manner prior to the approval of an administrative review, any approved time duration shall commence and run from the date during which the location of the storage container on the lot was first documented.

Extension of an administrative review for up to six (6) months may be granted by the planning director for good cause. One (1) additional extension for up to one (1) year may be granted by the planning commission for good cause. In no case shall the total time period (including any extensions) exceed a total of two (2) years.

(3)

Location. The location of a temporary storage container shall be subject to approval of an administrative review and shall take into consideration such factors as visibility from the street and surrounding properties, and visual and privacy impacts to surrounding properties. The storage container may only be located in the front yard when location in other areas is not feasible or would create other impacts. Location of a storage container on a driveway may only be approved where access to the garage or carport can continue to be provided for at least one (1) vehicle.

(4)

Size. Storage containers shall be no greater than twenty (20) feet in length, ten (10) feet in height, and ten (10) feet in width.

(b)

Permanent placement. Permanent placement of storage containers are prohibited on vacant lots and lots developed with a single-family residence.

(c)

Exemptions. Storage containers that are located in the rear yard of a property prior to May 3, 2007 may be allowed to remain under the following conditions:

(1)

Application. An application to maintain a storage container must be submitted to the planning department no later than November 5, 2007. Said application shall include the following:

a.

Sufficient information to verify to the satisfaction of the planning director that the storage container was in place prior to May 3, 2007 and has been continuously maintained on the property since. Such information may include receipts or affidavits from surrounding property owners.

b.

Signed statements (in a form provided by the planning department) providing information whether each property owner within a one hundred (100) foot radius of the property support or object to the maintenance of the storage container.

c.

A certified copy of a covenant (in a form provided by the planning department) recorded against the property stating that the storage container shall be permanently removed under any of the following conditions:

1.

Upon temporary removal of the storage container for a continuous period of six (6) months or longer.

2.

Upon sale or transfer of the title for the property.

3.

Use of the property for rental purposes for more than three (3) months.

4.

At such time as the storage container becomes a nuisance or danger due to its condition.

(2)

Review. The planning director shall review the submitted application and render a decision within ten (10) days. In making his decision, the planning director shall consider the size, location, and impact of the storage container on surrounding private and public property.

(Ord. No. 2159, § 3(Exh. A), 4-3-07)

The maximum building coverage, as defined in section 26-63, of all structures in zones R-A and R-1 shall not exceed thirty-five (35) percent of the total lot or parcel area, except in Area District IA.

(Code 1960, § 10702.11; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2029, § 3, 3-16-99; Ord. No. 2030, § 4, 4-20-99)

(a)

Within required front yard. Except as otherwise stated below, walls, fences, and hedges within the required front yard shall not exceed a maximum height of forty-two (42) inches (three (3) feet, six (6) inches). Nonsolid walls and fences in excess of forty-two (42) inches and up to a maximum height of six (6) feet may be erected provided that the portion in excess of forty-two (42) inches shall be constructed of decorative wood, wrought iron, tubular steel, or like material such that at least seventy (70) percent of the plane of the fence or wall in excess of forty-two (42) inches in height is open. Columns, posts, and pillars may be incorporated into the design of the fence or wall if the requirement for visibility is met.

(1)

Corner cutback area. On corner lots, walls, fences, hedges, trees, or other physical obstructions shall not exceed a maximum height of thirty-six (36) inches (three (3) feet) within a triangular area formed by lines extending fifteen (15) feet along the front and side property lines from the intersecting point of the front property line and street side property line, and a diagonal line connecting the two (2) lines.

(b)

Within areas other than required front yard. Walls and fences within areas other than the required front yard shall not exceed a maximum height of six (6) feet, with the exception that walls and fences in excess of six (6) feet and up to a maximum height of seven (7) feet may be permitted subject to approval of an administrative use permit pursuant to the provisions of sections 26-270 through 26-274. Such walls and fences in excess of six (6) feet shall require the issuance of a building permit.

(1)

Findings. Before an administrative use permit may be granted for a wall or fence in excess of six (6) feet, the following findings shall be made:

a.

That the proposed wall or fence is needed to provide safety, security, and/or privacy for the subject property.

b.

That the proposed wall or fence will not unreasonably disrupt access to light and views or otherwise infringe upon the use and enjoyment of adjacent properties.

c.

That the proposed wall or fence has been designed in an architecturally integrated manner and utilizes materials that are complimentary to and compatible with the surrounding area.

(c)

Reverse corner lots. For single-family residential corner lots where the house has the frontage facing the side yard, the front yard for fencing purposes, shall be subject to the approval of the planning director. In such cases, notification of the adjacent property owners shall be required prior to approval by the planning director.

(d)

Walls and fences adjacent to arterial streets. For single-family residential lots, walls, fences, and hedges along the side and rear property lines adjacent to the rights-of-way of streets designated as principal or minor arterials on the master plan of streets and highways shall be permitted up to a maximum height of eight (8) feet, provided that walls and fences in such locations shall also be subject to the height restrictions contained in subsection (a) (1) and (e), where applicable. Such walls and fences in excess of six (6) feet shall require the issuance of a building permit. In locations described above, a masonry wall eight (8) feet in height shall be required on lots for which building permits for new single-family residences are obtained after 1989.

(e)

Hedges adjacent to arterial streets and commercial zones. For single-family residential lots, hedges along the side and rear property lines adjacent to the rights-of-way of streets designated as principal or minor arterials on the master plan of streets and highways and adjacent to commercially-zoned properties shall be permitted up to a maximum height of ten (10) feet, provided that hedges in such locations shall also be subject to the height restrictions contained in subsections (a)(1) and (f), where applicable.

(f)

Driveway cutback area. Where a driveway provides direct access to a street (not including alleys), no hedge, solid wall or fence in excess of forty-two (42) inches in height shall be permitted within a triangular area formed by one (1) line extending along the edge of the driveway for the first ten (10) feet inward from the inner edge of the sidewalk or the edge of the street (if no sidewalk exists), one (1) line extending outward ten (10) feet at a ninety (90) degree angle from the first line, and a diagonal line connecting the two lines. Nonsolid walls and fences up to a maximum height of six (6) feet may be erected provided that the portion in excess of forty-two (42) inches shall be constructed of decorative wood, wrought iron, tubular steel, or like material such that at least seventy (70) percent of the plane of the fence or wall in excess of forty-two (42) inches in height is open. Columns, posts, and pillars may be incorporated into the design of the fence or wall if the requirement for visibility is met. This restriction shall apply to all portions of the triangular area encompassing the subject and any adjoining properties.

(g)

Construction material. All walls and fences shall be constructed of appropriate and durable materials, such as wood, wrought iron, tubular steel, concrete, brick, stone, or similar material. Materials of poor quality or unattractive appearance, such as unfinished plywood, fiberglass, corrugated metals, and bare metal wire (whether barbed, razor, or smooth) shall be prohibited. The use of chain link fencing material shall be prohibited within the required front yard area.

(h)

Maintenance. Maintenance and repair of all walls and fences adjacent to street rights-of-way relating to aesthetics and structural safety, such as paint, mortar, loose blocks, or damaged sections, shall be the sole responsibility of the owner of the property on which the wall is located. Graffiti removal shall be subject to the provisions of chapter 15, article V of the West Covina Municipal Code.

(i)

Standards. Where more than one (1) of the above standards apply to the same area, the more restrictive standard shall apply.

(Code 1960, § 10702.12; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1389, § 1, 6-26-78; Ord. No. 1808, § 1, 2-13-89; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2029, § 3, 3-16-99; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2047, § 3, 1-18-00; Ord. No. 2094, § 2, 1-21-03; Ord. No. 2184, § 3(Exh. A), 12-16-08)

(a)

Definitions. For the purposes of this section, the following definitions shall apply:

(1)

"Retaining wall" shall mean a wall designed to resist the lateral displacement of soil or other materials. The height of a retaining wall shall be measured at continuous points along the length of the wall from the top of the wall to the lowest adjacent finished grade.

(2)

"Landscaped crib wall" shall mean a type of retaining wall comprised of a hollow rectangular cribwork of logs, timbers, reinforced concrete beams, or steel beams filled with soil or rock, designed with vines and/or other planting extended across the face of the wall.

(3)

"Elevated structure" shall mean any deck, patio, view platform, tennis or sport court, or other similar structure which is elevated above finished grade. The height of an elevated structure shall be measured at continuous points around the perimeter of the structure from the top of the finished floor or slab level of the structure to the lowest adjacent finished grade.

(4)

"Screened wall or fence" shall mean any wall or fence, other than a retaining wall, designed and constructed for the purposes of screening, security, and/or separation of property.

(5)

"Screen wall or fence, solid" shall mean any screen wall or fence comprised of a material such that more than thirty (30) percent of the view through the fence or wall is obstructed.

(b)

Exemptions. The following types of retaining walls and elevated structures shall be exempt from the regulations of this section regardless of their height:

(1)

Retaining walls and elevated structures that are not readily visible from the ground level of surrounding properties or public rights-of-way as determined by the planning director.

(2)

Retaining walls necessary for reasons of emergency slope stabilization and/or public safety as determined by the city engineer.

(3)

Decks or balconies not exceeding two hundred (200) square feet in area which take direct access from the second story of a residence and do not extend horizontally over an area with a horizontal to vertical slope ratio of three to one (3:1) or steeper.

(c)

Administrative use permit required. Unless otherwise exempt pursuant to subsection (b) above the following types of retaining walls and structures may only be constructed with the approval of an administrative use permit as set forth in article VI, division 5 of this chapter:

(1)

Any retaining wall or elevated structure in excess of four (4) feet in height.

(2)

Any retaining wall or elevated structure constructed in combination with a screen wall or fence above, such that the combined height exceeds eight and one-half (8.5) feet. Wall and fence surfaces, or portions thereof, that are not solid as defined in subsection (a)(4) above shall not be counted toward the measurement of height.

(3)

Any structure constructed on top of an area of artificial fill created by a retaining wall or constructed on top of an elevated structure proposed or approved pursuant to subsections (1) and (2) above, such that any portion of such structure is located within five (5) feet of the edge of the retaining wall or elevated structure. Such structures shall not be subject to the maximum height limits pursuant to subsection (d) below.

(d)

Maximum height. Except for those walls and structures exempted pursuant to subsection (b) above, no retaining wall (except for a landscaped crib wall) or elevated structure shall exceed a maximum height of eight (8) feet, and no landscaped crib wall shall exceed a maximum height of fifteen (15) feet. The height of screen walls and fences constructed above retaining walls and elevated structures shall comply with the standards set forth in section 26-413 of this article.

(e)

Required setbacks for elevated structures. All elevated structures shall provide side setbacks of 1.5 times the required side setbacks and shall comply with the required rear yard setback specified in section 26-406. In cases where a side or rear property line is adjacent to a landscape maintenance district, golf course, country club, park, public school or similar type of permanent open space the setback adjacent to such use shall comply to the standard setback required.

(f)

Parallel retaining walls and fences. Any retaining walls constructed in combination with other retaining walls, screen walls and/or fences on the same property that are separated and approximately parallel to each other shall be separated by a horizontal distance of three (3) feet or greater. Where two (2) or more walls and/or fences are approximately parallel to each other and separated by a horizontal distance of less than five (5) feet, the parallel walls and/or fences shall be treated as a single wall and the height shall be measured at continuous points from the lowest adjacent finished grade of the lowest wall or fence segment to the top of the highest wall or fence segment. The area between parallel retaining walls and other walls and fences shall be landscaped such that a minimum of two-thirds (⅔) of the wall surface will be screened from view once the landscaping reaches maturity.

(g)

Maintenance. It shall be the responsibility of the property owner, or other person leasing, occupying, or having charge or possession of a property to properly maintain all retaining walls, including any associated drainage and irrigation systems, in a safe and undamaged condition. All landscaping required per this section shall be maintained in compliance with the standards set forth in section 26-416 of this article.

(h)

Submittal requirements. In addition to the application requirements set forth in division 1, article VI of this chapter, the following information shall also be provided:

(1)

Site plan for the entire site indicating the proposed location of the retaining wall or elevated structure. The plan shall include existing and proposed topographic contours, existing trees and vegetation, elevations for the top and bottom of the proposed wall or structure, and the setback from all property lines.

(2)

Elevation drawings depicting the proposed architectural treatment, including proposed colors and materials.

(3)

Cross-section of the proposed retaining wall or elevated structure at its point of maximum height indicating the existing and finished grade and the height of the structure as it relates to the finished grade.

(4)

Landscape/irrigation plan indicating the size and species of all proposed plant materials.

(i)

Findings. Before an application for an administrative use permit for a retaining wall/elevated structure may be granted, the following findings shall be made:

(1)

The proposed retaining wall, elevated structure, and/or other structure, has been designed so as to substantially minimize any adverse aesthetic and visual impacts as visible from surrounding properties and public rights-of-way.

(2)

The proposed retaining wall, elevate structure, and/or other structure complies with the following design standards:

a.

Colors and materials. Decorative materials and/or design elements shall be used as necessary to enhance the aesthetic appearance of the retaining wall or structure. Suggested materials include, but are not limited to, stone, masonry, wood, textured poured concrete, and textured colored precision block with colored grout. Natural and earth-tone colors should be utilized for retaining walls to blend the wall with existing surroundings. A variation in design or materials should be used where necessary to break up large masses and/or add visual interest.

b.

Landscaping. Landscaping shall be integrated into the design of the retaining wall or elevated structure as necessary to screen the retaining wall or structure from open view. Where required, a landscape and irrigation plan shall be reviewed and approved by the planning director. Selected plant species shall be drought tolerant and fire resistant. Suggested plants include, but are not limited to, Arbutus unedo (Strawberry Tree), Nandina domestica (Heavenly Bamboo), Parthenocissus tricuspidata (Boston Ivy), Photinia (Photinia), Pittosporum tobira (Mock Orange), Rhus lancea (African Sumac), Ribes (Currant or Gooseberry), and Xylosma congestum (Shiny Xylosma).

c.

Wall separation. Retaining walls shall be separated into terraced segments where necessary to break up large undifferentiated masses.

d.

Privacy impacts. Retaining walls and structures shall be located and designed to avoid unreasonable interference with the privacy of surrounding properties.

(Ord. No. 1988, §§ 1, 2(Amd. 274, Exh. A), 2-18-97; Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), 4-1-97; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2254, § 3(Exh. A, § 3), 1-21-14)

(a)

No owner or occupant of any parcel of real property zoned for residential purposes shall maintain or permit to remain within the front yard, street side yard or any other portion of the property, except as otherwise permitted in this section:

(1)

Any garbage or putrescible matter, whether mixed with rubbish or other matter or not.

(2)

Any rubbish, whether combustible or noncombustible, other than garbage or putrescible matter.

(3)

Any discarded, useless and unusable object, material or equipment.

(4)

Any pile or accumulation of lumber or building materials, provided, however, that this subparagraph (4) shall not apply to any parcel upon which a building is in the process of construction.

(b)

Objects and materials prohibited in paragraph (a) may be placed in the front yard or street side yard for a period not to exceed twenty-four (24) hours and may be stored in other portions of the property screened from public view for a period not to exceed ten (10) days.

(c)

All garbage and putrescible matter, whether mixed with rubbish or other matter shall be kept in a watertight container with close-fitting lids and ties. All rubbish, other than garbage or putrescible matter shall be kept in a metal container or other substantial and adequate container.

(d)

As used in this section, a "front yard" refers to all space between the main building (also the projection of the main building to the side property lines) and the front property lines. "Street side yard" refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the street side property line of a corner lot, which is not totally screened from public view by a six-foot-high solid fence or wall. "Other portions of property" shall mean those portions of property not included in the front yard or street side yard and screened from public view with a six-foot-high solid fence or wall.

(Code 1960, § 10702.13; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1616, § 3, 12-12-83; Ord. No. 2030, § 4, 4-20-99)

(a)

The purpose of this section is to protect the properties in residential neighborhoods by establishing minimum maintenance standards for maintenance of landscaping on residential properties. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the city to allow the existence of any of the following conditions on such property, which conditions are listed by way of example and not of limitation:

(1)

Overgrown vegetation; unmaintained grass lawns and/or weed areas which are one (1) foot in height or over; which are likely to attract or harbor rats or vermin; to become a fire menace when dry; or which are otherwise dangerous to the public health and welfare.

a.

Weeds are those uncultivated, noxious plant groups that compete with cultivated garden plants for water, nutrients, light and space.

(2)

Dead, decayed, diseased or hazardous trees and/or other vegetation.

(3)

Lack of landscaping or the maintenance thereof.

a.

Landscaping, as used in this section, shall, by example and not by limitation, mean healthy and viable cultivated vegetation common to most residences and/or planned drought-tolerant landscaping systems.

1.

Drought-tolerant landscaping systems are generally characterized by alluvial rock garden formations and/or native California flora or other plants selected for drought tolerance, adaptability and relationship to West Covina environment; color, form and pattern; ability to provide shade; soil retention and fire resistance.

b.

Maintenance, as used in this section, shall, by example and not by limitation, mean watering, weeding, pruning, trimming, mowing, insect control the replacement or irrigation equipment as needed to preserve the health and appearance of landscaping when visible from streets, rights-of-way, and adjacent properties at or above grade level.

(b)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in division 1 of article XIV of chapter 26 of this Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

(c)

Violations of this section shall be subject to enforcement procedures found in section 1-37.2 of the West Covina Municipal Code. This section shall not supersede any provisions or regulations required by public and governmental agencies that may conflict with the intent and provisions contained in this section.

(Ord. No. 1686, § 1, 7-22-85; Ord. No. 1758, § 1, 11-23-87; Ord. No. 1882, § 2, 6-24-91; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2205, § 3(Exh. A), 4-6-10)

The purpose of this section is to protect the appearance, character, and integrity of residential neighborhoods and promote safe and decent housing by establishing minimum standards as they relate to the maintenance of residential buildings and structures. It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of any residential property in the city to maintain on such property any of the following when viewable from the public right-of-way or abutting properties:

(1)

Buildings or structures which are neglected as a result of abandonment, are partially destroyed or have remained in a state of incomplete construction for an unreasonable period of time as determined by the planning director and building official.

(2)

Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess of ten (10) percent of the surface area.

(3)

Roofs with loose, unstable or missing tiles, shingles or other material used as roof composition in excess of ten (10) percent of the roof area.

(4)

Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance.

(5)

Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or defaced due to writing, inscription, or figures rendering these items unusable for their purpose and constituting in the opinion of the planning director and building official a hazardous condition or an attractive nuisance.

(6)

Garage doors that are missing, broken, sag, or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance.

(7)

Any structure or building or portion thereof which, as compared to adjacent properties, is unsightly in appearance and out of character by reason of its condition.

(Ord. No. 1815, § 2, 5-22-89; Ord. No. 2030, § 4, 4-20-99)

(a)

Purpose. The purpose of design review of single-family residences is to ensure quality development, promote orderly development of the city, conserve property values, preserve the architectural character of an area, and to promote harmonious design that is complimentary to adjacent properties.

(b)

Subcommittee created. A subcommittee of the planning commission shall be established consisting of two (2) members of the planning commission to be appointed by the chair of the planning commission. An alternate subcommittee member shall be appointed by the chair to serve in the event that one (1) of the two (2) members is absent.

(c)

Meetings. The subcommittee shall meet regularly in open meeting at a time to be determined by the subcommittee.

(d)

Review required. No building permit shall be issued for the following types of improvements to single-family residences prior to subcommittee review:

(1)

New construction of single-family residences.

(2)

Structural additions or modifications on the front elevation of a residence.

(3)

New second-story additions to one-story residences.

(4)

New second-story additions to two-story houses.

(5)

New balconies.

(6)

Any modifications that is readily visible from a public right-of-way.

(e)

Exception for large homes. Large homes as defined in section 26-685.2100 are subject to a conditional use permit and therefore will not be subject to separate subcommittee review. Planning staff will include an analysis of the subcommittee guidelines as part of the planning commission hearing on the conditional use permit.

(f)

Review authority. The subcommittee may approve, conditionally approve, forward the project to the planning commission, or disapprove applications.

(g)

Basis for approval. The subcommittee shall consider the following criteria:

(1)

New development, or alterations of existing development should utilize building materials, color schemes, roof style, and architecture that is visually harmonious with the subject property and surrounding neighborhood.

(2)

Vertical and horizontal articulation of building facades should be used to avoid long, uninterrupted exterior walls on residences. All structures should have relief to create an interesting blend and enhance the architecture.

(3)

Roof lines should be reasonably compatible with the design and scale of surrounding structures. Vertical and horizontal roof articulation is encouraged to avoid long monotonous, flat sections of roof.

(4)

The scale and mass of the building should relate to surrounding structures. The height and bulk of the building should be in scale with buildings on surrounding sites and should not visually dominate their sites or call undue attention to themselves.

(5)

The buildings should include a variety of materials and colors. Materials shall be consistently applied and should be chosen to be harmonious with surrounding structures. Piecemeal embellishments and inconsistent materials and architecture should be avoided.

(h)

Notice of action. The planning director shall notify the applicant of the decision of the subcommittee within ten (10) days of the decision. The notification shall be in writing and state the reasons for approval, conditional approval, denial or transfer to the planning commission.

(i)

Appeal. Any decision by the subcommittee may be appealed by the applicant to the planning commission. A written appeal shall be filed with the planning director within ten (10) days after a written decision is mailed to the applicant.

(j)

Expiration. Building permits to construct improvements approved by the subcommittee shall be issued within one (1) year of the date of approval or the approval will automatically expire.

(Ord. No. 2184, § 3(Exh. A), 12-16-08; Ord. No. 2260, § 3(Exh. A), 7-1-14; Ord. No. 2338, § 20, 4-17-18; Ord. No. 2469, § 7, 2-4-20)