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Whitney City Zoning Code

§ 14.02.025

Special; additional regulations.

(a) 
Lot regulations.
(1) 
Lot area.
The minimum residential lot area for the various districts shall be in accordance with the regulations for each district, except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of this article may be used for a one-family dwelling and no lot existing at the time of passage of this article shall be reduced in area below the minimum requirements set forth in the respective district.
(2) 
Location of dwellings and buildings.
Only one (1) main building for one-family and two-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every means of access shall have a minimum width of twenty-five (25) feet. Where a lot is used for retail and dwelling purposes, more than one (1) main building may be located upon the lot but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts. Whenever two or more main buildings, or portions thereof, are placed upon a single lot tract and such buildings do not face upon a public street, the same may be permitted when the site plan for such development is approved by the planning and zoning commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.
(b) 
Front yards.
(1) 
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets (unless shown specifically otherwise on a final plat.)
(2) 
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
(3) 
Where a building line has been established by a plat approved by the city council or by ordinance and such line requires a greater or lesser front yard setback than is prescribed by this article for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat provided no such building line shall be less than twenty (20) feet.
(4) 
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory buildings. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four (4) feet and subsurface structure, platforms or slabs may not project into the front yard to a height greater than thirty (30) inches above the average grade of the yard.
(5) 
Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.
(6) 
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection.
(7) 
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten (10) feet to the property line.
(8) 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare upon which a lot abuts, the front or side yard shall be measured from the future right-of-way line.
(c) 
Side yards.
(1) 
Every part of a required side yard shall be open and unobstructed except for (A) accessory buildings as permitted herein; (B) the ordinary projections of window sills, belt courses, cornices, and other architectural features not more than twelve (12) inches into the required side yard; and (C) roof eaves projecting not more than thirty-six (36) inches into the required side yard. Balconies shall not project into the required side yard.
(2) 
For multifamily structures in the MF and PD districts, a minimum side yard or space between adjoining buildings, shall be thirty (30) feet between building walls when such walls have openings for windows and access, and twenty (20) feet when no openings exist.
(3) 
When a nonresidentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the nonresidential property. An opaque wood fence or masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side (or rear) property line.
(d) 
Rear yards.
The required rear yard shall be open and unobstructed from a point thirty (30) inches above the average elevation of the graded rear yard, except for accessory buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four (4) feet. Balconies shall not project into the required rear yard.
(e) 
Swimming pools, hot tubs and spas.
(1) 
Purpose. It is the purpose of the following provisions to recognize an outdoors swimming pool as a potential attraction nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.
(A) 
No swimming pool, hot tub, or spa may be constructed in a manner that creates an attractive nuisance, and all swimming pools, hot tubs, and spas shall comply with all applicable local and state health and sanitation requirements. Any swimming pool, hot tub, or spa found by the city to pose an unsafe condition or risk, or which is not secure from access by children under the age of eight who are not accompanied by an adult, or which poses a health or odor hazard, may be abated by the city as a nuisance.
(B) 
No in-ground swimming pool, hot tub, or spa may be constructed or used until a swimming pool building permit has been issued, therefor. No permit fee shall be required, and no certificate of occupancy shall be required,
(C) 
No in-ground swimming pool, hot tub, or spa may be constructed in any required front of side yard that abuts a street.
(D) 
All in-ground swimming pools, hot tubs, and spas shall be surrounded by a wall or fence at least six feet in height with self-latching gates equipped with a lock[.] An exception to the requirement for a wall or fence shall be a solid cover that is in place any time the pool is not in use and which denies access to children while in place,[.]
(E) 
Lighting for a swimming pool, hot tub, or spa shall be shielded or directed to face away from any adjoining residence. If such shielding or directing is not feasible, the enclosing wall or fence shall be designed and constructed so that such lights are not visible from adjacent residences.
(F) 
No in-ground swimming pool, hot tub, or spa may be constructed closer than eight (8) feet from any property line.
(G) 
Violations of this section shall be punishable under section 14.02.038 of this zoning ordinance except to the extent that a swimming pool, hot tub, or pool is determined to constitute a nuisance, in which case it shall be considered to be included under and subject to the provisions of article 8.02 of this code, entitled "public nuisances generally."
(2) 
Definition.
Swimming pool.
Shall mean and include any constructed pool used for swimming or bathing over twenty-four (24) inches in depth, or with a surface area exceeding two hundred (200) square feet.
(f) 
Open market sales.
(1) 
The owner of lessor of the land or premises in which open market sales are to be conducted, or other person possessing documented proof of authority to do so, (applicant) shall apply for and obtain a certificate of occupancy under section 14.02.035 of the city's zoning ordinance prior to commencing such sales. Such applicant shall submit a site plan with the application for the certificate of occupancy which shall be reviewed for compliance with all applicable regulations and approved prior to issuance of the certificate of occupancy.
(2) 
The applicant shall be responsible for providing trash receptacles and enforcing cleanup and litter requirements.
(3) 
Any and all sales of food or food products, tobacco or tobacco products, amusement services, or other products requiring licensing, permitting or certification under state or federal law or city ordinance shall obtain, possess, and display any and all such licenses, permits and certificates.
(4) 
No sales of hazardous materials, alcoholic beverages, fireworks, motor fuel, explosives, flammable or corrosive materials, or other dangerous or illegal items or controlled substances shall be allowed.
(5) 
All vendor facilities shall be located on an approved hard surface.
(6) 
Signage for the market and for vendors shall comply with section 14.02.027 of this article.
(7) 
All items for sale shall be removed from vendor spaces during hours when the market is not in operation.
(8) 
All vendor spaces shall be kept free of trash and litter. All vendor spaces and common areas of the market shall be cleaned, and all trash removed from trash receptacles at the end of each day the market is in operation.
(9) 
All vendors shall be responsible for obtaining sales tax identification and for collecting and submitting all applicable sales and use taxes to the state comptroller.
(g) 
Home occupations.
(1) 
Purpose.
The purpose of this section is to regulate home occupations in residential zoning districts to ensure they are incidental to the primary residential use of the property and to establish standards by which home occupations can be conducted without compromising the character of the residential neighborhood.
(2) 
Standards.
All home occupations shall comply with the following standards of operation:
(A) 
Outside appearance.
The home occupation must be conducted entirely within the dwelling unit. The occupation must not require external alteration of the residence. There must be no evidence visible from the exterior that the property is used for anything other than a dwelling. No signs shall be permitted for a home occupation.
(B) 
Nonresident employee.
Only one nonresident employee of the dwelling unit may be employed upon the premises of a home occupation.
(C) 
Client and student limitations.
Instructions of students and service to clients or customers is limited to twelve (12) persons per day, with no more than two (2) persons at any one time.
(D) 
Traffic and parking restrictions.
No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood, and no home occupation involving the need for more than three parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking required to service the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway.
(E) 
Operating hours.
Home occupations are restricted to operating between 8:00 a.m. and 9:00 p.m.
(F) 
No interference or nuisance.
The home occupation shall not produce smoke or dust noticeable beyond the premises.
(3) 
Permit.
No person shall operate a home occupation in the city without a home occupation permit. The permit shall be valid for one year from the date of issuance. Permits shall be issued or denied by the administrator subject to the provisions of this section. The administrator shall issue the permit if the provisions of this section are met or deny the permit if they are not met.
(4) 
Application.
An application for a home occupation permit shall be made on forms provided by the administrator. The application shall contain the address and legal description of the property to be used for a home occupation; name and contact information for the applicant; a description of the nature and extent of the activity; and the required application fee set forth in the comprehensive fee schedule. The applicant shall verify that the activity will be conducted in compliance with the standards of operation in this section.
(5) 
Appeal.
The applicant may appeal the denial of a permit to the city council. The applicant must file a written appeal with the city secretary within 10 days of the date of the decision. The city secretary shall set the appeal for the next available city council meeting. The city council may approve or deny the permit.
(Ordinance 2020-12 adopted 7/20/2020; Ordinance 2024-12-01 adopted 12/19/2024)