Editor's note— Ord. No. 853, § 2, adopted Aug. 16, 2018, repealed § 16.46.010, which pertained to temporary structures and derived from Ord. 775 (part), adopted in 2004.

A.

Home occupations are permitted in all residential zones subject to the following standards:

1.

There shall be no display of items for sale; no on-site advertising signs;

2.

No stock in trade, inventory, or supplies shall be kept on premises except in an enclosed building;

3.

No commodity shall be sold upon the premises, with the exception of direct sales for cottage food operations, as allowed by state law;

4.

No person employed except such as is necessary for house keeping purposes;

5.

The activity shall be one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling;

6.

Such activity shall be of a nature and conducted in such a manner that there is no generation of additional pedestrian or vehicular traffic beyond what is normal for zone;

7.

The activity shall not create noise levels which disturb adjacent properties; and

8.

There shall be no advertising of any nature, including signs on vehicles, setting forth or identifying the location of any such business.

B.

Applications for a use permit for a home occupation may be granted by the Planning Director provided the use is in compliance with subsection (A) above. The Planning Director may impose conditions so as to assure compliance with the standards set forth in this section. In the event the application is denied by the Planning Director, the applicant may file the application with the Planning Commission and the application shall be heard and determined as provided in Section 16.44.040.

C.

Exceptions to the foregoing provisions may be granted by the Planning Commission if the home occupation consists of an artistic, recreational or hobby activity that is primarily intended for casual or leisure time enjoyment, and which does not contribute significantly to the home owner's income. Such artistic, recreational or hobby activities shall not be permitted if it causes unreasonable vehicular traffic, parking congestion, noise, nuisance, odors, or is a danger to the health, welfare, peace, morals or safety of other residents or residences within the neighborhood. No inventory may be carried nor commodities sold on the premises which is other than incidental to the artistic, recreational or hobby activity. Product created on the premises may be sold off-site.

(Ord. 775 (part), 2004).

(Ord. No. 853, § 2, 8-16-2018)

A.

No person shall install, either as owner or agent, or employee of the owner, or as an independent contractor for the owner, or otherwise, any dish-type communications antenna, any additions thereto or substitution for such antenna, when such antenna exceeds three (3) feet in diameter, unless a site plan review is approved in accordance with the provisions of this section.

1.

In any residential zoned district, such antenna shall be treated as an accessory structure and shall comply with height, setback and lot coverage requirements for the zone in which in it is located . An antennae placed within a residential zone shall be screened from view of streets and abutting properties by use of fences, hedges or appropriate plant materials.

2.

Within any non-residential district, the antenna shall be treated as an accessory structure provided that the antenna need not be detached from any existing structure. The placement of such antenna shall not reduce any required parking or landscaping. To the extent possible the antenna shall be placed and screened from view of streets and abutting properties.

3.

The restrictions as set forth in subdivisions (1) and (2) of this subsection shall not be applicable to a licensee pursuant to Chapter 5.20 of the Yreka Municipal Code or commercial broadcast station, except to the ex tent that any such conditions may be imposed by the Planning Director as a condition for issuance of such site plan review.

4.

The applicant shall submit to the Planning Director a site plan with the information required by Section 16.52.020 setting forth the location of the proposed antenna, elevation of the proposed antenna, proposed screening, and such other information as may be required by the Planning Director. The Planning Director may grant said site plan review if it is determined said application together with any conditions complies with the provisions of this section.

(Ord. 775 (part), 2004).

A.

Spires, chimneys, machinery, radio and television towers, scenery lofts, cupola, water tanks and similar structures may be constructed and used to a height of not more than fifteen (15) feet above the height limit established for the district in which the structure is located, provided, however that no such structure in excess of the allowable height shall be used for sleeping or eating quarters or for any advertising purpose.

B.

Public utility distribution and transmission lines, and poles adjacent thereto are allowed in all districts to greater heights than established for the district in which the structure is located.

C.

So as to encourage joint utilization of communication towers, an additional twenty (20) feet in height for each additional separate and independent communications company utilizing the same tower may be permitted on properties east of Interstate 5 at an elevation greater than two thousand, nine hundred and fifty-two (2,952) feet (nine hundred meters). A permit for such additional height may be administratively approved by the Planning Director upon submission of an appropriate application, filing fee, site and elevation schematics, and verification that such tower will be utilized on a long term basis by separate and independent communications companies. To grant such permit, the Planning Director shall find that the proposed communications tower will not have detrimental effects to the surrounding properties, the environment or human health and safety. In no event shall the tower exceed one hundred feet in height and shall meet the requirements of the Federal Aviation Administration, if applicable.

(Ord. 775 (part), 2004).

A.

Unless specifically addressed in this chapter, no fence, wall, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed four feet in height within the area encompassed by the front yard setback as detailed in the zoning code. Nor shall the same exceed six feet in height within the area encompassed by the rear yard setback or the side yard setback to the front yard setback line.

Fence height shall normally be measured from the natural ground level provided however, an alternate measurement may be authorized by the building official if special circumstances exist relating to the property.

Non-conforming fences existing prior to the adoption of the ordinance from which this section is derived are exempt from these provisions until they require replacement, at which time they shall be required to conform with the provisions of this section.

If a non-conforming fence is damaged or destroyed to an extent of less than thirty percent, the owner may apply to the planning commission for a minor conditional use permit to replace the damaged portion, subject to the following findings and conditions:

1.

Approval will not result in obstruction of sight distance so as to create or increase any traffic safety hazard.

2.

Fence constructed of material such as chain link or wire mesh, within the front yard setback, shall be maintained clear of all debris, weeds or other vegetation. Landscape plants and grass must be maintained so as to not touch or grow through fence.

3.

The fence height will not significantly visually obstruct or reduce the openness of the street scene comprised of front yards in the neighborhood.

4.

Non-conforming fencing that is removed, or replaced, may not be reconstructed. New fencing must conform to the current regulations.

5.

A violation of any of these conditions may result in revocation of the permit.

B.

Security Fencing—Industrial and Commercial Zones:

1.

In M-1, M-2, CH and CT zones an additional two feet above the six foot height limit is permitted for the purpose of wire security fencing. (This does not apply to the front yard setback area.)

2.

Fences Within the Front Yard Setback in the M-1 Light Industrial Zone: Fences in the front yard setback in the M-1 light industrial zone may be allowed to up to six feet in height, upon obtaining a conditional use permit from the planning commission.

3.

Fences Within Front Yard Setback in the M-2 Heavy Industrial Zone: Fences in the front yard setback in the M-2 heavy industrial zone are allowed up to six feet in height. Corner properties zoned M-2 heavy industrial zone may have a fence up to six feet within a portion of the front yard setback, provided said fence is at least ten feet back from the front property line, maintaining a clear vision area to adjoining streets.

C.

Corner Lots: Notwithstanding the foregoing, as to any corner lot, no such fence, hedge or screen planting shall exceed three feet in height within thirty-five feet from the property corner adjacent to the intersecting streets. The owner of such property may apply for a minor conditional use permit for a greater height by a showing that no hazard exists to vehicular or pedestrian traffic. Such conditional use permit may be granted by the planning commission provided all provisions of this code are otherwise satisfied and, the director of public works, and the chief of police concur that no safety hazard is created by the greater height. In the event the planning commission denies the application, the applicant may file an appeal with the city council, in accordance with Yreka Municipal Code Section 16.14.030.

D.

Decorative columns, post caps or similar features not more than one foot in height may be added on top of fences or walls. Such features should typically not be less than eight feet apart, and must be consistent with the design and materials of the fence or wall.

E.

Fences or walls in the side or rear yards may not exceed six feet in height, except to allow up to two feet of lattice and framing that is at least fifty percent open to the passage of light and air when viewed horizontally. (This does not apply to the front yard setback area.)

F.

Historic District: Fences within the historic district must meet the requirements of the historic district; a separate historic district permit is required. Wire or chainlike fences are prohibited. Construction material shall be predominantly wood with a very few wrought iron picket posts. See historic district rules and regulations for specific details.

G.

Schools and other government owned property shall be exempt from the fence height restriction in the front yard setback.

H.

Maintenance. No fence is allowed to become or remain in a condition of disrepair including, but not limited to noticeable leaning, missing slats, broken supports, and overgrowth of weeds or vines.

I.

In no instance shall a fence extend beyond the property line.

(Ord. 775 (part), 2004).

(Ord. No. 863, § 1, 6-15-2021)

All outdoor lighting shall be designed to prevent unreasonable glare to adjoining properties and controlled by such reasonable means as are practical to prevent sky-reflected glare. Directional prismatic lenses and hooding devices should be utilized when possible.

(Ord. 775 (part), 2004).

A.

Where four or more lots in a block have been improved with buildings, the minimum required front yard for the main buildings shall be the average of the front yards of the improved lots if less than the front yard requirements herein.

B.

The Planning Director may issue an administrative permit to allow up to a five foot encroachment into an exterior side yard, provided that the sight distance is not obscured and the design and flow of the neighborhood is not disrupted.

C.

Architectural features such as cornices, eaves, canopies and porches shall not extend into the required front yard setback and no more than two feet into the side and back yard setbacks.

D.

On any parcel of land having an average width of less than fifty-five feet, which parcel was under one ownership of record on May 16, 1959, or is shown as a lot in any subdivision on file in the office of the county recorder on that date and the owner thereof owns no adjoining land, then the width of each side yard may be reduced to ten percent of the width of such parcel, but in no case to less than five feet.

E.

In CH, CT and M zones, the Planning Director may issue an administrative permit providing for food and/or beverage service within the front yard setback subject to the following terms and conditions:

1.

The area may only be utilized for on - premises consumption of food and/or beverages with provisions limiting facilities to tables, chairs, benches, outdoor heating or air circulating appliances and other similar furniture normally utilized in an outdoor café type of business.

2.

There shall be no display of inventory or merchandise nor sale of the same within the front yard setback area. No signs shall be allowed unless a sign permit is obtained pursuant to the provisions of Title 13 of this code. In no event shall temporary signs including banners, balloons, bunting, flags, posters, pennants, ribbons, streamers, strings of light bulbs or spinners be permitted within the area encompassed by the front yard setback.

3.

The area to be utilized may be covered by a post and beam, pole or awning structure which may be attached to the principal business building but which shall otherwise be open on three sides. Nonstructural sides may be utilized during business hours provided they do not create any public safety hazards or vehicular sight obstructions. Decorative or safety rails may be permitted.

4.

As to any existing building which intrudes into a side yard setback, the permit may allow the roof structure permitted to be subject to subsection (D)(3) to intrude into the side yard setback to the same extent as the building provided no public safety or fire hazards are created. New construction shall comply with required side yard setbacks.

5.

The proposed utilization of the front yard setback area shall not create any vehicular site obstruction at an intersection or at a driveway entrance to the premises or adjacent premises. The utilization of the front yard setback as permitted by this subsection shall not be conducted so as to block, restrict or interfere with the use of adjacent sidewalks or pubic streets.

6.

The applicant shall submit a site plan for the proposed use as provided in Chapter 16.52.

F.

On a corner lot the twenty foot exterior side yard setback may be modified to allow an encroachment up to ten feet by an administrative permit if it can be demonstrated that a hardship exists due to special circumstances applicable to the property including size, shape, topography, location or surroundings, provided applicant can show that no hazard exists to vehicular or pedestrian traffic. Such administrative permit may be granted provided all provisions of this code are otherwise satisfied.

(Ord. 775 (part), 2004).

(a)

Sales of food, beverages and merchandise from vehicles, trailers or mobile units shall be permitted on private property in any district without a use conditional permit provided such business is conducted in the following manner:

(1)

Such vehicles, trailers or mobile units shall be parked upon private property with the written consent of the property owner.

(2)

The visitors, guests or business patrons of vendors who jointly co-occupy the same private off-street parking lot with any other existing businesses, are prohibited from utilizing the off-street parking spaces required by this code or city permit for that other business. Vendors must provide a parking plan, approved by the property owner, and subject to the city's express consent, depicting paved parking for not less than three motor vehicles, in addition to the parking required of other operating businesses which share the same parking area.

(3)

Prior to any business operation vendor shall apply for, pay all necessary fees and obtain a business license for each day of the operation of such business, subject to the terms of Title 5 Business Regulations and Licenses of the Yreka Municipal Code, and the terms of the Siskiyou County Health Department.

(4)

No such vehicle, trailer or mobile unit shall remain upon any such private property for a period in excess of eight hours in any twenty-four-hour period.

(5)

Any person desiring to conduct a business for the sale of food, beverages or merchandise from a vehicle, trailer or mobile unit on private property in excess of eight hours in any twenty-four-hour period, are required to apply for, pay all necessary fees and obtain from the city council an extension of time for special events. The city council, may by resolution, or motion, grant an extension of time for daily business operations which exceed more than eight hours in length for a specific date or dates.

(6)

Any person desiring to obtain a permit to sell from a permanent location exceeding eight hours on a regular basis must apply for, pay all necessary fees and obtain a conditional use permit from the planning commission in accordance the zoning regulations and the provisions of Municipal Code Chapter 16.44.

(7)

The city council has the authority to adopt by resolution or ordinance such further rules and regulations governing sales from vehicles, trailers or mobile units, on private or on public property as it may deem, from time to time, necessary or appropriate in the city council's discretion.

(b)

Sales on city public streets or property at city sanctioned celebrations or promotions may be approved by a resolution of the city council. Any such sales shall be conducted at such locations and in such time and manner as may be authorized in writing by the city manager, chief of police or the director of public works.

(1)

Sales on the city's public sidewalks during periods other than city sanctioned celebrations or promotions may, in the city's discretion, be approved by a resolution of the city council, provided the sidewalk area is in excess of ten feet wide. Any such authorized sales, use shall be conducted in such a manner that it will not interfere with the mandates of the American Disabilities Act relating to pedestrian passage nor impose an unreasonable burden on the nearby properties, businesses, or occupants. Said approval will be subject to any additional rules and regulations as may be deemed necessary by the city council for each specific request.

(Ord. 775 (part), 2004).

(Ord. No. 820, § 1, 8-5-2010; Ord. No. 832, § 3(C), 12-6-2012; Ord. No. 862, § 1, 6-15-2021)

A.

Yard/Garage Sale Defined: A "yard/garage sale" means a garage, yard, lawn, patio or similar type sale held anywhere on the premises in any zone for the purpose of disposing of personal property.

B.

Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted, at the same address, more than two yard sales during any calendar year. No single yard sale shall continue for more than two consecutive days.

C.

Property Permitted to be Sold in any Residential Zone. It is unlawful for any person or persons to sell or offer to sell at any yard sale any property other than personal property accumulated for personal use by the occupant or occupants residing at the address at which said sale is to be held; provided, however, nothing herein shall prohibit neighbors in the same residential area from conducting a combined yard sale at one specified address.

D.

Advertising. It is unlawful to place a sign or other form of advertisement of a proposed yard sale upon any public property within the city or upon any other property within the city, except upon the premises where such sale is conducted. It is unlawful to exhibit a sign or other form of advertisement for more than two (2) days prior to the day said sale is to commence, or to allow such sign to remain after six p.m. on the termination date of such sale. One sign only, not exceeding fifteen (15) by twenty (20) inches in size, may be placed in the front or side yard of the premises where the sale is conducted.

E.

Hours of Operation. It is unlawful to conduct a yard sale before nine (9:00) a.m. or after six (6:00) p.m. of any day.

F.

Notification Prior to Sale. Prior to conducting any yard sale, any person proposing to conduct a yard sale shall notify the city manager's office of the City of Yreka, which such notification shall include the following:

1.

Name and address of person proposing to conduct yard sale;

2.

Location of proposed sale;

3.

Date or dates during which the proposed sale is to be conducted.

G.

Violation - Penalty. Any person violating any of the provisions of this section is guilty of an infraction with a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense within one year, and two hundred fifty dollars ($250) for the third offense within one year. Nothing herein shall be construed to prevent the City of Yreka from seeking injunctive or other relief which may be necessary to enforce the provisions of this code.

(Ord. 775 (part), 2004).

A.

Sales of handcrafted items on premises in any residential zone may be permitted pursuant to the provisions of this section.

B.

Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted at the same address any sale of handcrafted items for more than four (4) days in any calendar year.

C.

Advertising. It is unlawful to place a sign or other form of advertising of any such proposed sale on any public property within the city or upon other property within the city except upon the premises where the sale is to be conduced. It is unlawful to exhibit a sign or other form of advertisement for more than two days prior to the date said sale is to commence or to allow said sign to remain after six (6:00) p.m. on the termination day of such sale. One sign only not exceeding fifteen (15) by twenty (20) inches in size may be placed in the front or side yard of the premises where the sale is conducted.

D.

Hours of Operation. It is unlawful to conduct any such sale before nine (9:00) a.m. or after six (6:00) p.m. of any day.

E.

Business License Required. No such sale shall be conducted without previously procuring a daily business license for the day or days the sale is to be conducted.

F.

Violation - Penalty. Any person violating any of the provision of this section is guilty of an infraction with a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense within one year, and two hundred fifty dollars ($250) for the third offense within one year. Nothing herein shall be construed to prevent the City of Yreka from seeking injunctive or other relief which may be necessary to enforce the provisions of this code.

(Ord. 775 (part), 2004).

A.

On each multifamily development of five (5) units or more within any district, whether such development is on a single recorded lot or on two or more adjacent recorded lots, such development shall provide usable and accessible open space for the recreation and outdoor living enjoyment of the development's residents and their guests. Such open space shall not be less than twenty-five percent (25%) of the total parcel area.

B.

Open space standards shall be as follows:

1.

Open space may be provided in more than one location.

2.

To qualify as required open space, such area shall have no area less than ten (10) square feet and at least fifty percent (50%) open to the sky and free of any overhead structural or architectural projections.

3.

Open space shall be improved. Improvements may consist of planting areas containing living plant materials, walks, patios, swimming and wading pools, arbors, temporary and removable shade elements, recreation equipment and facilities and such other appurtenances as are appropriate to serve the outdoor living needs of people.

4.

Garages, carports, open off-street parking areas, vehicular access driveways, trash enclosures, clothes- drying yards and nonlandscaped areas shall not be included in calculating required open space.

(Ord. 775 (part), 2004).

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.46.120, which pertained to nonconforming uses and derived from Ord. 775 (part), adopted 2004.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.46.130, which pertained to nonconforming buildings and derived from Ord. 775 (part), adopted 2004.

(a)

Prefabricated exterior storage containers such as cargo containers or truck trailers are permitted only in industrial zones with a conditional use permit as an accessory use to the primary permitted use on the same site, subject to the following conditions:

1.

Storage containers may only be used for the storage of merchandise, inventory, shelving displays, or other incidental items related to the operation of the business.

2.

Business or sale of merchandise shall not be conducted from the storage container, nor shall the storage container be used a habitable space, office, or meeting area, and shall be kept closed and secured at all times other than when items are being moved to or from the storage container.

3.

Storage containers must be oriented to minimize the view from the public right-of-way. In no case shall storage containers be placed so as to cover, block, or otherwise impact required parking, or impact circulation and emergency access.

4.

Storage containers shall be painted in a color matching or similar to the field color of the primary structure and/or properly screened with screening walls and/or landscaping. Graffiti shall be removed within twenty-four (24) hours from any storage container or screening.

5.

The placement of any signs, advertising copy, banners, or similar item is prohibited on storage containers.

6.

No more than two (2) storage containers with a combined floor area of no more than six hundred forty (640) square feet shall be allowed. Storage containers shall not exceed a height of ten (10) feet.

7.

Storage container location:

(A)

Front setback: A storage container shall be no closer to the front lot line than the front-most wall of the building nearest the front lot line, or fifty (50) feet, whichever distance is greater. In no case shall a storage container be located closer than fifty (50) feet to any front lot line.

(B)

Side and rear setbacks: Side and rear setbacks shall be the same as those for the underlying zone.

(b)

Storage containers may be allowed as a temporary use on construction sites in any zone within the city subject to first obtaining a temporary use permit pursuant to Section 16.46.010.

(c)

This section shall not apply to a location with a permitted business actively engaged in transporting cargo containers or truck trailers provided which container or trailer is only on the property temporarily and not utilized for outside storage purposes.

(Ord. 775 (part), 2004).

(Ord. No. 853, § 2, 8-16-2018)

A.

General Provisions. The following are the minimum criteria applicable to all new single-room occupancy residential units:

1.

Tenancy. Tenancy of single-room occupancy residential units shall not be less than thirty days.

2.

Tenants per room. Each unit shall accommodate a maximum of two persons.

3.

Maximum unit size. No unit may exceed four hundred square feet.

4.

Common facilities. Single-room occupancy residential unit facilities shall provide individual or shared bathing facilities and may provide individual or shared kitchen facilities.

5.

Laundry facilities. Common laundry facilities shall be provided at a rate of one washer and dryer per ten units, with a minimum of one washer and dryer.

6.

Manager's Office or Unit. An on-site management office or manager's unit shall be provided.

7.

Parking. One parking space per unit is required. All applicable parking facility standards shall apply per Chapter 16.54.

8.

Storage. Each unit shall have a separate closet.

(Ord. No. 837, § 1, 5-1-2014)

A.

Development Standards.

1.

The maximum number of beds shall be fifteen.

2.

The emergency shelter shall provide on-site parking at a rate of one space for staff plus one space per five allowed occupants. All applicable parking facility standards shall apply per Chapter 16.54.

3.

A written management plan is required for all emergency shelters that includes provisions for staff training, neighborhood outreach, transportation, security, client services, and food services.

4.

The maximum term of staying at an emergency shelter is six months in a consecutive twelve month period.

(Ord. No. 837, § 1, 5-1-2014)

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are an allowed use in all zoning districts that allow single-family and multifamily residential uses in the city and shall not be subject to a use permit or other discretionary action pursuant to Government Code Section 65852.2. In the CPO, C-2, CH, CT, and M-1 zones, ADUs and JADUs are permitted by right only if the property has an existing or proposed single- or multi-family dwelling with an approved use permit. ADUs and JADUs are subject to the following requirements:

A.

The increased floor area of an attached ADU shall not exceed fifty percent of the proposed or existing primary dwelling living area, as long as the size limitation permits an ADU at least eight hundred square feet in size, at least sixteen feet in height with four-foot side and rear yard setbacks, and that can be constructed in compliance with all other local development standards. Maximum allowed increase in floor area is one thousand two hundred square feet. JADUs shall not exceed five hundred square feet regardless of lot size.

B.

The dwelling unit is not intended for sale but may be rented for a period greater than thirty days. Short-term rental (thirty days or less) of these units is not allowed. The ADU or JADU shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting in the primary structure and ADU being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division.

C.

The lot contains an existing or proposed single- or multi-family dwelling.

D.

The lot in which the use is proposed is in a zoning district which allows for single- or multi-family use.

E.

Owner-occupancy of the parcel is not a requirement to apply for the construction of an ADU or JADU. Owner occupancy of a dwelling on the property is not required between January 1, 2020 and January 1, 2025 for ADUs. However, owner occupancy of the single-family residence in which a JADU will be permitted is required. The owner may occupy either the remaining area of the primary dwelling or the JADU. The owner occupancy requirement associated with a JADU shall be recorded on the property deed.

F.

For a project which proposes a new single- or multi-family dwelling and an ADU or JADU, the primary dwelling shall be approved for occupancy prior to occupancy of the ADU/JADU.

G.

ADUs shall be either attached to the proposed or existing dwelling and located within the living area of the proposed or existing dwelling or detached from the proposed or existing dwelling and located on the same lot as the existing dwelling. JADUs shall be attached to the existing dwelling and located within the living area of the proposed or existing dwelling.

H.

No setback shall be required for an existing living area, garage, or accessory structure that is converted to an ADU or JADU. However, fire protection mechanisms, as determined by the fire marshal, may be required for fire and life safety in those ADUs or JADUs not meeting setbacks.

A setback of four feet shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

I.

With the exception of those requirements discussed in subsection H above, requirements relating to height, architectural review, site plan review, fees, charges, and other zoning requirements are generally applicable to residential construction in the zone in which the property is located.

J.

Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. No new or additional parking spaces are required for JADUs. Additionally, no parking requirements shall be mandatory for those ADUs and JADUs in any of the following instances:

a.

The ADU or JADU is located within one-half mile of public transit.

b.

The ADU or JADU is located within an architecturally and historically significant historic district.

c.

The ADU or JADU is part of the existing primary residence or an existing accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of the ADU or JADU.

e.

When there is a car share vehicle located within one block of the ADU or JADU.

K.

Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

L.

The replacement of parking spaces in an existing attached or detached garage, carport, or covered parking converted to an ADU or an existing attached or detached garage, carport, or covered parking demolished to construct a new ADU shall not be required for the construction and use of the ADU.

The replacement of parking spaces in an existing attached garage, carport or covered parking converted to a JADU or an existing attached garage, carport, or covered parking demolished to construct a new JADU shall not be required for the construction and use of the JADU.

M.

All ADUs and JADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling. However, other fire protection mechanisms, as determined by the fire marshal, may be required for fire and life safety in those ADUs and JADUs not meeting setbacks.

N.

For those ADUs or JADUs contained within the existing space of a single-family residence or accessory structure, which have an independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety shall not require a new or separate utility connection directly between the ADUs or JADUs and the utility. No related connection fee or capacity charge shall be imposed for this structure.

For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

O.

Development impact fees for ADUs shall be based on the proportional size of the ADU to the primary dwelling. No development impact fees shall be required for ADUs of seven hundred fifty square feet or less in size.

P.

For an ADU or JADU that is not described in subsection N above, a new or separate utility connection directly between the ADU or JADU and the utility shall be required. The connection is subject to a connection fee or capacity charge which shall be proportionate to the burden of the proposed ADU or JADU, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. No impact fees may be charged for the development of an ADU or JADU less than seven hundred fifty square feet.

Q.

A maximum of one ADU and one JADU are allowed per lot occupied by a single-family residential unit if the following is met:

a.

The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure.

b.

An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

c.

The space has exterior access from the proposed or existing single-family dwelling.

d.

The side and rear setbacks are sufficient for fire and safety.

e.

The JADU complies with the requirements of Section 17.76.130 and Section 17.08.145.

R.

Multiple ADUs shall be allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

At least one attached ADU and a maximum of twenty-five percent of the existing multi-family dwelling units shall be allowed in a multi-family structure.

Up to two detached ADUs that are located on a lot that has an existing multi-family dwelling shall be allowed on that multi-family lot. These detached ADUs are subject to a height limit of sixteen feet and four-foot rear yard and side setbacks.

(Ord. No. 853, § 2, 8-16-2018; Ord. No. 854, § 2, 8-20-2020)