Alturas Municipal Code Div. 2 General Development Standards

This Section identifies development standards that apply to all zones in order to provide consistent application of development standards throughout the City.

(Ord. No. 503, 12-16-2014)

Table 28.41.020 lists the General Development Standards that apply to each Primary Zone unless modified by this Section, a Use Permit (which can only impose more restrictive Standards), the Land Use Restrictions of Article III, or a Variance Permit. A more detailed description of each of these Standards follows this Matrix.

[Figure: 28.41.020]

Notes:

1. Except where property line abuts a residential zone, then minimum 10' setback is required.

2. Minimum lot size and width required by City Code Section 23-14(a) and (b) respectively.

3. Residential uses are prohibited on the first floor in the C1 zone, and limited to Commercial Caretaker Housing in non-residential zones pursuant to the Land Use Matrix.

4. Residential only allowed as a Mix-Use Development where residential is a secondary use to a primary recreation use.

(Ord. No. 503, 12-16-2014)

A. Lot Area and Width Defined. The minimum area and width of lots shall be as defined in Table 28.41.020 for each zone.

B. Measurement of Lot Width. Lot width shall be measured in accordance with the following:

1. Standard Lot. The lot width shall be measured at the edge of the right-of-way or road easement.

2. Cul-de-sac/Curved Road. Where a lot is located at the end of a cul-de-sac or on the outside curve of a road, the lot width shall be measured at the minimum front setback line as established by the development standards of the zone.

3. Flag Lot. For a flag lot, the measurement requirements under Subsection A above shall be taken across the narrowest portion of the lot not containing the access strip.

4. Corner Lot. The lot width shall be measured at the edge of the right-of-way or road easement that is selected as the primary front yard in the building plans.

(Ord. No. 503, 12-16-2014)

A. Requirements and Exceptions. All structures and buildings shall be located on a lot so as to conform to the setback requirements established for the zone in which the lot is located as set forth in Table 28.41.020, except as provided in:

1. This Section,

2. The Land Use Restrictions of Article III,

3. A Use Permit (where setbacks can be made more restrictive, but not less restrictive), or

4. As provided by an approved Variance Permit.

B. Measurement of Setbacks. Setbacks shall be measured from the closest of either a property line, the edge of a road easement, or the edge of a right-of-way line (whichever is more restrictive) to the nearest point of the foundation or support of a building or structure, on a line perpendicular to the property line, road easement, or right-of-way line.

C. Exceptions to Table 28.41.020. The following structures are exempt from the Setback Standards:

1. Fences, walls, gates, arbors and trellises subject to Section 28.41.060;

2. Signs, subject to Article IV, Division 7.

(Ord. No. 503, 12-16-2014)

A. Requirements and Exceptions. All structures and buildings shall conform to the maximum height requirements established for the zone in which the lot is located as set forth in Table 28.41.020, except as provided in:

1. This Section,

2. The Land Use Restrictions of Article III,

3. A Use Permit (where height limits can be made more restrictive, but not less restrictive), or

4. As provided by an approved Variance Permit.

B. Measurement of Building Height. The height of a building is determined by calculating the average finished grade of each building wall, and measuring the height between this average finished grade and the highest point of the building, as shown in Figure 28.41.050.A below. Where a retaining wall supporting a drop in grade is within a five foot horizontal distance from the exterior wall, the height of the retaining wall shall be included in the building height. If each building wall has a different height, then the average height of all four walls is calculated to determine the actual building height, as shown in Figure 28.41.050.A.

Figure 28.41.050.A

[Figure: 28.41.050A]

C. Exceptions to Building Height Requirements. Chimneys; church spires; elevator, mechanical and stair housings; flag poles; towers; vents; and other similar structures which are not used for human activity, may be up to 20 percent higher than the maximum height requirements in all zones where the excess height is not prohibited by Section 28.23.040 (Airport Safety Overlay Zone). The use of towers or similar structures to provide higher ceiling heights for habitable space shall be deemed a use intended for human activity. No structure permitted by this section shall be employed for any commercial or advertising use unless specifically allowed by the applicable zone, except that antennas and associated equipment may be located within or on such structures in conformance with Section 28.36.010.

(Ord. No. 503, 12-16-2014)

The following criteria shall apply to fences, walls, retaining walls, gates and trellises (collectively referred to as "fences" for this purpose of this section).

A. Measurement of Fence Height. Fence height shall be measured as the vertical distance between the natural or finished grade at the base of the lowest side of the fence, and the top edge of the fence material, as shown in Figure 28.41.060.A below:

[Figure: 28.41.060A]

B. Materials. Agricultural Fencing types, as identified in Article VIII, are only permitted in Agricultural and Rural Residential zones.

C. Front Yards. In all zones fences shall be allowed up to a height of four feet in both primary and secondary front yard setbacks, and Arbors (used as an entry element) may be as high as eight feet in height.

D. Side and Rear Yards. In all zones, fences that are erected within five feet of a retaining wall shall be allowed within required side and rear yard setbacks to a maximum cumulative height of seven feet.

E. Agricultural Zone Fence Height. On lots that are located in the AG (Agricultural) zone, Agricultural Fencing, as defined in Article VIII, shall be allowed in any setback area provided it does not exceed 8 feet in height.

F. Retaining Walls. For the purposes of calculating fence or wall height, the height of a retaining wall is included in the calculation if the fence or wall is located on top of or within five feet of the retaining wall. A sloped area, if it exists between the retaining wall and the fence or wall shall be included in the height calculations as noted in Figure 28.41.060.B below:

[Figure: 28.41.060B]

G. Fences and Gates In or Across Rights-of-Way. Fences and gates shall not be allowed within a public road easement or City maintained right-of-way. Decorative entryways to a private road system may be allowed by Administrative Permit subject to the following:

1. Gates are to be located to ensure they will not swing into any other right-of-way when operated; and

2. Their installation must be consistent with applicable fire and building codes, and shall be equipped with an emergency access lock system approved by the fire department; and

3. The gate will not impede public access to a public resource, such as a public park, or interfere with existing or planned traffic circulation patterns; and

4. One pedestrian access shall be provided at each gated entrance; and

5. A maintenance agreement shall be established and recorded for the gated development, unless this is already provided for in recorded CC&R's for the property. The agreement shall identify, and at all times keep in effect, a legal entity responsible for maintaining the gate(s) and associated features.

H. Prohibited Fencing Materials. Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury shall be prohibited. These regulations shall not apply to fencing required by court order, permitted by a Use Permit, or when being used for animal husbandry and/or grazing operations.

I. Fence Height Limits Outside Setback Areas. Fences and walls not located within any of the required setback areas are limited in height only by the building height limitations of the zone in which they are located.

J. Exceptions. The fence height and material regulations of this Section may be modified by Administrative Permit, processed pursuant to Section 28.52.010, subject to the following conditions:

1. Maximum Height Limit. In no case may approved fence heights exceed 8 feet.

2. Established Need. Applicant must demonstrate a clear need for the change based on personal or property protection.

3. Public Notice. A 300 Foot Notice shall be issued pursuant to Section 28.51.030D and recipients given a minimum of 14 days to respond to the proposal prior to a decision being made.

(Ord. No. 503, 12-16-2014)

Unless exempted by Section 28.41.040C, no detached garage, carport or other accessory structure shall project past the house in the front half of the lot unless a Variance is granted pursuant to Section 28.52.050.

(Ord. No. 503, 12-16-2014)