Chapter 17.78 — COASTAL ZONE HEIGHT AND AREA EXCEPTIONS

Note: Editor's note—Ord. of 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.78, §§ 17.78.010—17.78.110, and enacted a new Chapter 17.78 as set out herein. The former Chapter 17.78 pertained to similar subject matter. See Code Comparative Table for complete derivation.

§ 17.78.010. Generally. ¶

The height and area regulations set forth in this title shall be subject to the exceptions and amplifications set forth in Sections 17.78.020 through 17.78.110 .

(Ord. of 2-22-2011(1))

§ 17.78.020. Height exceptions. ¶

A. Dwellings. Dwellings in the thirty-five-foot height district may be increased in height by not more than ten feet when two side yards of not less than fifteen feet each are provided.
B. Penthouses or Roof Structures. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, television aerials or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, flagpoles, chimneys, and similar structures may be erected above the height limits prescribed by the height and area regulations, but no penthouse or roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space.

(Ord. of 2-22-2011(1))

§ 17.78.040. Area exceptions—Front and side yard requirements for dwellings. ¶

The front and side yard requirements for dwellings shall be waived for any dwelling which, in its entirety, is located or established directly above stores, shops, or garages in the commercial districts unless such yards are also required to be provided for said stores, shops, or garages under the provisions of these regulations. Notwithstanding any of the above, development may only occur fifty feet beyond the landward edge of a wetland.

(Ord. of 2-22-2011(1))

§ 17.78.050. Area exceptions—Minimum yard for certain buildings. ¶

On any lot which abuts an alley, no building shall project or extend within five feet of the alley property line. (Ord. of 2-22-2011(1))

§ 17.78.060. Area exceptions—Width of side yards reduced. ¶

On any parcel of land with an average width of fifty feet or less, which parcel was under one ownership at the time of, or is shown as a lot on any subdivision map filed in the office of the county recorder, pri-or to the effective date of the ordinance codified in this chapter, 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 three feet. Notwithstanding any of the above, development may only occur fifty feet beyond the landward edge of a wetland. (Ord. of 2-22-2011(1))

§ 17.78.070. Area exceptions—Yard to be open. ¶

Every part of a required yard shall be open from its lowest point to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than twenty-four inches nor into a minimum front or rear yard more than forty-eight inches. Notwithstanding any of the above, development may only occur fifty feet beyond the landward edge of a wetland. (Ord. of 2-22-2011(1))

§ 17.78.080. Area exceptions—Projection of eaves, cornices and marquees. ¶

Eaves, cornices and marquees on buildings for which no front yard or street side yard is required may project over the street property line providing that no such eaves, cornices or marquees shall project over the street line more than two feet. (Ord. of 2-22-2011(1))

§ 17.78.090. Area exceptions—Fire escapes, outside stairways and balconies. ¶

Open fire escapes, open porches, outside stairways and balconies may project into the minimum front and rear yards by less than four feet. (Ord. of 2-22-2011(1))

§ 17.78.100. Area exceptions—Chimneys, flues, and other structures or equipment. ¶

Chimneys, flues and water softener tanks and air conditioners may project into a minimum side yard; provided that such structures or equipment shall not extend or project nearer than three feet to the side property line. (Ord. of 2-22-2011(1))

§ 17.78.110. Area exceptions—Rear yard. ¶

In the case of a reverse corner lot where the rear of a lot in a commercial or industrial district abuts upon the side of a lot in any residential district, there shall be a rear yard of not less than ten feet; provided, that where a public alley separates the rear of the lot, on a commercial or industrial district and the side of a lot in a residential district, no rear yard shall be required. Notwithstanding any of the above, development may only occur fifty feet beyond the landward edge of a wetland. (Ord. of 2-22-2011(1))