SEC. 36.06. - Zoning district regulations—General.

a.

Purpose. Sec. 36.10.05 (Residential Districts), 36.18.05 (Commercial Districts), 36.20.05 (Industrial Districts), 36.22, 36.24, 36.24.35, 36.26, and 36.26.35 (Special Purpose Zones), determine which land uses are allowed in each zoning district, what zoning permit is required to establish each use and the basic development standards that apply to allowed land uses in each of the zoning districts established by Sec. 36.04 (Zoning Districts Established).

b.

Conflicts between provisions. In the event of any conflict between the following zoning district regulations and other requirements of this chapter, the regulations more specific to the type of use or structure shall control.

c.

Single parcel in two zoning districts. In the event two (2) or more parcels under different zone districts are proposed to be consolidated through the approval of a lot line adjustment, parcel or tentative map in

compliance with Chapter 28 of the City Code (Subdivisions), resulting in a single parcel covered by two (2) or more zoning districts, an application to rezone the resulting parcel to a single zoning district shall be made prior to completion of the lot line adjustment, parcel or tentative map. In the event that the consolidated single-zoned parcel would not result in greater neighborhood compatibility and a superior site layout, the decision-making body may allow a single parcel covered by two (2) or more zoning districts.

d.

Measurements, calculations. Explanations of how height limits, site coverage requirements and floor area ratios (FAR) apply to sites and projects are in the Zoning Calculations: Methods, Definitions and Clarifications handout, in the community development department.

e.

Compliance with this chapter. Except as otherwise provided in this chapter, no building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted in the district in which such building, land or premises are located; and no building or part thereof or structure shall be erected, nor shall any existing

building be altered, enlarged or rebuilt or moved into any district, except in conformity to the development regulations hereinafter designated for the district in which such building is located.

(Ord. No. 18.13, § 1, 12/10/13.)

Disaster storage container accessory structures shall conform to this chapter and City Code Sec. 25.5 and shall obtain all proper permits for installation.

(Ord. No. 18.13, § 1, 12/10/13.)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority, except as limited in Sec. 36.06.60.

(Ord. No. 18.13, § 1, 12/10/13.)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure, or part thereof, for which official approvals and required building permits have been granted before the enactment of this chapter, and the construction of which, conforming with such plans, shall have been started prior to the effective date of this chapter and completion thereof carried on in a normal manner within the subsequent six (6) month period and not discontinued until completion, except for reasons beyond the builder's control.

(Ord. No. 18.13, § 1, 12/10/13.)

Following the initiation of a rezoning, precise plan, adoption or amendment, or a zoning amendment by the environmental planning commission or the city council or a property owner and prior to its adoption by the city council, no building permit or zoning permit or any other land use entitlement, except as specifically exempted herein, shall be issued for construction or use on said property unless the proposed construction and use shall conform to both the existing zoning regulations and the proposed zoning regulations for said property.

a.

Zoning Actions. For purposes of this section, the following proposed or pending zoning actions shall be subject to this section:

1.

Adoption of or amendments to a precise plan, area plan, or any other specific plan; or

2.

Reclassification of property from one zoning district to another ("rezoning"); or

3.

Amendment(s) to regulations or design criteria within a zoning district, or to general and special provisions, exceptions and interpretations as set forth in this chapter.

b.

Exceptions. The following activities shall be excepted from the restrictions of this section, provided that such activities shall remain subject to the usual application process, and the applicant demonstrates to the satisfaction of the chief building official or zoning administrator, as appropriate, that the requested changes are minor and incidental and will not materially affect the purposes or intent of the zoning action:

1.

Minor interior or exterior modifications for existing uses with no change in the entity exercising the use; or

2.

Minor modifications and/or improvements to landscaping; or

3.

Minor changes in existing signs, including changes to the face of an existing sign.

(Ord. No. 18.13, § 1, 12/10/13.)

Any lot which conformed to law at the time of its creation, and any lot legally created prior to annexation to the city may be used as a building site even when said lot or parcel is of less area or width than required by the regulations for the district within which it is located which are applicable at the time of its development; provided, however, that all other regulations of such district shall apply to such lots or parcel.

(Ord. No. 18.13, § 1, 12/10/13.)

Short-term rentals shall conform to City Code Chapter 44, including all application, registration, licensing and operational requirements.

(Ord. No. 20.19, § 2, 12/10/19.)

Projects proposing any action that would either permit or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL 65 dB or greater, as mapped in the Moffett Federal Airfield Comprehensive Land Use Plan ("CLUP"), shall include the grant of an avigation easement to the U.S. Government and the County of Santa Clara prior to issuance of a building permit(s) for any proposed buildings or structures, consistent with the CLUP.

(Ord. No. 2.2026, § 2, 1/27/26.)

DIVISION 2. - ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless:

a.

The land use is identified by as being allowable in the zoning district applied to the site;

b.

Any zoning permit required by this chapter is obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Sec. 36.06.50, exemptions from land use permit requirements. The zoning permit requirements of this chapter are established by Sec. 36.10.05 (Residential Zones), 36.18.05 (Commercial Zones), 36.20.05 (Industrial Zones), 36.22, 36.24, 36.24.35, 36.26 and 36.26.35 (Special Purpose Zones).

In determining whether to grant a zoning permit, the reviewing authority, as specified in Article XVI, shall consider an analysis of the fiscal impacts of the development covered by any application involving two (2) or more acres of land that proposes to change the allowed type or quantity of development or change the allowed land uses. The fiscal analysis shall, at the minimum, evaluate the change in revenues paid to the city by the uses or development proposed to be allowed compared to the uses or development currently

permitted. The fiscal analysis may be expanded to cover additional detail or the fiscal impact on other agencies if the basic analysis indicates that the potential fiscal impacts may have a significant impact on the city or other agencies. If the reviewing authority, established by Article XVI, is other than the city council, any project application with a potentially adverse fiscal impact shall be referred to the city council for final action on the zoning permit;

c.

The use is in compliance with all other applicable requirements of this chapter including, but not limited to, the development standards of this chapter; and

d.

The use is in compliance with any applicable site design conditions imposed by previous land use approvals.

(Ord. No. 18.13, § 1, 12/10/13.)

Any questions about whether a proposed land use is allowed in a particular zoning district by Sec. 36.10.05 (Residential Zones), 36.18.05 (Commercial Zones), 36.20.05 (Industrial Zones), 36.22, 36.24, 36.24.35, 36.26 and 36.26.35 (Special Purpose Zones), shall be resolved by the zoning administrator in compliance with Sec. 36.58.30 (Procedures for Interpretation), except that land uses listed, as specifically defined in this chapter, and on the tables in a particular zoning district(s) shall only be allowed in the specific zoning district(s) in which it is listed. Such uses can only be allowed in other zoning district(s) upon approval of a text amendment as provided by Sec. 36.52.35 (Zoning Amendments). These uses cannot be named as similar uses as determined by the zoning administrator through the conditional use permit process or Sec. 36.58.30 (Procedures for Interpretation). Land uses that are not listed on the tables are not allowed, except where otherwise provided by Sec. 36.06.40 (Determination of Allowable Land Uses) or Sec. 36.06.50 (Exemptions from Zoning Permit Requirements).

(Ord. No. 18.13, § 1, 12/10/13.)

Requirements for establishing a temporary use are in Sec. 36.46 (Temporary Use Permits).

(Ord. No. 18.13, § 1, 12/10/13.)

The zoning permit requirements of this Chapter do not apply to the following activities, land uses and structures except as otherwise provided below.

a.

Accessory dwelling units and junior accessory dwelling units. Accessory dwelling units, as defined in Section 36.60.05, or junior accessory dwelling units, as defined in Section 36.60.23, shall be designed in

compliance with Section 36.12.60 through Section 36.12.120.

b.

Accessory structures with less than one hundred twenty (120) square feet in floor area. One (1) story detached structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet, and the structure is not required to have building or grading permits by Chapter 8 (Buildings) of the City Code. However, the floor area shall count toward the allowed floor area for the parcel, and the structure(s) shall comply with Section 36.12.35.

c.

Antennas, communication facilities. Communication facilities and antennas, as defined in Section 36.60.03, are allowed in all zoning districts subject to a development review permit (Section 36.44.45), unless prohibited by state and/or federal law, and shall comply with the development standards for the applicable district, except that they are prohibited on any R1 or R2 zoned property used primarily for a single-family residence. This Section shall apply to any facility proposed within a city zoning district, excluding the city's rights-of-way. All of the aspects enumerated in Government Code § 65850.6(b) (which include, but are not limited to, aesthetics, design, height, location, bulk and size) will be considered given the facts and circumstances of each proposed facility and its compatibility with the neighborhood and adjacent uses.

d.

Decks, paths and driveways. Decks, platforms, on-site paths and driveways that are not required to have building or grading permits by Chapter 8 (Buildings) of the City Code and are not over eighteen (18) inches above natural grade and not over any basement or story below.

e.

Dual urban opportunity development. A dual urban opportunity development, as defined in Section 36.30.11, shall be designed in compliance with Section 36.13.10 through 36.13.45.

f.

Emergency shelters. Emergency shelters, as defined in Section 36.60.13, shall be exempt from all planning permits except a conditional or provisional use permits when required by the applicable zoning district.

g.

Fences—R1 and R2 zoning districts. The following types of fences in the R1 and R2 zoning districts are exempt from zoning permit requirements. Allowed fence heights and locations are illustrated in Figure 36.06-1 (Fence and Wall Standards).

1.

Interior lots. Fences up to three (3) feet in height when located within the required front yard, or up to six (6) feet in height located on rear or side property lines outside the required front yard, and entry features over front yard gates (e.g., open-latticed arbors and trellises) not exceeding eight (8) feet in height, three (3) feet in depth or five (5) feet in width, when located within the required front yard.

Corner lots.

(a)

Fences up to three (3) feet in height within the required front yard and traffic safety visibility areas—front and side (or rear). The front traffic safety visibility area is formed by measuring thirty-five (35) feet from the intersection of the street side property line and the front property line of the corner parcel, along both property lines, and then connecting the two (2) points across the corner of the lot;

(b)

Entry features over front yard gates (e.g., open-latticed arbors and trellises), not exceeding eight (8) feet in height, three (3) feet in depth or five (5) feet in width, when located within the required front yard but outside the traffic safety visibility areas; and

(c)

Fences up to six (6) feet in height located on rear and side property lines outside the required front yard and traffic safety visibility areas, and at least five (5) feet from the street side property line. Further, fences over three (3) feet in height adjacent to the side street property line shall be set back where the side street fence approaches an adjacent lot's front yard in order to create a side (or rear) triangular traffic safety visibility area for the adjacent lot at the side (or rear) of the corner parcel. This triangle is formed by measuring ten (10) feet from the intersection of the street side property line of the corner parcel and the side property line of the adjacent parcel, along both property lines, and then connecting the two (2) points across the corner parcel. See Figure 36.06-1.

Figure 36.06-1 FENCE AND WALL STANDARDS

(For Reference Only)

==> picture [360 x 251] intentionally omitted <==

h.

Electric vehicle charging stations. Electric vehicle charging stations are permitted in all zoning districts subject to Chapter 8 of the City Code.

i.

Governmental activities. Activities of the city, state or an agency of the state or the federal government on land owned or leased by a governmental agency.

j.

Irrigation. The installation of irrigation lines.

k.

Interior remodeling. Interior alterations that do not result in an increase in the gross floor area within the structure, or a change in the permitted use of the structure.

l.

Repairs and maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if any exterior repairs employ the same materials and design as the original.

m.

Retaining walls. Retaining walls (retaining earth only) that result in grade changes of eighteen (18) inches or less and are not required by Chapter 8 of the City Code to have a grading permit.

n.

School facilities. Public school facilities, in compliance with Government Code § 53091, et seq., except where a site is proposed to be occupied exclusively by nonclassroom facilities.

o.

Single- and two (2) family dwellings. The construction of four (4) or fewer single-family dwellings or two (2) duplexes and the remodeling of single-family or duplexes in the R1 and R2 zoning districts, provided that the proposed development is in compliance with all applicable provisions of this Chapter, except as provided in Sections 36.10.30 (Development Review Required, R1 Zone), 36.10.55 (Development Review Required, R2 Zone) and 36.10.80 (Development Review Required, R3 Zone).

p.

Solar collectors. The addition of solar collection systems to the roofs of existing structures, provided that the collectors are located on the ground level and screened from ground-level public view or, if roofmounted, are mounted at approximately the same angle as the roof. Solar collectors must comply with the height limitations of the zoning district in which they are located.

q.

Spas, hot tubs and fish ponds. Spas, hot tubs, ponds, etc., that do not exceed one hundred twenty (120) square feet in total surface area, including related equipment, contain more than two thousand (2,000) gallons of water, or exceed three (3) feet in depth.

r.

Utilities. The erection, construction, alteration or maintenance by a public utility, public agency or private company determined by the city to fulfill a public function of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including occupiable or storage structures, shall be permitted in any zoning district, provided that the route of any electrical transmission line(s) having the potential of fifty thousand (50,000) volts or more shall be subject to council review and approval prior to acquisition of rights-of-way.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.17, § 3, 4/25/17; Ord. No. 20.19, § 3, 12/10/19; Ord. No. 11.20, § 2, 11/10/20; Ord. No. 4.22, § 2, 4/12/22; Ord. No. 4.2024, § 2, 4/23/24.)

A permitted land use that is exempt from a zoning permit, or has been granted a zoning permit, may still be required to obtain other permits before the use is constructed or otherwise established and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permits, approvals or authorizations required by other provisions of the City Code, including, but not limited to, building, grading or other construction permits if they are required by Chapter 8, a business license if required by Chapter 18, hazardous materials storage permits if required by Chapter 24, subdivision approval if required by Chapter 28, or any other permit, approval or authorization required by a regional, state or federal agency. All necessary permits, approvals and authorizations shall be obtained before starting work or establishing new uses.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 4.2024, § 2, 4/23/24.)

SECS. 36.06.56—36.06.59. - Reserved.

Editor's note— Ord. No. 01.2024, § 3, adopted Jan. 23, 2024, repealed §§ 36.06.56—36.06.59, which pertained to marijuana and derived from Ord. No. 14.16, § 1, adopted Nov. 1, 2016.

DIVISION 3. - NONCONFORMING USES AND STRUCTURES

SEC. 36.06.60. - Nonconforming uses and structures. SEC. 36.06.65. - Continuing existing uses.

Except as hereinafter specified, any use, building or structure lawfully existing at the time of the enactment of this chapter, may be continued even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located; provided, however, that this section does not apply to any use, building, or structure established in violation of any zoning ordinance previously in effect.

(Ord. No. 18.13, § 1, 12/10/13.)

Existing uses and structures which do not conform to the regulations of the district where they are located shall be subject to these specific regulations in addition to the general regulations of the particular district in order to ensure that such uses and structures are not detrimental to the community, and to provide for their gradual elimination or improvement in order to further the general plan and overall goals of the city for orderly community development.

(Ord. No. 18.13, § 1, 12/10/13.)

The nonconforming use of land not involving any building or structure except minor structures, such as fences and signs, or buildings less than four hundred (400) square feet in area, may be continued for a period of five years from the date the use becomes nonconforming, at the end of which period such nonconforming use shall cease or shall be changed to a conforming use.

Where a nonconforming use on a lot has ceased for six (6) months or more, such lot shall not again be used for a nonconforming use. Nonconforming use of land as used in this section shall include the use of either unimproved land or land containing minor structures such as fences, signs or buildings less than four hundred (400) square feet in area.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

The nonconforming use of any commercial, industrial or office building located in an "R" district, or in an area designated for residential use in the Mountain View general plan shall be terminated within forty (40) years of the date the use became nonconforming, unless a conditional use permit is obtained from the zoning administrator in accordance with the provisions of Sec. 36.48 (Conditional Use Permit) to authorize the continuation of such use.

In considering whether or not such a permit may be issued, in addition to procedures and criteria contained in Sec. 36.48 (Conditional Use Permit), the following criteria shall be applied:

1.

The degree to which the use serves a need, which is directly related or complementary to permitted uses of the property;

2.

The degree to which the nonconforming use creates parking, traffic or congestion problems;

The degree to which the nonconforming use can be assured not to be detrimental to the habitability of adjacent properties throughout the period of its continued use; and

4.

The degree to which the general appearance will not detract from the neighborhood character or desirability.

b.

The use of a nonconforming residential building or mobile home, located in a "C" or "M" district, shall be allowed to continue for the structural life of the building.

c.

The nonconforming use of a conforming building or structure may be continued for a period of five (5) years from the date the use becomes nonconforming, at the end of which period such nonconforming use shall be changed to a conforming use or be terminated.

d.

No existing building, structure or land devoted to a nonconforming use shall be enlarged, extended, reconstituted or substituted, or substantially altered, unless the use thereof is changed to a permitted use in the district in which such building, structure or land is located, except as follows:

1.

When authorized by the zoning administrator and in accordance with the provisions of Sec. 36.48 (Conditional Use Permit), a nonconforming use may be changed to a use of the same or more restrictive nature.

2.

When authorized by the zoning administrator and in accordance with the provisions of Sec. 36.48 (Conditional Use Permit), a nonconforming use of a building may be extended throughout those parts of the building which were manifestly designed or arranged for such use prior to the date when such use or such building became nonconforming, if no structural alterations, except for those required by law, are made therein.

3.

When authorized by the zoning administrator and in accordance with the provisions of Sec. 36.48 (Conditional Use Permit), minor alterations to nonconforming residential developments may be authorized which do not exceed four hundred (400) square feet or twenty-five (25) percent of the floor area of the residential structure when it became nonconforming, whichever is less, and are only intended to increase the habitability of the residential unit.

4.

Repairs and maintenance may be made to a legal nonconforming use of buildings or structures as required to keep it in safe condition provided no structural alteration or replacement shall be made except as required by law or ordinance, or for seismic retrofit (as approved by the chief building official or his/her designee) related to soft-story buildings. For purposes of this provision, a "soft-story" building shall be a wood frame building, including a multi-unit residential building, constructed before January 1, 1978, where the ground-floor portion of the structure contains parking or other similar open floor space that causes soft, weak or open-front wall lines.

Seismic retrofit means either structural strengthening or providing the means necessary to modify the seismic response that would otherwise be expected by an existing building during an earthquake, to significantly reduce hazards to life and safety while also providing for the substantial safe ingress and egress of the building occupants immediately after an earthquake.

e.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

f.

If the nonconforming use of a building, structure or premises ceases for a period of six (6) months or more, said use shall be considered abandoned; and said building, structure or premise shall thereafter be used only for uses permitted in the district in which it is located.

g.

Where a structure or building containing a nonconforming use is damaged or destroyed by any natural disaster or accident and repair or replacement exceeds fifty (50) percent of the cost of construction of a comparable new building (as determined by the chief building official), it shall not be reconstructed to accommodate a nonconforming use. It may only be restored and used in conformity with the provision of the district.

h.

All uses nonconforming at the time of adoption of this chapter, by reason of noncompliance with the performance standards stipulated, shall adopt necessary measures and conform within three (3) years of the adoption of this chapter or shall be discontinued.

i.

All uses, nonconforming by reason of noncompliance with the provisions related to private swimming pools, shall be made to conform therewith prior to April 1, 1971.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 21.16, § 2, 12/13/16.)

a.

Any nonconforming commercial, industrial or office building located in an "R" district or in an area designated for residential uses in the Mountain View general plan shall be removed within forty (40) years of the date the building or structure became nonconforming unless a conditional use permit is obtained from the zoning administrator in accordance with the provisions of Sec. 36.48 (Conditional Use Permit), to authorize the continuation of the building or structure.

b.

Any nonconforming residential building, structure or mobile home located in a "C" or "M" district shall be allowed to continue for the structural life of the building, structure or mobile home.

c.

Any expansion of a nonconforming building or structure must comply with the latest applicable property development standards of the district and not increase the degree of nonconformity which exists on the property.

d.

Repairs and maintenance may be made to a legal nonconforming building or structure as required to keep it in safe condition provided no structural alteration or replacement shall be made except as required by law, ordinance or for seismic retrofits (as approved by the chief building official or his/her designee) of softstory buildings. For purposes of this provision, a "soft-story" building shall be a wood frame building, including a multi-unit residential building, constructed before January 1, 1978, where the ground-floor portion of the structure contains parking or other similar open floor space that causes soft, weak or openfront wall lines.

e.

An existing nonconforming building or structure which is damaged by natural disaster or accident and the cost of restoration does not exceed fifty (50) percent of the cost of construction of a comparable new building (as determined by the chief building official) may be restored and used as before, provided that such restoration be completed within one (1) year of such happening. Where damage exceeds fifty (50) percent, such building may only be restored or replaced in accordance with the latest applicable property development standards of the district except as provided in subsection 36.06.80.f.

f.

If a nonconforming residential development located in any residential district is destroyed by any natural disaster or accident by more than fifty (50) percent of the cost of construction of a comparable new building (as determined by the chief building official), the building or structure may be reconstructed within one (1) year of such happening with the same number of units, provided that the reconstructed portions conform to the latest property development standards of the district applicable to the total number of units on the site at the time of reconstruction (e.g., R3 development standards must be complied with of any development having three (3) or more units).

g.

When authorized by the zoning administrator in accordance with the provisions of Sec. 36.48 (Conditional Use Permit), minor alterations to nonconforming residential developments may be authorized which do not exceed four hundred (400) square feet or twenty-five (25) percent of the floor area of the residential structure when it became nonconforming, whichever is less, and are only intended to increase the habitability of the residential unit.

h.

When a development does not meet development standards of the zone, modifications which bring the development more into conformance with the zone may be permitted with development review approval.

i.

If an existing nonconforming structure in the R1 district is expanded such that the expanded structure is more than twice the size of the original structure, the entire structure must comply with the latest applicable property development standards of the district.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 21.16, § 3, 12/13/16.)

A nonconforming remnant parcel or parcels, as defined in Sec. 36.48 (Conditional Use Permit), which is merged with a contiguous developed parcel, may, after merger of these parcels, be developed or redeveloped at a density equal to the legal nonconforming density of the previously developed parcel. Except as specifically exempted herein, such development of the remnant parcel shall comply with all other applicable sections of this chapter. The development shall not result in an overall reduction of existing landscaping, amenities or parking.

(Ord. No. 18.13, § 1, 12/10/13.)

All signs, billboards or commercial advertising structures except window signs which do not conform to the requirements of this chapter may be continued five (5) years from the date it becomes nonconforming, at which time such nonconforming signs shall be modified to conform to the requirements of this chapter or shall be removed.

All signs, billboards or commercial advertising structures in a planned community (P) district which do not conform to the provisions of the precise plan applicable thereto shall be removed or modified to conform to the provisions of such precise plan by the date, if any, specified in such plan or five (5) years from the date such sign, billboard or commercial advertising structure became nonconforming, whichever is later. Any modification of the standards applicable to a sign, either by ordinance change or by imposition or amendment of the sign standards in a precise plan, shall not be construed as extending the amortization period of any sign which was nonconforming prior to such modification.

Any sign, billboard or commercial advertising structure not removed or brought into conformity with the requirements of this chapter, or any applicable precise plan, by the date specified above, is hereby declared to be a public nuisance and may be abated by the city attorney or other appropriate city official.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 4. - GENERAL SETBACKS

SEC. 36.08. - General setbacks and fence provisions. SEC. 36.08.05. - Corner setbacks for buildings.

a.

Uncontrolled intersection. No portion of any building or structure greater than three (3) feet in height located on a corner lot at an uncontrolled intersection may extend within the required setback along either street frontage or within a line with a radius equivalent to the street corner radius tangent to these two (2) setback lines.

b.

Controlled intersection. A building or structure, or any portion thereof, greater than three (3) feet in height located on a corner lot at a controlled intersection must comply with the required setbacks along either street frontage and may not extend beyond the intersection point of the two required setbacks.

(Ord. No. 18.13, § 1, 12/10/13.)