Article 2 — Yards, Height and Area

On through lots 150 feet or less in depth, the height of a building on such lot shall be measured from the sidewalk level of the street on which the building fronts. On through lots of more than 150 feet in depth, the height measurements for the street permitting the greater height shall apply to a depth of not more than 150 feet from the street. (Prior code § 44-105)

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smoke-stacks, wireless masts, church steeples and belfries and similar structures may be erected above the height limits by this chapter prescribed, 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. (Prior code § 44-106)

Except as provided in this chapter, every required yard and open space shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the

purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or open space on any adjoining property shall be considered as providing a yard or open space on a building site whereon a building is to be erected. (Prior code § 44-107)

Wherever in this title a particular use, or a building in connection with a particular use, is specifically required to maintain a distance from any boundary property line or other building on the site greater than the minimum standard required yard or open space set forth for the zone, such greater distance is intended to apply only to the particular building, use or project involved, and the standard required minimum yards and open spaces required for the zone (if any) shall be included as a part of the greater distance or open space for the specified building or use. (Prior code § 44-108)

When the common boundary line separating two contiguous lots is covered by a building or permitted group of buildings, such contiguous lots shall constitute a single building site and the yard spaces required by this chapter shall then not apply to such common boundary line. (Prior code § 44-109)

Where two or more buildings are, by definition of this title, considered main buildings, then the front yard requirements shall apply to the buildings closest to the lot front line. (Prior code § 44-110)

When, in a given block, there are lots so improved as to create nonconforming front yards, then:

• A. The depth of required front yards on unimproved lots may be modified when any of the following circumstances apply:

  1. When the unimproved lot or lots are located between lots having a nonconforming front yard.

  2. When the unimproved lot or lots are located between a lot having a nonconforming front yard and a lot having a conforming front yard.

  3. When the unimproved lot or lots are located between a lot having a nonconforming front yard and a vacant corner lot.

  4. When a vacant corner lot or reverse corner lot adjoins a lot having a nonconforming front yard.

• B. A nonconforming front yard shall be deemed to be an area between the lot front line and the portion of the main building closest to it which area is less in depth than that defined by this title as constituting a required front yard. On a lot having a nonconforming front yard the degree of nonconformity to be credited in making the adjustment shall in no instance exceed 60% of the front yard depth required on the nonconforming lot, such percentage to be measured from the rear line of the required front yard on such lot toward the lot front line.

• C. The rear line of the modified front yard on the unimproved lot or lots as referred to in the foregoing subsection B shall be established in the following manner:

  1. On lots having nonconforming front yards a point shall be established at the intersection of the line determining the depth of the lot with a line coincident with the front of the building causing the nonconforming condition.

  2. On lots having conforming front yards or on a vacant corner lot, a point shall be established at the intersection of the line determining the depth of the lot with the rear line of the required front yard.

  3. A straight line shall be drawn from such point of intersection on the lot with the nonconforming front yard across any intervening unimproved lot or lots to a point established on the next lot in either direction as set forth in paragraphs 1 and 2 of this subsection.

  4. The depth of the modified front yard on any lot traversed by the straight line defined in paragraph 3 above shall be established by the point where such straight line intersects the line constituting the depth of each such intervening lot.

• D. When an unimproved corner lot or reverse corner lot adjoins a lot having a nonconforming front yard, the front yard on the corner lot or reverse corner lot may be the same as that on the adjoining lot; provided, that the placement of the building does not interfere with the required vision clearance at the corner formed by the intersection of the streets.

• (Prior code § 44-111)

• A. The owners of private property zoned commercial or industrial shall:

  1. Properly maintain and provide adequate water to any tree planted on his or her property.

  2. Comply with professionally accepted pruning, trimming or thinning standards for all trees on the property.

  3. Not permit severe trimming, topping, heading back, stubbing, or pollarding of any tree on the property.

• B. Work being undertaken to trees on commercial or industrial property may be stopped immediately by oral or written order of the Director of Public Works if it is in violation of the regulations of this section.

• C. For purposes of this section, the following terms shall have the meanings set forth below:

  1. Maintain. Root pruning, trimming, spraying, watering, fertilizing mulching, treating for disease or injury, or any other similar act which promotes the growth, health, beauty and life of any tree.

  2. Severe Trimming, Topping, Heading Back, Stubbing and Pollarding. Type of pruning, trimming, or thinning not using professionally accepted standards which substantially

reduces the overall size, symmetrical appearance or natural shape of the tree, or which results in the removal of the main lateral branches leaving the trunk of the tree in a stub appearance.

3. Professionally Accepted Standards. Tree pruning, trimming or thinning standards established by the International Society of Arborculture (ISA), National Arborists Association (NAA), American National Standards Institute (ANSI), or other professional arborists association, to control the height and spread of a tree, lessen the wind resistance, preserve its health and natural appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within the branches, or make adjustments which increase the longevity of a tree in an urban environment.

(Prior code § 44-112)

Front yard requirements shall be measured from the lot front line, such line being coterminous with the ultimate street or highway line of the fully or partially widened street or highway. Where property abuts upon a private street, the depth of the required front yard shall be measured from the indicated edge of the private street.

(Prior code § 44-113)

• A. All corner lots and reverse corner lots subject to yard requirements shall maintain for safety vision purposes a triangular area one angle of which shall be formed by the lot front line and the side line separating the lot from the street, and the sides of such triangle forming the corner angle shall each be 15 feet in length measured from the aforementioned angle. The third side of such triangle shall be a straight line connecting the last two mentioned points which are distant 15 feet from the intersection of the lot front and side lines, and within the area comprising such triangle no tree shall be allowed nor any fence, shrub or other physical obstruction higher than 42 inches above the established grade shall be permitted.

• B. The same requirement shall apply to all lots in all "C" and "M" zones, which lots are located at the intersection of major or secondary thoroughfares; except, that if the building on any such lot is to be two or more stories in height a bearing column may be located in the angle formed by the intersection of the two streets; provided, further, that the width of such bearing column in any direction shall not exceed 24 inches.

• (Prior code § 44-114)

The following intrusions may project in any required yards:

• A. Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part, one foot.

• B. Uncovered porches and platforms which do not extend above the floor level of the first floor, 18 inches; provided, that they may extend six feet into the front yard.

• C. Planting boxes or masonry planters not exceeding 24 inches in height measured from the ground level may extend into any required front yard. Such height limitation does not apply to plants contained in planter boxes.

D. Eaves may intrude into a required yard 18 inches. (Prior code § 44-115)

In any zone, a swimming pool may not be located in any front yard, nor closer than five feet to any exterior property line or to any building on the same premises. (Prior code § 44-116)

The installation of satellite dish receivers shall be subject to Development Review Board approval. Development review submittal must include a complete scaled, dimensioned site plan, elevation of the antenna and supporting structures, manufacturer's specifications, and photographs of the site and location of installation. Such receivers shall be regulated in the manner set forth below:

• A. General Requirements.

  1. Receivers shall not be located between the street and the main structure on the lot.

  2. Receivers shall not be located in any required front or side setback.

  3. Receivers shall be a color offering minimum contrast with its surroundings, and no form of advertising or identification shall be permitted on the dish or supporting structure other than a manufacturer's identification tag.

  4. Receivers and architectural screening shall, to the maximum extent possible, be compatible with the building on which the antenna is mounted.

  5. Receivers shall be screened from view from the public right-of-way, and from surrounding properties to the satisfaction and discretion of the Development Review Board by decorative fencing, walls, landscaping or other suitable material in a manner aesthetically harmonious with the architecture and landscaping of the area, without impairing the reception of the receiver.

  6. Receivers require a building permit issued by the Division of Building and Safety.

• B. Residential Zones.

  1. Ground-mounted satellite dish receivers are permitted in residential zones provided they can be screened from view from the public right-of-way.

  2. Roof-mounted satellite dish receivers are permitted in residential zones provided that roofmounted dishes are on the rear of the structure and shall not project above the peak of the roof unless screened by architecture or landscape so as not to be visible from the public right-of-way.

  3. Each parcel shall contain only one satellite dish receiver.

• C. Commercial and Industrial Zones.

  1. Ground-mounted satellite dish receivers are permitted in commercial and industrial zones provided such receivers are obscured from view from the public right-of-way to the satisfaction and discretion of the Development Review Board.

  2. Roof-mounted satellite dish receivers are permitted in commercial and industrial zones provided such receivers are not visible from either the public right-of-way or areas zoned for

residential use to the satisfaction and discretion of the Development Review Board. (Prior code § 44-116.1)

Installation of telecommunications facilities shall be subject to review based on the potential for impact on adjacent properties and the overall community, as determined by the type of antenna proposed, as follows:

• A. Stealth/Façade-Mounted Antennae.

  1. Subject to approval of an administrative action, as provided in Section 17.60.030(A)(3).

  2. Antennae shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials.

• B. Roof/Parapet-Mounted Antennae.

  1. Subject to approval of the Development Review Board, as provided in Section 17.60.040 .

  2. Antennae shall be concealed, screened, or obscured by virtue of design compatible with or integrated into existing buildings in terms of design, color and materials.

• C. Support Structure or Tower Antennae.

  1. Subject to approval of an unclassified use permit, as provided in Section 17.40.010 of this title.

  2. Antennae shall be located and designed to minimize aesthetic impact from adjacent properties and public rights-of-way and screened or obscured to the maximum extent feasible.

• D. General Requirements.

  1. Conform to all underlying zone standards.

  2. Antennae height and mass shall be the minimum required for the activity.

  3. Antennae shall to the maximum extent feasible be compatible with site and surroundings in terms of design, color, and materials.

  4. Accessory equipment buildings shall be architecturally compatible and consistent with surrounding buildings.

  5. Facilities shall not be located in required parking, circulation, or open space areas.

  6. Fencing shall be wrought iron, decorative block or other decorative materials, as approved.

  7. Photo documentation of the proposal is required in order to establish architectural integration, obscuring or screening and otherwise allow evaluation of aesthetic impact.

  8. Antennae facilities shall comply with any additional measures deemed necessary to mitigate visual impact.

  9. Antennae facilities require building permits issued by the Division of Building and Safety.

Antennae shall be regulated in the manner as set forth above, except that no antennae shall be permitted in residential zones.

(Prior code § 44-116.2)

In any "R" zone a wall, fence or hedge is permitted under the following conditions:

• A. A wall, fence or hedge not exceeding 42 inches in height may be located or maintained in any required front yard.

• B. A fence, wall or hedge not exceeding eight feet in height, may be located anywhere on any lot to the rear of the rear line of the required front yard except:

  1. Where lots rear upon an alley, any such wall, fence or hedge along the lot rear line shall contain a gate affording access to the alley.

  2. On corner lots and reverse corner lots, if a vehicular entrance is provided from the side street side, an area for safety vision clearance shall be maintained on each side of the driveway. Such area for vision clearance shall be defined by a diagonal line beginning at the intersection of the edges of the driveway and the inside line of the required side yard and extending away from the driveway at an angle of 30 degrees to the edge of the driveway toward the side street property line of the lot.

• C. Where a retaining wall protecting a cut below the natural grade is located on the line separating lots or parcels, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed as measured from the ground on the high side of the property line.

• D. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge; provided, that in any event a protective fence or wall not more than 42 inches in height may be erected at the top of the retaining wall, and any portion of such fence above the six-foot maximum height shall be an open work fence. An "open work fence" means a fence in which the component solid portions are evenly distributed and constitute not more than 50% of the total surface area of the face of the fence.

• E. No barbed wire, concertina wire, razor wire, cut glass or other sharp points shall be used as a fence or part of a fence, wall or hedge along any property line or within any required side, rear or front yard.

(Prior code § 44-117)

Hedges not more than 42 inches in height, and shrubs, flowers, plants, trees, mailboxes and ornamental lighting standards are permitted in any required yard except as set forth in Section 17.44.290 .

(Prior code § 44-118)

• A. Where Multiple or Row Dwellings Front Upon a Side Yard. The minimum width of the side yard upon which multiple or row dwellings front shall not be less than 10 feet. Open, unenclosed porches not extending above the floor level of the first floor may project into the side yard upon which such dwellings front a distance of not more than two feet.

• B. Where Multiple or Row Dwellings Rear Upon a Side Yard. Where multiple or row dwellings are arranged so that the rear of such dwellings abut upon a side yard, and such dwellings have openings onto such side yard used as secondary means of access to such dwellings, the required side yard to the rear of such dwellings shall be increased one foot for each dwelling unit opening onto such side yard.

(Prior code §§ 44-119, 44-120)

Wherever in this title increased yard dimensions are required in connection with multiple residential developments a plot plan of the premises showing location of all buildings, and the required dimensions of yards and open spaces for the entire development on the premises shall be filed with the Building Department at the time of applying for the building permit for the first building to be erected after the effective date of the ordinance from which this title derives, and thereafter any building permit issued shall conform to the plot plan. (Prior code § 44-121)

Through lots may be improved as two separate lots, with the dividing line midway between the street frontages, and each resulting one-half shall be subject to the controls applying to the street upon which such one-half faces. If each resulting one-half be below the minimum lot area as determined by this chapter, then no division may be made. If the whole of any through lot is improved as one building site, the main building shall conform to the classification of the frontage occupied by such main building, and no accessory building shall be located closer to either street than the distance constituting the required front yard on such street. (Prior code § 44-122)

Except as provided in Section 17.44.110 , no lot area shall be so reduced or diminished that the lot area, lot width, yard or other open spaces shall be less than prescribed by this title for the zone in which the lot is located, nor shall the density of population be increased in any manner except in conformity with the regulations established by this title. (Prior code § 44-123)

Greater lot areas than those prescribed in the various classifications provided for by this title may be required when such greater areas are established by the adoption of a site plan in the manner prescribed by law designating the location and size of such greater required areas. (Prior code § 44-124)

When a lot has less than the minimum required area or width as set forth in any of the classifications contained in this title, and such lot was of record on the effective date of the ordinance from which this title derives, such a lot shall be deemed to have complied with the minimum required lot area or

width as set forth in this title for the zone in which the property is located. The yards, open spaces and lot area per dwelling unit, however, shall remain as specified in the zone in which the property is located. In no instance shall this provision prevent the erection of a single-family dwelling on any substandard lot.

(Prior code § 44-125)

When a lot contains substantially two or more times the minimum lot area required for the zone in which it is located, and the owner desires to use each unit of area equivalent to the minimum lot area as a separate building site; provided, that not more than two such units result, and no dedication of streets, highways, alleys or other public ways, public easements or public utility easements are involved, such area units may be so utilized by resorting to the lot split procedures as prescribed in the subdivision regulations set forth in Title 16. When such units are thus defined, then all of the provisions of this title governing the use of a lot in the zone in which such property is located shall apply thereto. Each resulting unit shall have frontage upon a dedicated public thoroughfare or be provided with a permanent easement of record which shall afford legal access to a publicly dedicated street or highway and which easement shall be approved as to adequacy by the Planning Commission and the City Council.

(Prior code § 44-126)

If a lot or parcel of land has not less than the required area and after the creation of such lot or parcel of land a part thereof is acquired for public use in any manner including dedication, condemnation or purchase and after such acquisition the remainder of such lot or parcel of land has not been less than 80% of the area, such remainder shall be considered as having the required area. In addition to any other definition of required area, for the purpose of this section the required area of a lot or parcel shall also be deemed to be the legal nonconforming area of such lot or parcel. (Prior code § 44-127)