Chapter 19.40

GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS

Sections:

• 19.40.010 Purpose and applicability. 19.40.020 Creekside development.

The Sonoma Municipal Code is current through Ordinance 13-2025, passed December 3, 2025.

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• 19.40.030 Exterior lighting.

• 19.40.040 Structure height measurement and height limit exceptions.

• 19.40.050 Hillside development.

• 19.40.060 Landscape standards.

• 19.40.070 Open space for multifamily residential projects.

• 19.40.080 Open space for commercial and mixed use projects.

• 19.40.090 Performance standards.

• 19.40.100 Screening and buffering.

• 19.40.110 Setback regulations and exceptions.

• 19.40.120 Undergrounding of utilities.

• 19.40.130 Protection of scenic vistas.

A. Purpose. The provisions of this chapter are intended to ensure that new or modified uses and development produce an environment of stable and desirable character which is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.

• B. Applicability.

1. All Zoning Districts. The standards of this chapter apply to all zoning districts (e.g., residential, commercial, mixed use, etc.), and therefore, are combined in this chapter.

2. Considered In Combination. These standards shall be considered in combination with the standards for each zoning district in Division II, Community Design, and for each subarea in Division III, Project Design.

3. In Case of Conflict. Where there may be a conflict, the standards specific to the zoning district shall override these general standards.

4. Compliance. All new or modified structures and uses shall comply with the standards of this chapter as determined applicable by the city planner, except as specified in Chapter 19.82 SMC, Nonconforming Structures, Uses and Parcels. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

A. Purpose. Creek corridor habitats support plants and animals; recharge aquifers; and filter pollutants. Creek corridors are valuable as open space areas, and are of recreational and scenic interest. For these reasons, and in compliance with state and national regulations governing residential and urban impacts on our streams (primary, secondary, tertiary, and any sites with hydrological nexus with waters of the U.S.), wetland, and waters of the United States, it is the intent of the city to provide adequate buffer areas between creek corridors and adjacent

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development in compliance with state and federal regulations in order to protect this valuable community resource as a natural, scenic, and recreational amenity.

• B. Applicability. The provisions of this section apply to any property adjoining or including any creeks including: Sonoma Creek, Nathanson Creek, and Fryer Creek.

C. Streambed Analysis. At the time of permit application, applicants with parcels adjoining any of the above specified creeks shall provide a site-specific streambed analysis prepared by a hydrologist, civil engineer, or other qualified professional to determine the precise boundary/top of bank of the creek. The streambed analysis shall normally include:

1. Detailed mapping of at least 1:100 scale showing topography, drainage features, and the creek feature(s);

2. Identification of drainage features present on site, including the direction and flow of overland flows (i.e., stormwater), material run-off from the site, immediately adjacent to the site, or otherwise relevant to the scope of the permit application;

3. The need for mitigation measures (e.g., rip-rap, energy dissipation structures or flow stabilizing devices) to keep flow velocities at predevelopment levels;

4. Other information that the city planner or reviewing staff determines is necessary to properly analyze and mitigate potential impacts of the proposed development on the creek; and

5. Presence and species of all trees along the creek corridor within the parcel, and their diameter at breast height (DBH) and including trees outside of creek setback when the canopy cover over contributes to creek habitats, as well as shrubs and herbaceous species of concern.

D. Creekside Development Standards. The following standards shall be implemented by the applicable review authority in the review of any planning permit or building permit involving development or other activity within the creek setback, as set forth below:

1. A minimum 30-foot-wide setback from the top of bank shall be required for all creeks (primary, secondary, tertiary) and wetland features, except along Sonoma Creek, where a 50-foot setback shall be required. Additional setback area may be necessary to protect sensitive environmental resources (e.g., vernal pools, seasonal and ephemeral wetlands, springs, presence of listed species, use of habitat by listed species, or due to impact or drainage impacting neighboring properties). Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space.

2. No structure, fence, parking access, parking space(s), paved areas, or swimming pool shall be constructed within a creek or creekside setback area, alteration or clearing of creekside vegetation unless a variance is obtained in compliance with SMC 19.54.060, Variances.

3. No grading or filling, planting of exotic/nonnative or nonriparian plant species, or removal of native vegetation shall occur within a creek or creekside, wetland, or other setback area.

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4. Where drainage improvements are required within the setback area and permitted or approved by the regulating state or federal agency, they shall be placed in the least visible locations and naturalized through the use of river rock, earthtone concrete, and landscaping with native plant materials.

5. Within creek setback areas, only permeable surfaces (e.g., wood decks, sand-joined bricks, and stone walkways) shall be utilized to minimize off-site flows and to facilitate the absorption of water into the ground.

6. Dedications, where consistent with the circulation element of the city’s General Plan and the Bicycle Plan, shall be required by the planning commission for all land use activities requiring a discretionary permit (e.g., use permits, planned development permits, etc.).

7. Public access and visibility to creeks, and the separation of residences and other uses from creeks shall be provided through the use of single-loaded frontage roads in combination with multi-use trails.

8. Development shall be oriented to creeks for access and visibility. Developments that backup to creeks are prohibited unless the creek features are a discrete portion of the stormwater system infrastructure (i.e., an open ditch with natural features and habitat benefits of a natural stream).

9. The provision of multi-purpose creekside trails and public open space is required outside of the riparian habitat area. Open space areas shall include planting for riparian enhancement with native shrubs and trees, paths and trails, lighting, benches, play and exercise equipment, and trash receptacles.

10. Creekside trails shall link to other trail and open space systems that are existing or planned in the surrounding area as shown in the circulation element of the General Plan.

11. Fences. Fencing shall not be located in the creek corridor. Fencing shall be parallel to the creek corridor, shall not bisect a creek and shall be located outside required setbacks. Fencing footings and fence structures may not encroach into creek setbacks.

12. All required regulatory agency permits (Army Corps of Engineers, California Department of Fish and Wildlife, and Regional Water Quality Control Board) shall be obtained and required as a condition of approval as applicable.

13. Land use changes within the setback area that cause an increase in impervious surfaces or sedimentation may result in channel erosion, scour, or undercutting of the creek bank or bed. This may require measures to stabilize the creek’s bank.

a. Creek rehabilitation is the preferred method of stabilization. The objective is to maintain the natural character of the creek and riparian area. The process may include enlarging the channel at points of obstruction, clearing obstructions at points of constriction, limitation of use in areas of excessive erosion, and restoration of riparian vegetation. Low impact practices including stabilization with jute netting and willow staking, and planting of native species endemic to our creeks are encouraged.

b. Concrete channels, retention walls of any kind, and other mechanical measures of stabilization shall not be used unless no other alternative exists as determined by the regulating agencies, and is permitted by state and federal regulators, as relevant to the natural resource impacted/to be impacted.

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  - c. If a creek bank stabilization other than rehabilitation or vegetative method is required, hand-placed stone or rock rip-rap with native plantings are the preferred methods. 

• E. Modifications to Creekside Development Standards. The planning commission may modify the creekside development standards outlined in subsection (D) of this section in compliance with SMC 19.54.060, Variances.

• F. Findings and Decision. In addition to those findings identified in SMC 19.54.060(E), the following findings must be made to approve a variance for the modification of creekside development standards:

  1. The creek bank in the vicinity of the modification has been demonstrated as being historically stable; and

  2. Riparian resources will not be diminished by the modification; and

  3. The regulating agency approves or waives the variance through an approved and legal permit process. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

The following standards shall apply to both discretionary and ministerial projects:

• A. Exterior Fixtures. Lighting fixtures shall be energy efficient. Pole-mounted fixtures shall be low in height (up to 15 feet) and shall be equipped with light shields to eliminate light spillage beyond the project’s boundaries.

• B. Intensity. The electrical or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this section.

Parking lot: The level of parking lot light projected onto any ground or wall surface shall not be less than two footcandles nor more than five footcandles at the base of the light fixture.

Pedestrian courts, plazas, and walkways: Pedestrian courts, plazas, and walkways shall have a maximum light level at the ground surface of one footcandle.

Building-mounted lights: Building-mounted lights shall not exceed five footcandles measured five feet from the light source.

Light schedules, programs and timers: Lights shall have timers that reduce or turn off the light fixture or fixtures when businesses are closed, residents are not commonly active, and when nocturnal animals and insects are commonly active, between the hours of 10:00 p.m. to 6:00 a.m. every day.

C. Security Lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/ exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance.

D. Shielding. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from

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any point five feet or more beyond the property line. This requirement shall not apply to single-family residential uses, traffic safety lighting, or public street lighting.

• E. Height. Light standards shall not exceed 15 feet in height.

• F. Recreational Court Lighting. The following standards shall apply to the lighting of outdoor recreational courts:

  1. Type. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material;

  2. Location. Light fixtures shall not be located closer than 10 feet to the nearest property line;

  3. Height. The maximum height of the light fixtures shall be 15 feet measured from the court surface;

  4. Number. Not more than one light fixture for each 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures for each recreational court;

  5. Supports. Light fixtures shall be supported by an arm extending at least four feet from a support pole;

6. Design. Light fixtures shall be designed, constructed, mounted, and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property lines of the subject parcel. The incident light level at a property line shall not exceed one footcandle measured from finished grade to a height of 12 feet. The incident light level upon any habitable structure on an adjoining property shall not exceed 0.05 footcandle;

   7. Hours of Operation. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays;

   8. Coating of Surface. In the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark-colored coating; and

   9. Waiver of Provisions. Provisions of this subsection may be waived or modified by the planning commission through the approval of an exception in compliance with SMC 19.54.050. (Ord. 15-2022 § 1(A), 2022; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Chapter 19.46 SMC, Fences, Hedges and Walls:

A. Maximum Height. The height of structures shall not exceed the standards established by Division III of this title, Project Design. The maximum height shall be measured as the vertical distance from the finished grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 4-1. Structures in hillside areas shall comply with the height regulations identified in SMC 19.40.050, Hillside development.

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• B. Exceptions to Height Limits. Exceptions to the height limits for structures shall apply in the following manner:

  1. Third-Floor Residential Units. Within the commercial, gateway commercial, and mixed use zoning districts, a maximum height of 36 feet may be allowed in order to accommodate a third floor of multifamily residential development. The allowance of this additional height shall be subject to an exception, in compliance with SMC 19.54.050.

2. Elevator Penthouses and Other Roof-Mounted Structures. Roof-mounted structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment shall be allowed, up to a maximum of five feet above the allowed structure height. The total square footage of all structures above the allowed height shall not exceed 25 percent of the total roof area of the main structure.

3. Chimneys, Spires, Antennas, Etc. Chimneys, flag poles, antennas and similar structures shall be allowed, up to a maximum of eight feet above the allowed structure height.

4. Additional Height. Additional height or roof area may be allowed subject to the approval of an exception in compliance with SMC 19.54.050. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

A. Purpose. This section establishes standards to preserve and protect views to and from the hillside areas within the city, to preserve significant topographical features and habitats, and to maintain the identity, character, and environmental quality of the city.

• B. Applicability.

  1. Hillside Areas and Hillside Zoning District. The standards and guidelines contained in this section apply to all uses and structures within areas that have a slope of 10 percent or greater, or areas with slopes that exceed 15 percent over 25 percent or more of the site and to all development within the hillside zoning district.

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2. Basis for Slope Determinations. For the purpose of this section, slope shall be computed on the natural slope of the land before grading, as determined from a topographic map having a scale of not less than one inch equals 100 feet and a contour interval of not more than five feet.

3. Use Permit Required. New development within a hillside area shall be subject to the approval of a use permit in compliance with SMC 19.54.040.

C. Additional Application Requirements. In addition to the standard application submittal requirements, the city council or planning commission may, by resolution, establish additional informational requirements for applications involving hillside development.

• D. Development Standards.

  1. Structure Height. The height of structures in a hillside area shall not exceed the maximum established by the applicable zoning district. Measurement of structure height shall be as provided in SMC 19.40.040, Structure height measurement and height limit exceptions.

  2. Grading and Drainage.

     • a. Grading shall be designed to:

       • i. Conserve natural topographic features and appearances by minimizing the amount of cut and fill and by means of land form grading to blend graded slopes and benches with the natural topography; and

       • ii. Retain major natural topographic features (i.e., canyons, knolls, ridgelines, depressions, drainages, and prominent landmarks).

     • b. All graded areas shall be protected from wind and water erosion. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the city engineer.

c. Slopes created by grading shall not exceed a ratio of 2:1, unless a soils report and stabilization study indicates a greater permissible slope and shall not exceed 30 feet in height between terraces or benches.

3. Street Layout. To the extent feasible based on property conditions, streets shall follow the natural contours of the terrain in order to minimize the need for grading. Cul-de-sacs and loop roads are encouraged to fit the natural topography subject to the approval of the city engineer and fire department.

E. Design Standards. Within the hillside area and the hillside zoning district, the following design standards shall be implemented:

1. Terrain Alteration. The project shall be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns that form visually protruding or steeply cut slopes for roads or lots shall be avoided.

2. Lot Pad Grading. Lot pad grading shall not exceed 5,000 square feet in total area per parcel, including access road or driveways.

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3. Site and Structure Design. Site design shall utilize varying structure heights and setbacks, split-level foundations, and retaining walls to terrace structures with the direction of the slope.

4. Lot Line Locations. Lot lines shall be placed at the top of slope areas to help ensure that the slope will not be neglected by the uphill owner.

5. Design and Location of Structures.

a. The form, mass, and profile of the individual buildings and architectural features shall be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Techniques that shall be utilized include:

• i. Split pads, stepped footings, and grade separations to permit structure to step up the natural slope;

• ii. Detaching parts of a dwelling (e.g., garage); and

iii. Avoiding the use of gable ends on downhill elevations. The slope of the roof shall be oriented in the same direction as the natural slope.

• b. Excavate underground or utilize below grade rooms to reduce the visual bulk of a structure.

• c. Use roofs on lower levels as open space decks for upper levels.

• d. Exterior structural supports and undersides of floors and decks not enclosed by walls are not permitted.

e. Building materials and color schemes shall blend with the natural landscape of earth tones and natural vegetative growth.

6. Retaining Walls. Retaining walls that result in large uniform planes shall be avoided. Retaining walls shall be divided into elements and terraces with landscaping to screen them from view. No retaining wall shall be higher than five feet. When a series of retaining walls is required, each individual retaining wall shall be separated from adjacent walls by a minimum of five feet, surfaces will be planted, and drainage solutions will prevent water from cascading over the retaining walls and scouring sediments or plant materials from adjacent or lower elevation topographical features.

7. Slope Restoration. Transitional slopes shall be replanted with drought-tolerant trees, shrubs, and ground cover that are compatible with existing surrounding vegetation in order to enhance the blending of constructed and natural slopes.

8. Reduced Public Street Widths. On-street parking lanes may be omitted from public streets when the result is a substantial decrease in cutting and/or filling. Where no on-street parking is provided, off-street parking areas shall be provided to yield a ratio of two additional spaces per dwelling unit. Streets may be reduced to 24 feet in width with no on-street parking, or 32 feet in width with on-street parking on one side.

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9. Preservation of Ridgelines. Ridgelines shall be preserved. Structures shall not be located closer to a ridgeline than 100 feet measured horizontally on a topographic map or 50 feet measured vertically on a cross section, whichever is more restrictive. In no case shall the roofline or any other portion of a structure extend above the line of sight between a ridgeline and any public right-of-way, whether the ridgeline is above or below the right-of-way.

• F. Evaluation of Applications. The planning commission shall evaluate a use permit application for hillside development based on the following objectives, in addition to the findings for use permits required through SMC 19.54.040:

  1. The preservation of natural topographic features and appearances by maintaining the natural topography to the greatest extent possible;

2. The protection of natural topographic features and appearances through limitations on successive padding and terracing of building sites and the preservation of significant ridgelines, steep slopes, natural rock outcroppings, drainage courses, prominent trees and woodlands, vernal pools, and other areas of special natural terrain;

3. The utilization of varying setbacks, building heights, foundation designs, and compatible building forms, materials, and colors that help blend buildings into the terrain;

4. The utilization of clustered sites and buildings on more gently sloping terrain to reduce grading alterations on steeper slopes;

5. The utilization of building designs, locations, and arrangements that protect views to and from the hillside area;

6. The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and

7. The utilization of street designs and improvements that minimize grading alterations and harmonize with the natural contours of the hillsides. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

A. Purpose. The provisions of this section are intended to enhance the aesthetic appearance of the city by providing standards related to the quality and functional aspects of landscaping and to increase the compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers.

B. Applicability. All projects that require planning permit or subdivision approval by the city shall provide and maintain landscaping in compliance with the provisions of this chapter, as applicable to the specific features of the project.

• C. Areas Required to Be Landscaped. Landscaping shall be provided in the following locations:

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1. Setbacks. All setback and open space areas required by this development code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the review authority that landscaping is not necessary to fulfill the purposes of this chapter.

2. Unused Areas. All areas of a project site not intended for a specific use (including pad sites in shopping centers held for future development) or designated as natural open space shall be landscaped unless it is determined by the review authority that landscaping is not necessary to fulfill the purposes of this chapter.

3. Parking Areas. Parking areas shall be landscaped in compliance with SMC 19.48.090, Landscaping of parking facilities.

• D. Landscape Standards. Landscaping shall be designed and installed as follows:

  1. General Design Standards. The following features shall be incorporated into the design of landscaped areas:

a. Landscaping shall be designed for water efficiency, in conformance with the requirements of the low-water use landscaping ordinance in Chapter 14.32 SMC, Water-Efficient Landscaping.

b. Landscaping shall be planned as an integral part of the overall project design and not simply located in left over space after parking areas and structures have been planned.

• c. Landscaped areas shall be provided with an automatic irrigation system.

d. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas.

e. Landscape planting shall be provided within adjacent public street rights-of-way, in compliance with Chapter 19.12 SMC, Streetscape.

• f. Landscaping shall follow regional guidelines for native species plant palettes.

g. Sites where stormwater may be slowed, spread, and infiltrated into the groundwater shall employ BASMAA stormwater standards of irrigation, soil engineering (as necessary), and associated plant palettes to choose from.

h. Landscaping shall be fire-wise. Multiple resources are available for fire-wise landscaping which includes the principals of location on parcel, species and plant habit, and required maintenance or relative upkeep associated with landscaping choices.

Residential: Landscaping may include drought tolerant lawn, ground cover, trees, shrubs, and other live plant materials. Landscaping may also include small amounts of accessory decorative outdoor landscape elements (e.g., ponds, fountains, sculpture, drainage and stormwater outflows and paved or decorated surfaces) excluding driveways, parking, and storage areas.

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Commercial: Landscaping shall be drought tolerant consistent with the city’s low-water use landscaping ordinance. Lawn is prohibited unless part of a play area.

2. Plant Materials. Plant materials shall be selected and installed to comply with the following requirements:

a. A mix of plant materials and sizes shall be provided consistent with the city’s low-water use landscaping ordinance. Variety is encouraged in order to provide visual interest as well as reduce the chance of landscape failure due to disease infestation. Trees shall not be smaller than 15-gallon container stock and shrubs shall not be smaller than five-gallon container stock;

b. Trees and shrubs shall be planted so that at maturity they do not interfere with utilities and traffic safety sight areas;

• c. Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners. Street tree varieties shall be consistent with the city’s adopted street tree list;

• d. Repealed by Ord. 15-2022.

• e. Tree varieties planted within street rights-of-way or within six feet of public sidewalks and curbs shall be consistent with the city’s street tree list and shall comply with street tree planting standards;

f. Ground cover shall be live plant material (exceptions include rocks placed around trees to prevent overwatering). Limited quantities (10 percent maximum) of gravel, bark, or similar materials may be used in combination with living ground cover;

• g. Turf areas shall be designed to minimize water runoff onto hardscape.

• E. Landscape Plan Requirements.

1. Preliminary Landscape Plan. A preliminary landscape plan shall be submitted in conjunction with or following the approval of an application for a land use entitlement (e.g., use permit, tentative map, planned unit development), for new development, or the significant expansion or redevelopment of an existing use subject to review by the review authority.

2. Content. Preliminary landscape plans and final landscape plans shall contain information as specified in the instructions for preparing landscape plans, provided by the department. Properties where more than 2,500 square feet of impervious surface are being developed or replaced must meet the BASMAA low impact development (LID) stormwater standards to treat flows unable to be infiltrated on site, which must meet the performance standard requirement to function as designed. Sites meeting or exceeding 2,500 square feet of impervious surface and are doubling the impervious surfaces extant on the parcel must treat 100 percent of all stormwater generated on site.

3. Review and Approval. After initial application review in compliance with SMC 19.52.060, Initial application review, the review authority shall review each preliminary landscape plan to verify its compliance with the provisions of this section. The review authority may approve the submittal in compliance with this section, or

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may disapprove or require changes to a submittal that is not in compliance. WELO calculations are not required for the preliminary landscape plan.

4. Final Landscape Plan. Following approval of the land use entitlement, a final landscape plan shall be submitted as part of the application for a building permit. Final plans shall be approved by the city planner prior to the start of on-site construction or soil disturbance and prior to the issuance of a building permit. Projects requiring commission approval due to their size or use shall require plans be prepared by a licensed landscape architect or licensed contractor. Evidence shall also be provided that a licensed landscape contractor will be responsible for plant and irrigation installation. WELO documentation shall be submitted with the final landscape plan.

5. Landscaping installation must comply with construction standards relating to sediment and erosion control, and stormwater compliance.

F. Maintenance Required. Landscape areas shall be maintained to ensure survival and growth of the tree, bush, or ground cover in compliance with the approved landscape plan. Irrigation systems and their components shall be maintained in a fully functional manner. Regular maintenance shall include, but not be limited to, checking, adjusting, and repairing irrigation equipment; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

This section provides requirements and incentives for the provision of private and common open spaces and related amenities for newly developed or redeveloped multifamily residential uses throughout the city. The intent of this section is to ensure that multifamily residential developments in the city are provided with high-quality private and common open space integral to the design of the development.

A. Open Space Required. All multifamily residential projects except duplexes shall provide permanently maintained outdoor open space for each dwelling unit (private open space) and for all residents (common open space). Unless different standards are applied through specific planning area regulations as set forth in Division of this title, Project Design, usable outdoor open space, not including required front or street-side yards, shall be provided as set forth in Table 4-1:

Table 4-1. Minimum Open Space Requirements for Multifamily Development

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Table 4-1. Minimum Open Space Requirements for Multifamily Development

Project proponents are encouraged to provide open space areas that exceed the minimum amount required. The city may offer incentives in compliance with subsection (E) of this section.

• B. Configuration of Open Space. To ensure that required open space is well-designed, usable, and accessible, the review authority shall employ the following standards and guidelines in evaluating proposed open space:

  1. Required open space shall be located on site.

  2. Open space shall be provided as continuous, usable site elements that reinforce or enhance other aspects of the site plan, such as pedestrian networks, view corridors, and environmental features.

  3. Common open space areas shall be oriented to pedestrian circulation and shall incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises, and landscaping. Fountains, works of art, and similar features are also encouraged.

  4. Open space areas shall be easily accessible. Common open space areas shall be readily accessible from the majority of units in the development. Private open space shall be immediately accessible from a kitchen, dining room, family room or master bedroom within the unit it serves.

  5. All open space areas shall be of sufficient size to be usable by residents:

     • a. Private open space areas for two or more bedrooms shall have a minimum dimension of seven feet and a configuration that would accommodate a rectangle of at least 100 square feet;

• b. Common open space areas shall have a minimum dimension of 15 feet.

  6. The orientation of private and common open space shall take advantage of natural sunlight and shall be sheltered from the noise and traffic of adjacent street or incompatible uses.

  7. Open space shall provide natural and beautification benefits and reduce the heat-island effect by

providing natural or constructed shade through trellising, planting of trees, and shade structures.

C. Allowed Uses. Required common open space shall be available for passive and active outdoor recreational uses for the enjoyment of all residents of the multifamily development. These spaces shall not include driveways, public or private streets, utility easements where the ground surface cannot be appropriately used for open space, parking spaces, or other areas primarily intended for other functions.

D. Maintenance. Required common open space shall be controlled and permanently maintained by the owner of the property or by project homeowners through a homeowners’ association or maintenance agreement.

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E. Commercial Open Space Incentives. Commercial development incentives to encourage pedestrian-oriented open spaces that exceed the above requirements may be granted at the discretion of the planning commission. The types of incentives that may be available to eligible projects include:

1. Reduced parking requirements (for pedestrian-oriented open space and amenities of an especially high quality);

2. Increased lot coverage;

3. Reduced front and street-side setbacks. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

This section provides requirements for the provision of open spaces and related amenities for newly developed or redeveloped commercial uses, including mixed use and live-work development, throughout the city. The intent is to make commercial and mixed use environments more livable, pedestrian-oriented, and humane through the provision of public and private open spaces, including plazas, courtyards, and outdoor dining and seating areas.

A. Open Space Required. All commercial and mixed use projects shall provide permanently maintained outdoor open space, except as provided for in subsection (F) of this section, Exemptions. Unless different standards are applied through planning area regulations found in Division III of this title, Project Design, usable outdoor open space shall be provided as set forth in Table 4-2:

Table 4-2. Minimum Open Space Requirements for Commercial and Mixed Use

Development

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Table 4-2. Minimum Open Space Requirements for Commercial and Mixed Use

Development

Notes:

1. See SMC 19.50.050 for specific regulations pertaining to live/work development.

Project proponents are encouraged to provide open space areas that exceed the minimum amount required. The city may offer incentives in compliance with subsection (E) of this section.

• B. Configuration of Open Space. To ensure that required open space is well-designed, usable, and accessible, the review authority shall employ the following standards and guidelines in evaluating proposed open space:

  1. Required open space shall be located on site.

  2. Open space shall be provided as continuous, usable site elements that reinforce or enhance other aspects of the site plan, such as pedestrian networks, view corridors, and environmental features.

  3. Common open space areas shall be oriented to pedestrian circulation and shall incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises, and landscaping. Fountains, works of art, and similar features are also encouraged.

4. Private open space for residential and live-work units shall be immediately accessible from a kitchen, dining room, family room or master bedroom within the unit it serves.

5. Open space areas intended for residents shall be of sufficient size to be usable by residents:

• a. Private open space areas shall have a minimum dimension of seven feet and a configuration that would accommodate a rectangle of at least 100 square feet;

  • b. Common open space areas shall have a minimum dimension of 15 feet.

6. The orientation of private and common open space shall take advantage of natural sunlight and shall be sheltered from incompatible uses.

C. Allowed Uses. Required open space shall not include driveways, public or private streets, utility easements where the ground surface cannot be appropriately used for open space, parking spaces, or other areas primarily intended for other functions, except for stormwater detention and infiltration functions where the ground surface can be appropriately used for open space during dry weather.

D. Maintenance. Required common open space shall be controlled and permanently maintained by the owner of the property or by multiple project owners through a condominium association or maintenance agreement.

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E. Commercial Open Space Incentives. Commercial development incentive bonuses to encourage pedestrianoriented open spaces, open spaces which preserve areas in a pristine natural condition, intensive green roofs that reduce stormwater runoff while providing accessible open space for pedestrians, and open spaces that reduce stormwater runoff through detention or infiltration that exceed the above requirements may be granted at the discretion of the planning commission. The types of bonus incentives that may be available to eligible projects include:

1. Reduced parking requirements (for pedestrian-oriented open space and amenities of an especially high quality);

2. Increased lot coverage;

3. Reduced setbacks.

• F. Exemptions. The provision of required open space may be reduced or waived by the review authority under the following circumstances:

  1. Minor commercial development or additions involving less than 500 square feet of new building area;

  2. Infill or replacement development in the downtown district. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 05-2015 § 4, 2015; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

All land use activities shall comply with the following provisions regarding the prohibition of adverse impacts:

A. Adverse Impacts Prohibited. Any use or activity that results in an adverse impact to the character and environment of a surrounding area by producing repeated and consistently intolerable levels of air pollution, electrical or electronic disturbance, hazardous materials, glare, noise, odor, vibration, waste products, or similar disturbances, shall be prohibited.

B. Determination of a Public Nuisance. Upon discovery of the activity, the city shall investigate and utilize, where necessary, whatever instruments or consulting specialists that may be required to determine whether a public nuisance exists.

C. Abatement of a Public Nuisance. An identified public nuisance shall be abated in compliance with Chapter 14.30 SMC. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

This section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and trash storage areas.

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• A. Screening Between Different Land Uses. Fences and walls shall be provided and maintained between different zoning districts in the following manner:

  1. Wall Height. An opaque screen consisting of plant material and a solid masonry wall or wooden fence, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial or industrial development adjoins a residential zoning district and whenever a multifamily zoning district adjoins a singlefamily residential zoning district. The maximum height of the walls shall comply with the provisions of Chapter 19.46 SMC, Fences, Hedges and Walls.

  2. Wall Treatment. The walls or fences shall be architecturally treated on both sides, subject to the approval of the review authority.

  3. Pedestrian Access. Pedestrian access shall be provided between the commercial properties and adjoining common open area(s) within residential developments.

  4. Waiver by Planning Commission. The planning commission may waive or modify the requirements for screening walls or fences if one or more of the following findings can be made:

     • a. The development plan adequately provides for the integration of different land uses (e.g., shared parking areas) in such a way that conflicts between the different uses will be avoided;

     • b. An existing wall or fence is in place that meets or would be modified to conform to the intent of this section;

     • c. A lesser level of screening is appropriate due to the nature of the adjoining uses.

B. Mechanical Equipment.

1. Screened From Public View. Roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, storage and waste areas, and utility services shall be screened from public view from adjoining public rights-of-way, and adjoining area(s) zoned for residential or open space uses, including views from above the subject project. Screening can be compatible with multi-benefit projects, including stormwater vegetated sales, bioretention, or capture.

2. Architectural Compatibility. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, architectural style, and shall include appropriately installed and maintained landscaping subject to SMC 19.40.060, Landscape standards, and the approval of the review authority.

C. Solar Equipment. The placement of solar heating or electrical generation equipment shall be regulated as follows:

1. Roof-Mounted Equipment. Roof-mounted solar collector panels shall be flat, matching the roof pitch, and placed as close as possible to the surface of the roof. All plumbing, piping, and other connections shall be suitably covered with metal flashing painted to match the color of the roof.

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2. Ground-Mounted Equipment. Ground-mounted solar collector panels and related equipment shall be placed no closer than five feet to any property line and shall be screened from public view. The height of ground-mounted structures, including collector panels, shall not exceed seven feet.

3. Appurtenant Equipment. Appurtenant equipment and fixtures shall be screened from public view.

• D. Outdoor Storage and Work Yards. Uses with outdoor storage of materials or operations shall comply with the following:

  1. Solid Sight-Obscuring Wall and Gate(s). Outside uses shall have a solid sight-obscuring masonry wall or wooden fence not less than six feet, or more than eight feet in height. The wall shall include sight-obscuring gates. The wall and gate(s) shall be maintained to continuously conform to this standard; and

  2. All Operations Within Walled Area. Site operations in conjunction with the outdoor uses, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.

• E. Outdoor Building Supply Area(s). Outdoor building supply areas shall be screened with walls, wood fencing, meshing, landscaping, or similar material to minimize visibility of the storage area(s).

F. Trash Enclosures. Any outdoor storage of garbage cans, dumpsters, recycling bins or other similar containers shall be enclosed by a solid wooden fence, masonry wall, or other similar enclosure. The enclosure shall be located on the site so as to minimize potential noise, odor, and visual impacts on adjacent properties and prevent the transport of trash, spilled materials or leaks outside of the designated trash area either by wind or stormwater runoff. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 05-2015 § 5, 2015; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

This section establishes standards to ensure the provision of open areas around structures for: access to and around structures; access to natural light, ventilation, and direct sunlight; separation of incompatible land uses; space for landscaping, privacy, and recreation; and visibility and traffic safety.

• A. Setback Requirements.

  1. Compliance. All structures shall comply with the setback requirements established by Division III of this title, Project Design, state and federal regulations, and with any special setbacks established for specific uses by this development code and by the city’s adopted Uniform Building Code.

  2. Extending Over Property Lines Prohibited. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or public right-of-way.

  3. Unobstructed. Each required setback area shall be open and unobstructed from the ground upward, except as provided in this section.

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• B. Measurement of Setbacks. Setbacks shall be measured as follows:

  1. Front Setback. The required front setback shall be measured at right angles from the nearest point on the front property line to the nearest point of the wall of the structure, except as follows:

     • a. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the public right-of-way determined by the city planner to constitute the front yard. (Whenever a future right-of-way line is officially established, required setbacks shall be measured from the established line(s));

b. For flag lots, the measurement shall normally be taken from a parallel line established where the access strip meets the buildable area of the parcel closest to the public right-of-way to the nearest point of the wall of the structure.

2. Side Setbacks. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line, which extends between the front and rear yards.

3. Street-Side Setback. The side setback, on the street side of a corner parcel, shall be measured at right angles from the nearest point on the side property line adjoining the public right-of-way to the nearest point of the wall of the structure.

4. Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except:

• a. The rear setback on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the public right-of-way. If an access easement or public right-ofway line extends into or through a rear setback, the measurement shall be taken from the nearest point of the easement or right-of-way line; and

b. Where the side property lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front property line, shall be deemed to be the rear property line for the purpose of determining the depth of the required rear setback.

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==> picture [218 x 220] intentionally omitted <==

C. Allowed Projections into Setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side, and rear setbacks, only as follows:

1. Balconies, Porches, and Stairways. The following setback standards shall apply to balconies, porches, and stairways:

   • a. Balconies and similar open, uncovered features shall not project into any required setback unless the feature is three feet or less in height above finished grade, in which case it may extend into required setbacks in compliance with subsection (C)(1)(c) of this section;

b. Covered, unenclosed porches, located at the same level as the entrance floor of the structure, may extend into required setbacks in compliance with subsection (C)(1)(c) of this section;

• c. Uncovered outside stairways and landings, that are not attached to a deck, are not enclosed, and do not extend above a ground floor entrance, may extend into required setbacks as follows:

  • i. Up to 10 feet into a required front or street-side setback, but not closer than 10 feet to a front or street-side property line;

  • ii. Up to three feet into a required side setback, but not closer than three feet to a side property line;

  • iii. Up to three feet into a required rear setback, but not closer than 10 feet to a rear property line;

• d. These requirements shall not apply to uncovered landings, patios, or walkways constructed not more than six inches above finished grade.

2. Canopies, Chimneys/Fireplaces, Cornices, Eaves, and Roof Overhangs. Cantilevered architectural features on the main structure, including bay windows, canopies, chimneys/fire places up to eight feet in width, cornices,

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eaves, fireplaces, roof overhangs, and solar devices may extend up to three feet into a required setback, but not closer than three feet to a side or rear property line.

==> picture [217 x 228] intentionally omitted <==

3. Setback Requirements for Specific Structures and Equipment.

a. Decks, driveways, patio slabs, and walkways shall be allowed in required setbacks, provided they do not exceed a height of six inches above finished grade. This provision shall not exclude the use of steps providing access between areas of different elevation on the same property.

b. An inner court providing access to a dwelling group (constructed and located face-to-face) shall provide a minimum width of 15 feet between rows for single-story structures with an additional five feet of width for each additional floor above the first floor.

c. Ground-mounted equipment (e.g., air conditioners, fans, filters, heaters, swimming pool pumps, etc.) shall be allowed in required side or rear setbacks, provided:

• i. The equipment, including housing, is not closer than three feet to any side or rear property line; and

ii. The equipment does not exceed a height of four feet measured from the finished grade at the base of the unit.

d. Guard railings or fences for safety protection around depressed ramps may be located in required setbacks provided:

• i. An open-work railing or fence is used; and

ii. The height of the railing or fence complies with the requirements of the city’s adopted Uniform Building Code.

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e. Wooden and/or masonry planter boxes shall be allowed in all required setbacks when maintaining a maximum height of 42 inches.

• f. Patios.

  • i. Attached covered patios having no enclosures, screening, or walls on at least three sides shall not project more than 10 feet into a required rear setback.

ii. Detached covered patios shall meet the requirements for residential accessory structures identified in SMC 19.50.080, Residential accessory uses and structures.

• g. Retaining Walls.

  • i. Retaining walls up to 42 inches in height are exempt from setback requirements.

  • ii. Retaining walls up to six feet in height may be located within a required setback, provided the exposed side of the wall faces into the subject parcel. If the exposed side of the retaining wall faces out of the subject parcel, the maximum height within the setback shall be four feet.

• h. Swimming pools and spas are allowed in side and rear setbacks, provided they are not closer than five feet to a side or rear property line.

D. Projections Into the Public Right-of-Way. In commercial and mixed use zoning districts, projections into the public right-of-way may be allowed as provided for below:

1. Signs, Awnings, Marquees, and Canopies. Subject to the approval in accordance with SMC 19.54.080, Design review, signs, awnings, and similar nonpermanent structures may project into the public right-of-way. All portions of any permitted awning, canopy, or marquee shall be not less than eight feet above the finished grade, excluding any valance that shall not be less than seven feet above the finished grade. The horizontal projection may extend to a point not closer than three feet from the curb. No portion of any awning shall be higher than the window header level of the lowest story (if any) exclusive of the ground story and mezzanine, or extend above the bottom of a projecting upper-story window bay, or cover any belt cornice or horizontal molding; provided, that no such awning shall in any case exceed a height of 16 feet from the ground level or the roofline of the building to which it is attached, whichever is lower. Where external piers or columns define individual storefront bays, an awning may not cover such piers or columns. Supporting posts or columns shall not be permitted under this provision.

2. Balconies and Building Projections. Subject to the approval of the planning commission in accordance with SMC 19.54.040, Use permits, balconies and other permanent building features may project into a public rightof-way. The minimum clearance of such structures shall be eight feet and the minimum distance from an adjoining curb or street edge shall be three feet. Supporting posts or columns shall not be permitted under this provision.

3. Posts, Columns, and Supports. Subject to the approval of the city council through the review of an encroachment permit, posts, columns and other permanent building features may be permitted within the

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public right-of-way. Such features shall not impede pedestrian access and shall be set back a minimum of three feet from any adjoining public street.

• E. Use and Maintenance of Setback Areas. Setback areas and yards (defined as areas on a property not developed with a structure), including driveways and parking areas, shall be used and maintained in accordance with the following standards and requirements:

  1. Structures. Yards and required setback areas shall not be occupied by structures other than:

     • a. Fences, as allowed under Chapter 19.46 SMC, Fences, Hedges and Walls.

     • b. Accessory structures located within setback areas in compliance with SMC 19.50.080, Residential accessory uses and structures.

     • c. Projections into setbacks as provided for under subsection (C) of this section.

     • d. Structures for which a variance or an exception have been obtained, in accordance with the applicable provisions of Division V of this title.

     • e. Legal nonconforming structures.

  2. Use. The use of yards and required setback areas shall be limited to the following:

• a. Permitted uses under the applicable zoning district as set forth in Division II of this title;

  - b. Conditionally permitted uses under the applicable zoning district as set forth in Division II of this title for which a use permit has been obtained; 
  
  - c. Home occupations operated in conformance with SMC 19.50.040; 
  
  - d. Legal nonconforming uses.
  

3. Storage. Front or street-side yards and setbacks shall not be used for the storage of garbage, rubbish, debris, parts, building materials (except in the course of permitted construction), or inoperable motor vehicles, except for screened storage facilities, such as building materials yards, allowed through a use permit in the commercial and mixed use zones.

4. Maintenance. Setbacks and yards shall be maintained so as to be free from garbage and debris and accumulations of refuse and yard waste. No yard or setback area shall be maintained in a manner that supports or attracts concentrations of vermin or feral animals. (Ord. 12-2025 § 2 (Exh. A(B)), 2025; Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

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All on-site cable television, electric, and telephone facilities, fire alarm conduits, lighting wiring, and other wiring conduits and similar facilities shall be placed underground at the time of development. Unless otherwise approved by the city engineer, no new above ground power poles shall be allowed. Existing poles may be replaced in kind as required for maintenance. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

A. Purpose. It is the purpose of this section to provide standards for the protection of important scenic vistas throughout the city as identified in the General Plan, community development element (town design).

B. Applicability. The provisions of this section apply to any new development for which a discretionary planning or subdivision permit is required that has the potential to affect any of the scenic vistas identified in the General Plan (see the “town design elements” map in the community development element).

C. Scenic Vista Defined. For the purpose of this section, a “scenic vista” means a public view, benefiting the community at large, of significant features, including hillside terrain, ridgelines, canyons, geologic features, and community amenities (e.g., parks, landmarks, permanent open space).

D. Standards for View Corridors. New structures shall be constructed and located in a manner that preserves scenic vistas by maintaining view corridors. Examples of corridors include:

1. Unbuilt space between buildings;

2. View opportunities created from undeveloped lots;

3. Airspace created from public parks and open spaces;

4. Open spaces created from the deliberate spacing of buildings on the same lot or adjacent lots; and

5. Development in hillside areas, especially near ridgelines, shall comply with the standards in SMC 19.40.050, Hillside development. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).