§ 19.68

This Chapter establishes general development standards for height measurements and exceptions, as well as setback measurements and exceptions (e.g., projections, encroachments). Subsequent Chapters in this Article establish site development standards applicable to all uses or specific use types. Basic development standards applicable to each zone (e.g., density, lot area, building setback requirements, and height limitations) are provided in Article 2 (Land Use/Zoning Districts).

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

The following rules apply to the calculation and determination of height of structures in the City. The intent of these regulations is to provide for compatibility in the measurement of building height under a variety of circumstances (e.g., sloped site).

A.

Height Measurement. The height of a structure shall be measured as the vertical distance from the finish grade to the highest point of the roof of the structure. Height is measured as the vertical distance from the finish grade of the site to an imaginary plane located the allowed number of feet above and parallel to the finish grade. See Figure 19.68.020-1 (Height Measurement).

Figure 19.68.020-1\Height Measurement

B.

Height Limits. Height limits are established throughout this Title. Primarily, height limits are listed in the Chapters of Article 2 (Land Use/Zoning Districts). Additional height limits are established for accessory structures, fences and walls, outdoor lighting, and signs and are contained in subsequent Chapters of this Article.

C.

Height Exceptions. Height limits typically exclude architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevators, windmills and similar mechanical equipment.

1.

Architectural Features. Chimneys, cupolas, flagpoles, monuments, radio and other towers, gas storage holders, water tanks, and similar structures and mechanical appurtenances may be permitted in excess of building height limits by no more than 50 percent of the applicable height limitation; provided, however, that the same may be safely erected and maintained at such height in view of the specific conditions and circumstances affecting the structure and adjacent properties.

2.

Structures in Residential Districts.

a.

Antenna, Noncommercial. One noncommercial antenna may be permitted up to 52.5 feet in height for each parcel. Antennae shall be set back from all property lines at least 1.25 times the height of the antenna. Height does not include the additional height of whip antennae. Additional antennae shall require a Conditional Use Permit.

b.

Windmills, Noncommercial. One noncommercial windmill or solar energy collector may be permitted up to 35 feet in height for each parcel. Structures shall be set back from all property lines at least 1.25 times the height of the structure, measured to the top of the highest element of the structure. Additional windmills or solar collectors shall require a Conditional Use Permit. Up to a 50 percent increase in height, to 52.5 feet, may be approved subject to a Conditional Use Permit.

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

A.

General Yard and Setback Requirements.

1.

Required Yard Area. Except as otherwise specified in this Title, required yard areas shall be kept free of buildings and structures.

a.

Exceptions:

i.

Water Elements. Water elements such as fountains, ponds, and other water treatments, up to a maximum height of six feet, may be placed in setback areas, provided they do not create a traffic safety hazard. The installation of water elements may be subject to approval of building permits.

ii.

Art installations. Installation of art, such as sculptures, statues, and other installations of an adequately durable and weatherproof design, up to a maximum height of six feet, may be placed in street setback areas, provided they do not create a traffic safety hazard. The installation of art may be subject to approval of building permits.

2.

Exclusivity of Required Yard Area. No yard or other open space provided around any building for the purpose of complying with this Title shall be considered as providing a yard or open space for any other building or structure.

B.

Through Lots. On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located. See Figure 19.68.030-1 (Lot Type Diagram) for an illustration of a through lot.

Figure 19.68.030-1\Lot Type Diagram

C.

Front Yards. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. In the case of a lot abutting two or more streets (comer lot), the front yard shall be the shortest length of the lot abutting a street. See Figure 19.68.030-2 (Yard Setback Measurement Diagram) for an illustration of all yards.

D.

Street Side Yards. Except as otherwise permitted, a street side yard shall be used only for landscaping, pedestrian walkways, driveways or off-street parking.

E.

Rear and Interior Side Yards. Except as otherwise permitted, these yards shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities, or similar accessory activities.

F.

Vertical Clearance. Except as otherwise provided in this Title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Building overhangs, bay windows, and other such elements may intrude as permitted, pursuant to Subsection 19.68.030.H (Allowed Encroachments or Projections into Required Yards).

G.

Setback Measurement. The setback of all buildings and structures shall be measured at a right angle from the property line. Except as permitted in Subsection 19.68.030.H (Allowed Encroachments or Projections into Required Yards), or as otherwise specified in this Title for specific types of structures (e.g., accessory structures, signs), structures shall not extend beyond required setback lines.

Figure 19.68.030-2\Yard Setback Measurement Diagram

H.

Allowed Encroachments or Projections into Required Yards. In addition to the structures listed in Section 19.70 (Accessory Uses and Structures) and Section 19.74 (Fences, Walls, and Screens), the following structures and architectural features attached to the main building may project into the required yards as set forth below.

I.

Residential and Public District Projections and Encroachments.

1.

No projection may be permitted to obstruct the view of a required clear site triangle.

2.

Attached architectural features such as awnings, canopies, eaves, chimneys, cornices, planter boxes, bay windows and cantilevered portions of the structure (not exceeding 50 percent of the length of the wall to which they are attached) and similar architectural features or mechanical equipment normally incidental to the use are permitted to encroach up to four feet into front or rear yards and up to two feet into side or street side yards.

3.

For properties in the R-HD district, attached unenclosed patio roofs, decks, porches and similar structures (having open, unenclosed sides around at least 50 percent of their perimeters) are permitted to encroach five feet into a rear yard, with a minimum five-foot setback to the rear yard property line. In no case shall such encroachments exceed 50 percent of the length of a building.

4.

For properties in all residential districts except R-HD, attached unenclosed patio roofs, decks, porches and similar structures (having open, unenclosed sides around at least 50 percent of their perimeters) are permitted to encroach up to 50 percent of the required rear yard, with a minimum 5-foot setback to the rear yard property line. In no case shall such encroachments exceed 50 percent of the length of a building.

5.

Pools, spas, and related equipment no greater than 6 feet in height may be located in a required rear or interior side yard setback, with a minimum five-foot setback to the property lines.

6.

Open storage of boats, recreational vehicles and trailers are not allowed in front and street side yard areas of multi-family residential and public districts. (RM, R-HD, P).

7.

Storage of construction vehicles and equipment is not permitted in residential and public districts.

J.

Nonresidential Projections and Encroachments.

1.

No projection may be permitted to obstruct the view of a required clear site triangle.

2.

Attached architectural features such as awnings, canopies, eaves, chimneys, cornices, planter boxes, bay windows, and cantilevered portions of the structure (not exceeding 50 percent of the length of the wall on any one story) are permitted to encroach up to four feet into front or rear yards and up to two feet into side or street side yards.

3.

Stairways, landings, corridors and fire escapes are permitted to encroach up to five feet in front and street side yards, up to four feet in interior side yards, and up to five feet in rear yards.

4.

Storage of boats, recreational vehicles, trailers, and construction vehicles and equipment are not permitted in commercial districts (CO, CN, CG, CT).

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

Chapter 19.69 - Residential Development Standards and Design Criteria