Sec. 26-68. - Encroachments into required setbacks.

(a)

Swimming pools, spas, sports courts, and other similar private recreation areas may be located within the front yard, through an administrative permit process when the lot configuration, building placement, and/or street adjacent location justify its location due to the uniqueness of the property as determined by the Community Development Director or their designee, provided there is a minimum five-foot setback to adjoining properties, the project will not create a line-of-sight hazard, there is no other suitable location for the proposed structure on site, and all other standards for the underlying zone are met. Swimming pools and spas may encroach into the required interior side yard and rear yard provided that there is a minimum five (5) feet setback, as measured from the edge of the bond beam to the property line.

(b)

Swimming pools and spas, whether portable or permanently constructed, shall be enclosed by fencing as required by the City's Building Code.

(c)

Cornices, eaves, or similar features may project into yards.

(1)

Cornices, eaves, belt courses, sills, or other similar architectural features may extend or project into a required front, side, or rear yard in single- and multi-family residential zones by not more than three (3) feet provided that the projection is no closer than two feet, six inches (2'-6") from the side and rear property lines.

(d)

Uncovered porches and platforms may project into yards.

(1)

An uncovered porch, platform or landing place which does not extend above the level of the first floor of the building in R-A and R-1 zones may extend or project into any required front, side or rear yard by not more than six (6) feet except as permitted in section 26-46(f), provided such structure in a side yard shall not reduce to less than three (3) feet the unobstructed pedestrian walkway or sidewalk on ground level to less than three (3) feet.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-69. - Maintenance and security standards for vacant, unoccupied or abandoned buildings or structures.

(a)

Property owners and/or persons who possess or have control of an abandoned, vacated or undeveloped property, area or place, including buildings and structures, shall maintain and secure said property in such a way that will not be injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including but not limited to juveniles and transients, nor constitute a health, fire or safety hazard.

(b)

Property owners and/or persons who possess or is in control of any undeveloped real property in the City or any other real property in the City that has been vacant or abandoned for a period in excess of thirty (30) calendar days shall do the following:

(1)

Unsecured access points. All means of ingress or egress to the property or structure on the property, including but not limited to, windows, doors, gates and fences that have been breached, vandalized, or damaged, shall be boarded up and/or secured in compliance with Federal Housing Authority board-up standards to ensure the property or structure is secured against unauthorized entry.

(2)

Paint. All boards securing a breach in any ingress or egress on a structure shall be fully painted in such a manner as to complement or match the paint color of the structure.

(3)

Fencing. Any undeveloped real property within the City, or any other vacant real property in the City that an enforcement officer has determined in writing, based upon specific findings regarding the conditions of said real property and surrounding area(s), poses a threat to the health, safety, and welfare of the general public, shall be enclosed by a security fence as approved by the Community Development Director or their designee. Such security fencing shall measure a minimum of six feet (6') in height measured from grade, unless such fencing is located within a required sight triangle, shall be constructed of chain-link or tubular

steel materials, and shall be erected in accordance with all requisite City approvals, permits, and inspections. Conditions that shall be considered when determining the necessity of a temporary security fence include, but shall not be limited to, instances of unauthorized entry and/or vandalism, and the degree of decay, deterioration, dilapidation, or neglect of the real property and structures.

(4)

Signage and emergency contact. Signs prohibiting trespassing, and the name and phone number of the person or entity responsible for the maintenance and security of the vacant property shall be posted on all vacant structures and/or security fencing surrounding vacant properties. Security fencing shall be kept clear of all other signs. Each sign shall conform to standards set forth in article III, division 8.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 2. - ACCESSORY STRUCTURES