Sec. 153.201 - Purpose.

The purpose of this subchapter is to set forth the general requirements applicable to the development and occupancy of all sites and buildings within each of the zoning districts and to establish the nature of the limitations which modify the provisions of this chapter.

(1975 Code, § 9-2.201) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.202 - General conformity required.

Except as otherwise provided in this chapter:

(A)

No parcel shall be used for a principal use, conditional use, or accessory use, and no building permit shall be issued, except as follows:

(1)

For lots shown on a land division or subdivision map approved by the Town; and

(2)

For parcels which are excepted from the area requirements of this chapter by subsections 153.205(C) through 153.205(D) of this subchapter.

(B)

No lot or structure shall be used or designated for use for any purpose or in any manner other than in conformity with the regulations for the district in which the lot or structure is located.

(C)

No accessory use shall be permitted in a district where such use is not provided for in this chapter or which accessory use effectively converts a principal use to a use not permitted in the district.

(D)

No accessory building or structure shall be used for human habitation, except in accordance with regulations set forth in this chapter for accessory dwelling units.

(E)

No structure shall be erected, and no existing structure or use shall be moved, altered, or enlarged, except in conformity with the regulations for the district in which the structure or use is located.

(F)

No required setback or open space area related to any structure or use shall be used, encroached upon, or reduced in any manner, except in conformity with the regulations for the district in which the setback or open space is located.

(G)

A lot having a width or frontage less than the minimum prescribed for the district in which the lot is located, which lot is shown on a duly approved and recorded subdivision map, or for which a certificate of compliance has been filed, and which had a legal area, width, and frontage at the time the subdivision map was recorded or the lot was otherwise legally created, may be used as set forth in Section 153.205.

(H)

No setback, off-road parking space, garage space, or loading space provided for a structure, building, or use shall be considered as providing all or part of the setback, off-road parking space, garage space, or loading space required for any other building or use on any other parcel, except as permitted by Section 153.224 for the joint or collective use of parking space.

(I)

The building limitations respecting the OSH, OSRL, OSRM, OSN, and OSM Districts shall be applied, and all uses therein be limited, in a manner that will reasonably restrict structures to those presently existing or to replacements thereof and will limit the number, size, and dispersion of all structures with the goal of optimum preservation of the open space and enhancement of the rural characteristics of the open space.

(1975 Code, § 9-2.202) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Cross reference— Penalty, see § 153.999.

Sec. 153.203 - Required conditions in all zoning districts.

The following conditions shall be required in all zoning districts:

(A)

No building or other improvement shall be constructed or enlarged so as to create a change in the physical configuration of a lot by means of cuts or fills, unless a grading permit is issued pursuant to the requirements of the site development provisions.

(B)

Prior to the establishment of a principal use or conditional use on any lot, existing vegetation shall not be removed, nor shall any grading by power equipment be undertaken, except as follows:

(1)

As may be required for construction authorized by a valid building permit;

(2)

As may be authorized by the terms of any conditional use permit authorized by the Planning Commission pursuant to Sections 153.921 through 153.930;

(3)

As may be required or authorized by any Town official for the purpose of preventing or correcting any hazardous condition;

(4)

As may be authorized by the Town Engineer to permit necessary surveys, soil tests, or geological explorations to provide a basis for decisions regarding building construction or land division projects;

(5)

As may be required in conjunction with the development of a subdivision or land division which has been approved and authorized by the Town;

(6)

As may be permitted by Sections 153.411 through 153.415;

(7)

As may be required for the construction of trails as authorized by the Town.

(C)

Where the natural runoff of stormwaters is changed by grading, structures, buildings, driveways, or paved areas, the landowner shall prevent the unnatural diversion of surface waters to downslope lots.

(D)

Grazing shall be limited in duration and intensity to that which will not induce damages to ground cover resulting in erosion or the rapid runoff of stormwaters.

(E)

All residents shall maintain the vegetation adjacent to public and private roads in such a manner as not to obstruct necessary and adequate sight distances as determined by the Town Engineer. New plantings adjacent to public and private roads shall not be of the variety which will grow to a size which will obstruct sight distances.

(F)

All subdivisions and land divisions shall include specific provisions for erosion control by the planting of bare earth surfaces. The landowner shall be responsible for the replacement or restoration of trees, ground cover, and natural vegetative character lost as a result of such construction. Site improvement plans shall be prepared by a professional landscape architect or other professionally qualified person. The site improvement plan shall be formulated to provide grading, drainage, and planting consonant with the best practical and aesthetic results. The planting program shall be part of the construction contract, and such plantings shall be maintained by the landowner until self-sufficient.

(1975 Code, § 9-2.218) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1988-362, effective 4-29-88, Am. Ord. 1989-383, effective 4-13-89; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-554, effective 8-23-12; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.204 - Exceptions for minor improvements for disabled access.

(A)

Purpose. To allow the Planning Director to grant limited exceptions to development standards for minor improvements to existing residences to accommodate access needs for persons with disabilities of all types, including developmental disabilities and/or physical disabilities.

(B)

Procedure. Exceptions to existing development standards may be granted by the Planning Director, upon making all of the findings outlined under division (C) below.

(1)

The applicant shall submit an application, together with a site plan, elevations and additional supporting information required by the Director to provide sufficient understanding of the request and compliance with development standards.

(2)

No public notice or hearing is required.

(3)

Exceptions shall be granted subject to the following restrictions:

(a)

The improvements may be made to any existing main residence or accessory living quarters.

(b)

Exceptions are not permitted for a proposed new residence or proposed new accessory living quarters.

(c)

Improvements shall be restricted to those necessary for enhanced access for disabled persons of all types including persons with developmental disabilities and/or physical disabilities, including but not limited to, access ramps, widening of hallways, or expansion of bathrooms or closets.

(d)

Exceptions to development regulations shall be limited to any, or all, of the following, over the life of each structure:

1.

Paved area coverage not greater than 250 square feet in excess of allowable limits for the site; and/or

2.

Floor area not greater than 150 square feet in excess of allowable limits for the site; and/or

3.

Encroachment into setbacks not greater than ten percent of the allowable setback width; and/or

4.

Increased maximum house size for a main residence not to exceed 150 square feet in excess of the allowable maximum for the site; and/or

5.

Exceptions to zoning regulations for fencing or other item to secure facilities to provide a safe environment.

(C)

Findings. The Planning Director shall make all of the following findings in order to grant an exception for minor improvements for disabled access:

(1)

The request for reasonable accommodation will be used by an individual with a disability protected under fair housing laws.

(2)

The proposed improvements are necessary to provide for housing access for disabled persons of all types, including persons with developmental disabilities and/or physical disabilities.

(3)

The proposed exception(s) will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and Town.

(4)

The proposed exception(s) will cause no significant negative impacts on the privacy of the applicant or adjacent neighbors.

(5)

The requested accommodation is consistent with the Town's General Plan, Woodside Municipal Code, and Residential Design Guidelines.

(Ord. 2005-525, effective 5-12-05; Am. Ord. 2017-582, effective 2-23-17; Am. Ord. 2017-589, effective 8- 24-17)