Chapter 11.32
YARDS, HEIGHT AND AREA--GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS

Sections:

11.32.010    Application of chapter.

11.32.020    Height of buildings on through lots.

11.32.030    Height of penthouses and roof structures.

11.32.040    Yard regulations.

11.32.050    Modification of side yard requirements on combined lots.

11.32.060    Yard requirements when more than one main building exists.

11.32.070    Commission may establish formula for modifying yard requirements.

11.32.080    Modification of required front yard where nonconformities exist.

11.32.090    Yard requirements for property abutting half-streets or streets designated by precise plan.

11.32.100    Measuring front yards.

11.32.110    Vision clearance on corner and reverse corner lots.

11.32.120    Permitted intrusions into required yards.

11.32.130    Wall, fence or hedge may be maintained.

11.32.140    Trees, shrubs and flowers permitted in yards.

11.32.150    Increase of side yard required where multiple or row dwellings front upon side yard.

11.32.160    Increase of side yard required where multiple or row dwellings rear upon side yard.

11.32.170    Division of through lots in certain instances.

11.32.180    Reduction of lot area prohibited.

11.32.190    Greater lot area may be required.

11.32.200    Substandard lots.

11.32.210    Use of lots or parcels containing more than minimum required lot area.

11.32.220    Distance between dwelling and detached accessory structures and distance between detached accessory structures.

11.32.010 Application of chapter.

The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this chapter.

(Ord. 824 § 1600; February 8, 1960)

11.32.020 Height of buildings on through lots.

On through lots one hundred fifty 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 more than one hundred fifty feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to depth of not more than one hundred fifty feet from that street.

(Ord. 824 § 1601; February 8, 1960)

11.32.030 Height of penthouses and roof structures.

Penthouses or roof structures for the housing 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, smokestacks, wireless masts and similar structures may be erected above the height limits by this title 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.

(Ord. 824 § 1602; February 8, 1960)

11.32.040 Yard regulations.

Except as provided in this chapter, every required yard 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 title 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.

(Ord. 824 § 1603; February 8, 1960)

11.32.050 Modification of side yard requirements on combined lots.

When the common boundary line separating two contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building-site and the yard spaces as required by this title shall then not apply to such common boundary line.

(Ord. 824 § 1604; February 8, 1960)

11.32.060 Yard requirements when more than one main building exists.

Where two or more buildings are, by definition of this title, considered main buildings, then the front yard requirements shall apply only to the buildings closest to the lot front line.

(Ord. 824 § 1605; February 8, 1960)

11.32.070 Commission may establish formula for modifying yard requirements.

The planning commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required yard depths in all residential zones where geometric shape and dimensions and topography are such as to make a literal application of required yard depths or widths impractical. After the adoption of such formula or standard practices they shall be applied as an administrative act.

(Ord. 824 § 1606; February 8, 1960)

11.32.080 Modification of required front yard where nonconformities exist.

(1)    The depth of required front yards on unimproved lots may be modified when any of the following circumstances apply:

(a)    When the unimproved lot or lots are located between lots having nonconforming front yards.

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

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

(d)    Where a vacant corner lot or reverse corner lot adjoins a lot having a nonconforming front yard.

(2)    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 sixty percent 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.

(3)    The rear line of the modified front yard on the unimproved lot or lots as referred to in the foregoing paragraph (2) shall be established in the following manner:

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

(b)    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.

(c)    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) above.

(d)    The depth of the modified front yard on any lot traversed by the straight line defined in (c) above shall be established by the point where said straight line intersects the line constituting the depth of each such intervening lot.

(4)    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 the placement of the building does not interfere with the required vision clearance at the corner formed by the intersection of the streets.

(Ord. 824 § 1607, 2-8-60)

11.32.090 Yard requirements for property abutting half-streets or streets designated by precise plan.

A building or structure shall not be erected or maintained on a lot which abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by this title, if any. This section applies to all zones.

Where a precise plan adopted pursuant to law includes plans for the widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and file maintenance of front yards where required by this title, shall relate to the future street boundaries as determined by said precise plans.

(Ord. 824 § 1608, 2-8-60)

11.32.100 Measuring front yards.

Front yard requirements shall be measured from the property front line or the indicated edge of a street for which a precise plan exists.

(Ord. 824 § 1609, 2-8-60)

11.32.110 Vision clearance on corner and reverse corner lots.

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 ten feet in length measured from the aforementioned angle. The third side of said straight shall be a straight line connecting the last two-mentioned points which are distant ten feet from the intersection of the lot front and side lines; and within the area comprising said triangle no tree shall be allowed, nor any shrub or physical obstruction higher than thirty-six inches above the established grade shall be permitted. However, a wall or fence not exceeding five feet in height is permitted; providing said wall or fence is constructed in accordance with Section 11.32.130(2).

(Ord. 1316 § 1, 4-11-77: Ord. 1293 § 1, 6-21-76: Ord. 824 § 1610, 2-8-60)

11.32.120 Permitted intrusions into required yards.

The following intrusions may project into any required yards:

(1)    Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part: one foot.

(2)    Uncovered porches and platforms which are not higher than the floor level of the first floor: eighteen inches, provided they may extend six feet into the front yard.

(3)    Planting boxes or masonry planters not exceeding thirty-six inches in height may extend into any required front yard. (Ord. 1293 § 2, 6-21-76).

(4)    Cornices, eaves and other similar architectural features may extend or project into a required front yard not more than four feet and may extend into a required side yard or required rear yard not more than two inches for each one foot of the width of such required side yard or required rear yard.

(Ord. 1316 § 2, 4-11-77: Ord. 1293 § 1, 6-21-76; Ord. 874 § 15, 4-9-62: Ord. 824 § 1161, 2-8-60)

11.32.130 Wall, fence or hedge may be maintained.

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

(1)    A wall, fence or hedge thirty-six inches in height may be located or maintained on any part of a lot.

(2)    On interior lots, a wall, fence or hedge not exceeding six feet in height may be located anywhere on the lot to the rear of the rear line of the required front yard. A wall or fence not exceeding five feet in height may be located or maintained within the required front yard area, providing that the upper twenty-four inches of the vertical surface of the wall or fence is open more than seventy-five percent to permit transmission of light, air and vision through said fence surface.

(3)    On corner lots, a wall, fence or hedge not exceeding six feet in height may be located anywhere on the lot to the rear of the rear line of the required front yard unless the lot rears upon an alley, in which case on the rear property line and the side street property line, for purpose of vision clearance, a fence more than thirty-six inches in height may not extend within a triangle two sides of which shall be the rear property line and the side street property line measured ten feet in each direction from the point of intersection of such lines, and the third side of which triangle shall be a straight line connecting such two points, except as follows:

(a)    A wall or fence not exceeding six feet in height may be located or maintained within the required rear yard and is allowed to extend within the subject triangular area, providing that the upper thirty-six inches of the vertical surface of the wall or fence is open more than seventy-five percent to permit the transmission of light, air and vision through said fence surface.

(4)    On a corner lot, a wall, fence or hedge not exceeding six feet in height may be located anywhere on the lot to the rear of the required front yard, except that on the street side, a wall, fence or hedge more than thirty-six inches in height shall not extend within a triangle measured ten feet in each direction from the point of intersection of the rear and street property lines, and the third side shall be a straight line completing the triangle, except as follows:

(a)    A wall or fence not exceeding six feet in height may be located or maintained within the required triangle area, providing that the upper thirty-six inches of the vertical surface of the wall or fence is open more than seventy-five percent to permit the transmission of light, air and vision through said fence surface.

(5)    On a corner lot, if a vehicular entrance is provided from a side street, an area for vision and safety clearance shall be maintained on each side of the driveway. Such area for vision shall be defined by a triangle, two sides of which shall be measured ten feet in each direction from the point of intersection of the side of the driveway and the side street property line, and the third side shall be a straight line completing the triangle, except as follows:

(a)    A wall or fence not exceeding six feet in height may be located or maintained within the required area for vision and safety clearance, providing that the upper thirty-six inches of the vertical surface of the wall or fence is open more than seventy-five percent to permit the transmission of light, air and vision through said fence surface. (6) On reverse corner lots, a wall, fence or hedge not exceeding six feet in height may be located anywhere on the lot to the rear of the required front yard, except that in the required side yard on the side street side of the rear of such reverse corner lots, a wall, fence or hedge more than thirty-six inches in height shall not extend within a triangle measured ten feet in each direction from the point of intersection of the rear and street property lines, and the third side shall be a straight line completing the triangle, except as follows:

(a)    A wall or fence not exceeding six feet in height may be located or maintained within the subject triangular area, providing that the upper thirty-six inches of the vertical surface of the wall or fence is open more than seventy-five percent to permit the transmission of light, air and vision through said fence surface.

(7)    The provisions of this section shall not apply to fences required by state law to surround and enclose public utility installations or to chain link fences enclosing school grounds and public playgrounds; provided, that in the case of public utility installations, there shall be a solid masonry wall not less than eight feet in height paralleling any boundary street and so placed as to maintain the provisions of this section.

(8)    Exception to the provisions of this section shall be considered when a fence is constructed for use as a ball barrier on the perimeter of a tennis or paddle tennis court in residential zones. Such a fence shall be subject to the issuance of a conditional use permit and the following additional conditions and limitations shall apply:

(a)    The tennis or paddle tennis court shall be enclosed with a fence no higher than twelve feet above the court surface and all portions of such fence above a height of six feet shall be of an open chain link type fence.

(b)    Wind screens may be used, but are subject to community development department approval. (Ord. 1418 § 1, 10-9-79).

(9)    In any R zone, a fence, wall or hedge surrounding the rear yard may be permitted to be built or to grow to an eight foot limit in any one of the following circumstances:

(a)    It is adjacent to a public or private alley;

(b)    It is adjacent to a public or private parking lot which is accessible to the public;

(c)    It is adjacent to a public right-of-way;

(d)    It is adjacent to an industrial property; or

(e)    It is adjacent to a utility right -of-way;

The wall or fence may only be built after the issuance of a permit. It must be built to plans supplied by the director of building and safety or to plans drawn to latest adopted UBC standards and its location must be approved by the director of community development.

(Ord. 2080 § 1, 5-22-01; Ord. 1418 § 1, 10-9-79; Ord. 1316 §§ 3 and 5, 4-11-77: Ord. 1305 § 1, 9-27-76: Ord. 1285 § 1, 2-23-76 (repealed); Ord. 824 § 1612, 2-8-60)

11.32.140 Trees, shrubs and flowers permitted in yards.

Shrubs, flowers, plants, hedges, and trees are permitted in any required yard, except as provided in Sections 11.32.110 and 11.32.130 of this chapter.

(Ord. 1316 § 4, 4-11-77: Ord. 1293 § 3, 6-21-76: Ord. 824 § 1613, 2-8-60)

11.32.150 Increase of side yard required where multiple or row dwellings front upon side yard.

The minimum width of the side yard upon which multiple or row dwellings front shall be not less than six 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.

(Ord. 824 § 1614, 2-8-60)

11.32.160 Increase of side yard required where multiple or row dwellings rear upon 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 as access to such dwellings, the required side yard to the rear of such dwellings shall be increased by one foot.

(Ord. 824 § 1615, 2-8-60)

11.32.170 Division of through lots in certain instances.

Through lots one hundred eighty feet or more in depth 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 is below the minimum lot area as determined by this title, 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 zone 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.

(Ord. 824 § 1616, 2-8-60)

11.32.180 Reduction of lot area prohibited.

No lot area shall be so reduced or diminished that the lot area, lot width, yards or other open spaces shall be less than prescribed by this title for the zone in which it is located, nor shall the density of population be increased in any manner except in conformity with the regulations established by this title.

(Ord. 824 § 1617, 2-8-60)

11.32.190 Greater lot area may be required.

Greater lot areas than those prescribed in the various zones 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.

(Ord. 824 § 1618, 2-8-60)

11.32.200 Substandard lots.

When a lot has less than the minimum required area or width as set forth in any of the zones contained herein, or in a site plan, and was of record on the effective date of the ordinance codified in this title, such lot shall be deemed to have complied with the minimum required lot area or width as set forth in any such zone or site plan. The lot area per dwelling unit, however, shall remain as specified in the applicable zone. In no instance shall these provisions prevent the erection of a single-family dwelling on any substandard lot.

(Ord. 824 § 1619, 2-8-60)

11.32.210 Use of lots or parcels containing more than minimum required lot area.

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 not more than four such units result, and no dedication of streets, alleys or other public ways, public easements or public utility easements are involved, such area units may be so utilized by resorting to the split lot procedures as prescribed in the subdivision ordinance (Title 12). 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 and which easement shall be approved as to adequacy by the planning commission and the city council.

(Ord. 824 § 1620, 2-8-60)

11.32.220 Distance between dwelling and detached accessory structures and distance between detached accessory structures.

The minimum distance between a detached accessory structure and a dwelling shall be not less than six (6 ) feet. The minimum distance between (2) detached structures that are accessories shall be not less than six (6 ) feet.

(Ord. 1742 § 1, 5-11-87)