Chapter 17.10
GENERAL REGULATIONS AND REQUIREMENTS
Sections:
17.10.020 Use of land, buildings and structures.
17.10.030 Height limit – Violation prohibited.
17.10.040 Height limit – Exceptions.
17.10.050 Structural modifications – Adherence to yard and setback standards required.
17.10.060 Existing lots of record.
17.10.070 Front yard exceptions and modifications.
17.10.080 Side and rear yard exceptions and modifications.
17.10.100 Accessory structures.
17.10.120 Performance standards – Compliance required.
17.10.130 Radio or electrical disturbance, heat, cold and glare.
17.10.140 Fire and explosion hazards.
17.10.180 Outdoor storage area.
17.10.190 Conformance testing.
17.10.200 Air contaminants, dust and odor.
17.10.010 General provisions.
The requirements and regulations of this title shall be subject to the provisions set forth in this chapter. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.020 Use of land, buildings and structures.
No building or structure or part thereof shall be erected, altered or enlarged for a use, nor shall any existing building, structure, or part thereof, or land be used for a purpose or in a manner that is not in conformity with the uses listed as permitted uses for the zone in which such building, structure or land is situated. However, any land, building, or structure may be erected or used for a purpose listed as a conditional use in such zone; provided, that a conditional use permit is secured in accordance with the provisions of this title. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.030 Height limit – Violation prohibited.
No building, or part thereof, or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit designated for the district in which such building is located, except as specified in HMC 17.10.040. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.040 Height limit – Exceptions.
In the following cases, the height limits established by this title shall not apply:
A. Church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, distribution and transmission towers, utility lines and poles, street lights, windmills, chimneys, smokestacks, flagpoles, radio towers, masts and aerials, and parapet walls extending not more than four feet above the maximum height of the building are exempt from height limitations established under this title.
B. Places of public assembly in churches, schools and other permitted public and semi-public buildings may exceed height limitations established by this title; provided, that: (1) these are located on the ground floor of such buildings; and (2) for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the zone, its side and rear yards shall be increased in width or depth by an additional foot more than the required side or rear yards for the highest building permitted in the zone.
C. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from the height limitations established in this title; provided, that no linear dimension of any such structure exceeds 50 percent of the corresponding street frontage line.
D. Towers and monuments, cooling towers, gas holders or other structures where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this title; provided, that any structure above the height otherwise permitted in the zone shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.050 Structural modifications – Adherence to yard and setback standards required.
A. No building, or part thereof, or structure shall be erected, altered, enlarged, rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designated for that zone in which the building or structure is located.
B. No yard provided around any building for the purpose of complying with provisions of this title shall be considered as providing a yard for any other building, and no yard for one building site shall be considered as providing a yard for a building on any other site. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.060 Existing lots of record.
In any zone for which a minimum lot area is established, a substandard lot of record or mobile home space lawfully created prior to the adoption of this title may be used subject to the following requirements:
A. If lot is narrower than the width specified for the zone in which it is located, the side yards may be reduced by an amount proportional to the amount by which the lot width falls below the zone requirement; however, no side yard may be reduced to less than four feet in width, or three feet in width when bordered by a carport.
B. The depth of the rear yard of any such lot shall be 10 feet, or 20 percent of the depth of the lot, whichever is greater, except that in no case will a depth greater than that required for the zone in which the lot is located be required. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.070 Front yard exceptions and modifications.
A. Where sites comprising 40 percent of the frontage on a block are already improved with buildings, the minimum front yard setback shall be the average of the existing front yard depths of the improved lots in the block.
B. In computing average front yard depth, a depth no greater than 10 feet more than the minimum required front yard for the zone in which the lot is located shall be used in lieu of any greater existing front yard depth.
C. Any through lot shall maintain a front yard setback on each street as required for the zone in which each street frontage is located. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.080 Side and rear yard exceptions and modifications.
A. On the street side of a corner lot, the minimum side yard shall not be less than 10 feet, except that on a reversed corner lot the minimum side yard shall be 15 feet.
B. Where the side or rear lot line of a nonresidential use adjoins or is across the street from a lot in a residential zone, the side or rear yard adjoining or opposite the residential zone shall not be less than that required in such residential zone. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.090 Vision clearance.
In order to protect the welfare and safety of pedestrians, bicyclists and motorists using the sidewalks and streets within the city, the following areas shall be left clear of planting and improvements from a point 30 inches above the ground:
A. At the intersection of each driveway or alley with a street, a triangular area where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on said centerline 10 feet outside the right-of-way (Figure 17.10-1); and
B. At the intersection of streets, the area on the parkway side of the curb which is bounded by the curbs (or a line parallel to and six feet outside the traveled portion of the roadway if there is no curb) and a line connecting the two points on the curb 45 feet from the point of intersection of the curb tangents (Figure 17.10-2).
(Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.100 Accessory structures.
The requirements set forth in this section shall apply to accessory structures in all residential and commercial zones:
A. An accessory building, used either wholly or in part for living purposes, shall meet all the requirements for location of the main structure.
B. An accessory structure that is attached to a main structure shall meet all of the requirements for location of the main structure as provided in subsection D of this section.
C. Canopies, or roofs attached to the main building or connecting to main building with a detached accessory building, may extend into a required rear or side yard; provided, that portions of such structures extending into the yard:
1. Shall not exceed 15 feet in height or project closer than five feet to a side yard or rear lot line; and
2. Shall be entirely open on at least three sides except for necessary supporting columns, except that a roof connecting a main building and an accessory building shall be open on two sides.
D. Detached structures shall meet the following requirements:
1. A detached structure shall meet the setback requirements of the main building for the front and side yard areas;
2. A detached accessory structure may be located within a rear yard; provided, that when the structure is located closer than five feet to a rear lot line, one-hour fire walls are required, except where the rear lot abuts an alley; and
3. A detached structure shall maintain a minimum of five feet separation from the main structure.
E. The following requirements shall apply to structures other than those structures not provided for in subsections A through D of this section:
1. Porches, steps, architectural features such as eaves, chimneys, awnings, wing walls and bay windows may project not more than four feet into any required front or rear yard area;
2. Heating and cooling equipment, architectural features such as balconies and stairways may project not more than four feet into any required front or rear yard area, except in the R-1 and R-2 zones, in which case these structures shall only project into the rear yard area not more than four feet and shall not project into the front yard area;
3. Porches, steps, architectural features such as eaves, awnings, wing walls, bay windows, chimneys, balconies, stairways and heating and cooling equipment may project into one of the required side yards not more than one-half of such required side yard. Except as to eaves and awnings, only one of the required side yard setbacks shall ever be used for this purpose. At all times, there shall be at least a six-foot setback in one of the required side yards, unless there is an alleyway;
4. R-1 and R-2 zones, which have an alleyway and five-foot setback on each of the required side yards, shall not be permitted to build a structure into either of the required side yard setbacks; and
5. In no case shall the resulting setback be less than five feet. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.110 Walls and fences.
The following requirements shall apply to all residential and commercial zones:
A. In any required front yard, a wall or fence shall not exceed four feet in height if open and exceed 30 inches if closed;
B. A wall or fence not more than six feet in height may be maintained along the side or rear lot lines; provided, that such a wall or fence does not extend into required front yard; and further provided, that all measurements are made at any point along the natural ground and the highest point of the fence;
C. A wall or fence adjacent to a driveway providing vehicular access to an abutting lot shall not exceed 30 inches in height within 15 feet of the intersection of said driveway and the street right-of way;
D. The provisions of this section shall not apply to a wall or fence required by any law or regulation of the state or any agency thereof; and
E. Acceptable materials for walls and fences are: (1) chain link; (2) masonry; (3) wrought iron; and (4) wood. All other materials must have approval of the planning commission. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.120 Performance standards – Compliance required.
Uses within all zones shall conform to the performance standards set forth in HMC 17.10.130 through 17.10.200. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.130 Radio or electrical disturbance, heat, cold and glare.
No use except a temporary construction operation shall be permitted that creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted that creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.140 Fire and explosion hazards.
All storage of and activities involving flammable and explosive materials shall be provided with adequate safety and fire-fighting devices. All incineration is prohibited. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.150 Noise.
No use shall be permitted which creates noise levels that exceed five decibels above the ambient noise level of the area, in accordance with the Occupation Safety and Health Act of 1970. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.160 Radioactivity.
The use of radioactive materials shall be limited to measuring, gauging and calibration devices or such other uses which may be permitted by the city council. Any use of radioactive material shall be performed in such a manner that no dangerous radioactivity is emitted. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.170 Vibration.
No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptibly, without instruments, at the boundary of the lot on which the use is located. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.180 Outdoor storage area.
Outdoor storage areas in industrial and commercial zones shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen view of outdoor storage areas from the external boundaries of the property. In lieu of a solid masonry wall, a view-obscuring fence, not less than six feet in height, with a minimum landscaped lot line setback of three feet may be allowed at the discretion of the planning commission. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.190 Conformance testing.
Whenever there is a question of conformance with the performance standards of this chapter, the building inspector shall require the property owner or operator to engage the services of a certified testing firm. Copies of all such tests shall be furnished to the building inspector. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.10.200 Air contaminants, dust and odor.
No use shall be permitted which emanates air contaminants, including, but not limited to, smoke, charred paper, dust, grime, carbon, noxious acids, fume, gases, odors, or particulate matter or emissions, including any combination thereof in quantities that endanger human health, cause damage to vegetation or property, cause soiling, or is deemed offensive or a nuisance when measured at the external boundaries of the property. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).