Chapter 18.84
GENERAL PROVISIONS—EXCEPTIONS
18.84.020 Rules governing use of zoning map and symbols.
18.84.030 Regulations are minimum.
18.84.040 Relationship to other regulations.
18.84.110 Reasonable accommodation.
18.84.010 Applicability.
The regulations specified in this title are subject to the general provisions and exceptions set out in this chapter. (Ord. 946 § 2 (part), 1981).
18.84.020 Rules governing use of zoning map and symbols.
Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules apply:
(a) Where the boundaries are indicated as approximately following property, street or alley lines, such lines shall be construed to be the boundaries.
(b) In unsubdivided property and where a district boundary divides a lot, the location of the boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map.
(c) A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries.
(d) Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property apply equally to the vacated or abandoned street or alley. (Ord. 946 § 2 (part), 1981).
18.84.030 Regulations are minimum.
In interpreting and applying the provisions of this title, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare. (Ord. 946 § 2 (part), 1981).
18.84.040 Relationship to other regulations.
(a) Where conflict occurs between the regulations of this title and any building code or other regulations effective within the city, the more restrictive of any such regulations shall apply.
(b) It is not intended that this title shall interfere with or abrogate or annul any easement, covenants or other agreements now in effect; provided, however, that where this title imposes greater restrictions than are unposed or required by other ordinances, rules or regulations, or by easements, covenants, or agreements, the provisions of this title apply. (Ord. 946 § 2 (part), 1981).
18.84.050 Accessory uses.
The following accessory uses, in addition to those hereinbefore mentioned, are permitted:
(a) The renting of rooms and/or the providing the table board for not more than four paying guests in a dwelling;
(b) The operation of necessary service facilities and equipment in connection with schools, colleges and other institutions when located on the site of the principal use;
(c) Recreation, refreshment and service buildings in public parks, playgrounds and golf courses;
(d) Off-street parking areas in conjunction with commercial uses may be permitted in R districts on properties adjoining C or M districts upon the securing of a use permit in each case;
(e) On any lot in any residential district, there may be kept not to exceed twelve fowl other than roosters, quacking ducks, geese, guinea fowl or peafowl, and there may be kept not to exceed four rabbits or guinea pigs; provided, that no such livestock shall be maintained closer than forty feet to any dwelling now existing or hereafter erected or established. (Ord. 946 § 2 (part), 1981).
18.84.070 Yards and fences.
(a) No yard or other open space provided about any building for the purpose of complying with the regulations of this title shall be considered as providing a yard or open space for any other building or structure.
(b) In any case where a setback line, building line or official plan line has been established, the required yards on the street frontages of lots shall be measured in accordance with such lines and in no case shall the provisions of this title be construed as permitting any structure to extend beyond such line.
(c) Garages, carports and other accessory buildings may be attached to and have a common wall with the main building, or, when located as required by this title, may be connected thereto by a breezeway.
(d) In any R district where fifty percent or more of the building sites in any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum requirement of that specified for the district but in no case less than fifteen feet. Where adjoining lots are improved with buildings, the front yard required for a vacant building site shall be the average of the yards within sixty feet of the site of each side thereof.
(e) Fences in all residential (R) districts shall not exceed six feet in height in the rear yard of any lot or seven feet in height in any interior rear yard or interior side yard up to the front yard for the property. Fences in all residential (R) districts shall not exceed three and one-half feet in height within the front yard and within the street side yard of corner lots.
(f) Barbed wire, razor wire, concertina wire, serpentine wire and similar security fencing is incompatible with community design standards and is prohibited unless individually approved based on substantial evidence by issuance of a planning commission use permit; or unless required by any law or regulation of the city, the state of California, federal government, or agency thereof. When considering an application for such fencing, for any property in the central business district, medical arts district and any commercially zoned property, the commission shall consider:
(1) Substantial evidence that such fencing is needed.
(2) The visibility of such fencing from public rights-of-way, public trails, open space, and public parks.
(3) The feasibility of other, more attractive, fencing options such as wrought iron or steel tubing.
(4) The feasibility of other security options.
Such barbed wired, razor wire, concertina wire, serpentine wire and similar security fencing is prohibited in any residential districts or on commercial and manufacturing zoned properties that abut a residentially zoned property.
In manufacturing districts outside the central business district or medical arts district, such security fencing may be allowed, through a minor use permit, provided the fencing is not located on a primary street frontage.
Existing barbed wire or similar security fencing in existence at the time of the adoption of Ordinance 1437 and located in the historic district boundaries must show evidence of architectural review or other city approval or it shall be conclusively presumed such fencing does not comply with and has not received required design review approvals. Upon notice by the city that such fencing is in violation of the city design review and historic district ordinance, the property owner of such fence may apply for a use permit to keep the barbed wire or similar security fencing or remove said fencing material. In reviewing the use permit the commission must consider:
(5) Substantial evidence that such fencing is needed.
(6) The visibility of such fencing from major thoroughfares as determined by the planning commission.
(7) The feasibility of other, more attractive, fencing options such as wrought iron or steel tubing in areas highly visible to the general public.
(8) The feasibility of other security options.
(9) In considering the use permit, the commission, in its discretion, may allow existing unobtrusive barbed wire or similar security fencing to remain until such time as it must be repaired, replaced or altered due to maintenance or reconstruction.
(g) Swimming pools may be installed in rear yards provided:
(1) There is a three-foot setback from the property line as measured from the water line;
(2) A six-foot fence separates the pool from a public right-of-way; and
(3) If a gate is installed it must be automatically closing and lockable.
(h) Structures in the residential districts may extend into yards only in the following cases:
(1) Fireplaces or chimneys may project into the side or rear yard twenty-four inches for a length of ten feet measured parallel to the side or rear line of the building.
(2) Uncovered steps or landings not over thirty-six inches high may project into the side or rear yard three feet for a length of ten feet measured parallel to the side or rear line of the building.
(3) Eaves and other roof projections may project into a side yard for a distance not to exceed thirty inches; provided, however, the eaves may project not closer than thirty inches to a side property line.
(4) Eaves, porches and other roof projections may project into a rear yard, but no closer than ten feet to the rear property line.
(5) Balconies may project five feet into required yards; provided, however, no balcony shall project into a side or rear yard which is less than ten feet in width.
(6) Porches may project into the front yard, but no closer than ten feet to the front property line.
(7) Accessory buildings as provided in Section 18.96.010.
(8) Parking spaces and driveways as provided under Section 18.60.040.
(i) For any legally created lot within a residential zone district that has an area less than six thousand square feet and a width of less than sixty feet, the required yards may be reduced as follows:
(1) Front Yard. There shall be a front yard depth of not less than twenty feet.
(2) Side Yard. There shall be a side yard on each side of the building of not less than three feet.
(3) Rear Yard. There shall be a rear yard depth of not less than ten feet.
(j) Patios with open roofs (less than fifty percent coverage), sun shades, trellises, arbors and similar structures which are not enclosed on the sides except for required roof supports may project into the required yards as follows:
(1) To within thirty inches of the side property line;
(2) To within ten feet of the side street property line (not applicable to compact lots);
(3) To within five feet of the rear property line. (Ord. 1437 § 4, 2022; Ord. 1314 § 1, 2007; Ord. 1304 § 6(A), 2006: Ord. 1299 §§ 32 and 33, 2005; Ord. 1261 § 1 (part), 2000; Ord. 1151, 1993; Ord. 1104 § 1, 1991; Ord. 974 § 19, 1982: Ord. 946 § 2 (part), 1981).
18.84.080 Height exceptions.
Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than twenty-five feet above the height limit established for the district in which the structures are located; provided, however, that no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial advertising purposes. Additional heights may be permitted upon the approval of a use permit by the planning commission. Height limitations provided in this section shall not apply to public utility transmission and distribution towers and pole lines. (Ord. 1261 § 1 (part), 2000: Ord. 1151, 1993; Ord. 1112 § 86, 1991; Ord. 946 § 2 (part), 1981).
18.84.090 Setback from levee.
A ten-foot clearance of all buildings, structures, or obstructions shall be maintained at the landward toe of the levee within the city for levee maintenance purposes. (Ord. 946 § 2 (part), 1981).
18.84.100 Compact lots.
In variation to the minimum lot area and lot width regulations of this code for areas located west of A Street, any legal lot of record prior to the effective date of the ordinance codified in this section may be adjusted or divided into one or more compact lots as long as the final lots have minimum areas of three thousand square feet and minimum widths of forty feet. New compact lots shall comply with the following provisions:
(a) The new lots shall not result in a housing unit density greater than provided for under the Marysville general plan for the subject property.
(b) For lots with existing buildings, the resulting lots shall not result in violation of any requirements for yards, off-street parking or any other conditions required in this code.
(c) The new lot sizes and widths will be at least the same or greater size as the majority of existing residentially zoned lots within a two-hundred-foot radius of the new lots.
(d) The new lots are in keeping with the general character of the development of the neighborhood. (Ord. 1304 § 7, 2006).
18.84.110 Reasonable accommodation.
This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.
(a) Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this title or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or developmental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
(1) A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
(2) A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.
(3) A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.
(b) Application Procedure. Requests for reasonable accommodation shall be submitted to the community development department and shall contain the following information:
(1) The applicant’s name, address, and telephone number.
(2) Address of the property for which the request is being made.
(3) The current actual use of the property.
(4) The basis for the claim that the individual is considered disabled under the Acts.
(5) The zoning ordinance provision, regulation, or policy from which reasonable accommodation is being requested.
(6) Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
(c) Review.
(1) Minor Use Permit. Requests for reasonable accommodation shall be reviewed by the city planner or his/her designee if no approval is sought other than the request for reasonable accommodation. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made following a public hearing and in accordance with the findings and decision as established below.
(2) Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority responsible for reviewing the discretionary land use application. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.
(3) Findings and Decision. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
(A) Whether the housing, which is the subject of the request, will be used by an individual considered disabled under the Acts.
(B) Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
(C) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
(D) Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use, zoning, or the local coastal program.
(E) Potential impact on surrounding uses.
(F) Physical attributes of the property and structures.
(G) Alternative reasonable accommodations that may provide an equivalent level of benefit.
(4) Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall be rescinded in the event that the person for whom the accommodation was requested no longer resides on the property. (Ord. 1372 § 8, 2015).