§ 17.44.030. Exceptions  


Latest version.
  • The requirements of the zones set forth in this title shall be subject to the following exceptions:

    A. Lot Size and Width.

    1. In an R-1 zone, a lot of less than seventy (70) feet in average width and less than seven thousand (7,000) square feet in area may be occupied by a use permitted within the zone, provided that the lot was held under separate ownership at the time this title became effective and provided all other requirements of the zone are met;

    2. In an R-2 zone, a lot of less than fifty (50) feet in average width and less than five thousand (5,000) square feet in area may be occupied by a use permitted within the zone, provided that the lot was held under separate ownership at the time this title became effective and provided all other requirements of the zone are met;

    3. Lot size and dimension standards shall be increased above the minimums established by this title, when it is determined by the Department of Environmental Quality or its authorized county agent for on-site sewage disposal that additional area or dimension is needed to accommodate a subsurface sewage disposal system.

    B. Setback Requirements.

    1. Through lots shall have a minimum yard of fifteen (15) feet facing each street;

    2. Where a side or rear yard opens onto an alley one-half of the width of the alley may be included toward meeting the yard requirement;

    3. Front, side and rear yard requirements shall be waived for dwellings, hotels, and rooming houses erected above the ground floor of a building provided the ground floor is designed and utilized for commercial or industrial purposes;

    4. For the purpose of yard regulations buildings with a common wall shall be considered as one building;

    5. The distance between any two principal buildings sited on one lot shall be a minimum of ten (10) feet.

    C. Obstruction. Every part of a required yard shall be open from the ground to the sky unobstructed except for the following:

    1. Accessory building, subject to other requirements in this title;

    2. Fence, wall or similar feature designed to delineate property boundaries;

    3. Playground equipment;

    4. Above or below ground swimming pool, spa or hot tub;

    5. Flagpole or antenna;

    6. Building projection such as a cornice, eave, sill or similar architectural feature not to project more than twenty-four (24) inches into any yard;

    7. Chimney projection when not obstructing light, air or access;

    8. Other structures similar to the above listed structures. The zoning official shall determine whether a specific structure is acceptable. The zoning official shall either approve or deny the structure, or, refer it to the planning commission for a decision. A decision of either the zoning official or planning commission may be appealed to the city council as provided by Section 17.64.050 of this title;

    9. The placement of any structure shall be consistent with the vision clearance requirements set forth in Section 17.44.050 of this chapter.

(Ord. 339 § 6, 2006: Ord. 273 § 5.030, 1998)