Chapter 17-34 Supplementary Regulations

17-34-010 Lot area and width; sewage system required.

17-34-020 Yards.

17-34-030 Building height.

17-34-040 Radio antennae and towers.

17-34-050 Wind-powered mechanical and electrical equipment.

17-34-060 Refuse and recycling areas.

17-34-010 Lot area and width; sewage system required.

(A) Where an individual lot was held in separate ownership from adjoining properties or was platted prior to the effective date of the ordinance codified in this title in a recorded subdivision and has less area or less width than required in other sections of this title, such a lot may be occupied according to the permitted uses provided for the district in which the lot is located; provided that no lot area or lot width is reduced more than one-third of the zoning requirements otherwise specified by this title.
(B) For the purpose of complying with the provisions of this title, no part of an area or width of a lot shall be included as an area or width required for another lot.
(C) Every principal building hereinafter erected upon a tract of ground not served by a public sanitary sewage system shall be served by a private sanitary sewage system which complies with all state and county regulations.
(D) No lot shall have a front lot line or street frontage of less than forty feet. (Ord. 149 Art. 18 §8, 1973)

17-34-020 Yards.

(A) Major highway setback. The setback for any yard adjacent to a major highway as designated on the zoning district map shall be one hundred ten feet from the centerline of the right-of-way; except that where more than fifty percent of the block is developed with buildings having less setback, the average front line of such buildings shall be the minimum setback requirement for all new construction in such developed block.
(B) Developed areas. In any district where lots comprising fifty percent or more of the frontage on one side of a street between intersecting streets have been improved with buildings at the time of passage of the ordinance codified in this title, the average front yard or setback of such buildings shall be the minimum front yard or setback required for all new construction in such block. Vacant lots shall be calculated at the present setback requirement to determine the block average. In no instance shall the setback be less than ten feet.
(C) Reduction. No part of a yard required for any building for the purpose of complying with the provisions of this title shall be included as a yard for another building, and all yards shall be open and unobstructed except as otherwise provided in this title.
(D) Architectural features. Cornices, canopies, eaves, or similar architectural features may extend into a required yard not more than two feet.
(E) Fire escapes. Fire escapes may extend into a required yard not more than six feet.
(F) Decks, garages, carports, and porches. In any non-PUD district, decks, garages, carports, or porches may extend not more than six feet into any front or rear yard setback.
(G) Reversed corner lots. The side yard along the street side of a reversed corner lot shall be not less than the required front yard for principal buildings along such a side street.
(H) Accessory buildings. Permitted accessory buildings may be located in the required side or rear yard of a principal building, provided that such accessory buildings are located at least seven and one-half feet from any principal building or from another accessory building and not located in any side yard adjacent to a street. (Ord. 149 Art. 18 §9, 1973; Ord. 1020 §1, 1993)

17-34-030 Building height.

(A) All dwellings shall be constructed with at least fifty percent of the roof surface higher than seven feet from grade.
(B) It shall be unlawful to construct, build, or establish any building, tree, smokestack, chimney, flagpole, wire, tower, or other structure or appurtenance thereto which may constitute a hazard or obstruction to the safe navigation, landing, and take-off of aircraft at a publicly-used airport.
(C) Approvals of buildings of a height greater than permitted in this title may occur when approved by the city in accordance with chapter 17-30. (Ord. 149 Art. 18 §10, 1973)

17-34-040 Radio antennae and towers.

The height above grade of all privately owned and operated radio towers shall not exceed fifty feet, with a maximum of an additional two feet for the antenna. Approvals of antennae higher than permitted in this section may occur when approved by the city in accordance with chapter 17-30. Privately owned and operated radio towers or antennae shall be set back at least ten feet from any lot line, and shall not be located in any front yard. (Ord. 149 Art. 18 §11, 1973; Ord. 250 Art. 1, 1975)

17-34-050 Wind-powered mechanical and electrical equipment.

Devices for the conversion of wind energy to mechanical or electrical energy are not a use by right in any zoning district. Such devices are a use permitted by special review in accordance with chapter 17-30. (Ord. 495 §1, 1982)

17-34-060 Refuse and recycling areas.

(A) All new and significantly remodeled structures where refuse is generated by the use of the structure shall provide adequate space for the collection and storage of refuse and recyclable materials.
(B) Significantly remodeled, for purposes of this section, means structures where the value of additions or renovations is fifty percent or more of the fair market value of the structure prior to the additions or renovations. The value of the additions shall be as determined by the chief building official or the chief building official's authorized representative. The fair market value of the structure shall be the current actual value of the structure as determined by the county assessor. A party who disagrees with the decision of the chief building official or his or her authorized representative may appeal the decision to the building and construction review board.
(C) The following structures are exempt from the provisions of subsection (A) above: single-family dwellings; and multi-family dwellings where there are no central or communal refuse or recycling collection or storage facilities or where refuse and recyclable materials are stored and collected on an individual unit basis.
(D) The amount of space provided for the collection and storage of recyclable materials must be at least as large as the amount of space provided for the collection and storage of refuse materials, and shall be designed to accommodate collection and storage containers consistent with the recyclable materials generated. Exception may be granted by the city and county manager or a designee thereof for existing buildings where this provision will negatively impact parking stall requirements.
(E) Storage and collection containers shall be clearly labeled or identified to indicate the type of materials accepted. Recyclable materials storage areas shall be located adjacent to refuse collection and storage areas in order to provide convenient recyclable materials drop-off and storage.
(F) Refuse and recycling areas shall be enclosed such that they are screened from public view. The enclosure shall be constructed of durable materials, such as masonry, and shall be compatible with the structure to which it is associated. Gates on the enclosures shall be constructed of metal or some other comparable durable material, shall be painted to match the enclosure, and shall be properly maintained. (Ord. 1739 §2, 2003)