The development standards contained within this chapter supplement
the development standards and special provisions that apply within
each use district. The general provisions and the special standards
shall govern all uses and structures in every zone in addition to
the development standards within each zone. No structure or use may
hereafter be constructed, substantially changed, relocated, operated,
occupied, established, or maintained on a lot unless it conforms to
all the general provisions and the development standards that apply
within the zone in which it is located.
(Ord. 1259 § 1, 2013)
A. Architectural
projections including eaves, awnings, louvers, and similar shading
devices; sills, belt courses, cornices, and similar features; and
flues and chimneys may project into required yard areas as identified
in Table 25.40-1 (Projections).
Table 25.40-1: Projections 6
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Maximum Projection into Required Setbacks
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Minimum Setback from Property Lines
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All projections (unless otherwise specified)
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|
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- Front, rear, or street side yard
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6′-0″
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3′-0″
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- Internal side yard
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2′-0″
|
3′-0″
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Oriel or bay window1
|
|
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- Front, rear, or street side yard
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3′-0″
|
3′-0″
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- Internal side yard
|
2′-0″
|
3′-0″
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Porches and steps2
|
|
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- Front, rear, or street side yard
|
6′-0″
|
3′-0″
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- Internal side yard
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2′-0″
|
3′-0″
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Balconies (over 6′-0″ above ground)
|
|
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- Front or rear yard
|
6′-0″
|
5′-0″
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- Internal side yard
|
5′-0″
|
5′-0″
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- Street side yard
|
5′-0″
|
3′-0″
|
Open stairways3 (all yards)
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4′-0″
|
3′-0″
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Covered patios4
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|
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- Rear yard
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8′-0″
|
3′-0″
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- Side yard (within 35 feet of rear lot line)
|
5′-0″
|
5′-0″
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- Maximum coverage of rear yard
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50%
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Underground structure5
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No limit
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5′-0″
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Notes:
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1
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Limited to a maximum width of 10′-0″ or 50% of
façade length, whichever is greater.
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2
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No roof. The railing height from ground level (measured at property
line) to the top of the railing cannot exceed 6′-0″.
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3
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Open, unenclosed fire escapes and fireproof outside stairways.
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4
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Attached to a main structure only. If detached, the patio cover
is considered an accessory structure.
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5
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Maximum height of any underground structure from grade (at property
line) is 2′-0″.
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6
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All portions of accessory dwelling units (ADUs) and junior accessory dwelling units shall comply with the minimum required setbacks established under Section 25.34.030.
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Figure 25.40-5: Projections into Required Setbacks
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B. Projections over public property in commercial zones. Building
projections into public rights-of-way in commercial zones shall be
regulated by the currently adopted Uniform Building Code.
(Ord. 1259 § 1, 2013; Ord. 1393 § 16, 2023)
Detached accessory buildings and structures, except as otherwise
controlled by this chapter or located within the building envelope
established by the zoning district, shall be subject to the following
regulations:
A. Placement requirements. The placement or construction of an
accessory building or structure on a parcel shall not exceed the maximum
lot coverage allowed by the zone. Accessory buildings or structures
are permitted on residential properties subject to the following placement
requirements:
1. In
the rear yard setback, subject to the standards listed below.
2. In
the side yard setback, if the following conditions can be met:
i. The side yard is enclosed by a solid wall or fence,
ii. The maximum structure height does not exceed 7 feet,
iii. The structure is set back a minimum of 3 feet from the side yard
property line,
iv. The placement of the structure shall not block any required emergency
ingress or egress (minimum of 3 feet) to or from the residence.
B. Enclosed buildings. Enclosed buildings including, but not
limited to, storage sheds, greenhouses, and detached garages are permitted
subject to the following:
1. Enclosed
buildings less than, or equal to, 8 feet in height are permitted on
all residential lots, with a minimum set back from a property line
a distance equal to its height.
2. Enclosed
buildings greater than 8 feet in height, but less than 14 feet in
height, are permitted on lot sizes greater than 12,000 square feet
in area. Enclosed buildings shall not occupy more than 25 percent
of the required yard setback, and shall be set back from any property
line a distance equal to its height.
3. Enclosed buildings greater than 14 feet in height are permitted on lot sizes greater than 40,000 square feet in area. Buildings and structures with a maximum height of 18 feet, one-story, and with a set back from property line at a distance equal to its height, may be permitted subject to approval of a conditional use permit as described in Section
25.72.050.
C. Open structures. Open, non-habitable, structures, including,
but not limited to, playground equipment, gazebos, arbors and trellises,
are permitted with a maximum height of 10 feet above grade and if
set back from property lines a distance equal to the structure's height.
Playground equipment and other structures with elevated platforms
are limited to a maximum platform height of 5 feet. Structures with
elevated platforms shall require additional landscape screening to
restrict views into neighboring residences. Landscape improvements
shall include placement of shrubs and trees along the rear and side
property lines.
D. Temporary structures. Temporary structures including, but
not limited to, fabric tents, are permitted for placement outside
of the standards listed above. No single property shall place any
temporary structure for a length of time greater than 4 consecutive
days and no more than 5 times per calendar year.
E. Prohibited structures. Roof decks and roof deck structures
are prohibited.
F. Non-conforming accessory buildings and structures. Existing
accessory buildings and structures located on private property at
the time of the ordinance codified in this chapter, which do not comply
with the requirements of this chapter as amended, shall be deemed
non-conforming uses, and shall be made to comply, be removed, or demolished
within 1 year of the ordinance codified in this section being adopted.
(Ord. 1259 § 1, 2013; Ord. 1267A § 1, 2014)
Private swimming pools and equipment shall be permitted on residential
lots in accordance with the standards listed below.
1. The
water perimeter of the pool shall be no closer than 5 feet from any
property line unless appropriate engineering documentation is provided
which shows that the pool will not create a surcharge problem on structures
at the property line. With appropriate documentation the minimum setback
may be reduced to 2 feet from the property line.
2. All
swimming pool equipment shall be housed in a building or be located
behind a screen wall of sufficient height to obscure said pool equipment
from public view.
3. Swimming
pool equipment shall be located a minimum of 5 feet from any property
line. With appropriate structural documentation, the minimum setback
may be reduced to 2 feet from the property line.
Figure 25.40-8: Swimming Pools and Equipment Standards
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(Ord. 1259 § 1, 2013)
Private tennis courts/sports courts are subject to review and
approval by the ARC and shall be constructed consistent with the following:
1. A
minimum 10-foot setback shall apply from side and rear property lines,
and a minimum 20-foot setback shall apply to the front property line.
2. No more than 1 tennis court and 1 sports court for each residential parcel of land unless a conditional use permit in accordance with Section
25.72.050 is approved by the Commission.
3. Private
tennis courts/sports courts shall not be used for commercial purposes,
and shall be used only by the property owner and guests or tenants
of the property owners.
4. All
tennis courts/sports courts fencing shall not exceed 10 feet in height
as measured from the elevation at the adjacent property line, and
shall be screened from public view and adjacent property with a combination
of walls, berms and landscaping.
5. A
landscape and irrigation plan shall be provided for review and approval
by the ARC.
6. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter
24.16 (Outdoor Lighting Requirements).
7. If
the tennis/sports court is depressed at least 4 feet below the existing
grade or the fence is no more than 6 feet above the adjacent grade
then the court may be located to within 5 feet of the side and rear
property lines.
8. Design
and orientation of new or converted sports courts shall be subject
to ARC review to ensure minimal impacts on adjacent properties. Applications
for new or modified sport courts shall submit documentation demonstrating
the proposed sport court will not cause adverse noise impacts to residential
uses on adjacent properties.
Figure 25.40-10: Private Tennis Courts and Sports Courts
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(Ord. 1259 § 1, 2013; Ord. 1393 § 17, 2023)
A. Purpose and applicability. The development standards provided
in Table 25.40-2 (Location, Height and Material Standards by Fence
Type) apply to fences and walls within the RE, R-1, R-2, R-3 and PR
district on residential lots. The purpose is to specify location,
material, and review procedures to remove all ambiguity and achieve
consistency throughout the City. The objective is to protect and reconcile
the often conflicting goals of aesthetics, privacy, security, view
sight lines, and drainage.
B. Review procedures. All applications for fences and walls may
be subject to on-site inspection prior to approval. Photographs of
the subject property and adjacent properties may be sufficient to
demonstrate any impacts the wall(s) may create. In addition, retaining
walls will require approval by the public works department.
C. Wall requirement—New residential construction. All new
residential construction shall include walls or fences of a minimum
of 5 feet in height enclosing rear and interior side yards.
Table 25.40-2: Location, Height and Material Standards by Fence
Type
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Fence Type
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Location
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Height (max or range)
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Materials
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Walls and Fences in Front and Side Setbacks
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Short fence
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7′-0″ from curb face1
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3′6″
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Decorative materials including decorative blocks, stucco or
wrought iron
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Moderate height fence
|
15′-0″ from curb face1,2
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3′7″ to 4′11″
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Decorative materials including decorative blocks, stucco or
wrought iron
|
Tall fence
|
20′-0″ from curb face
|
5′ to 6′
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Decorative materials including decorative blocks, stucco or
wrought iron
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Walls and fences at or behind building setbacks, visible from
ROW
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Behind front building setback (side yard tie-in fences, interior
side yard and rear-yard fences)
|
6′-0″
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Decorative block, precision block stuccoed or painted to match
house; wrought iron
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Walls and fences, not visible from ROW
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Behind front building setback
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6′-0″
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Block—all types; redwood, cedar or other approved decay-resistant
wood product; wrought iron
|
Retaining walls and combinations of retaining and wrought iron
fences (cut slope)
|
Rear or interior side property line associated with a cut slope
|
6′-0″ (highest adjoining grade)
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Decorative block, stucco or wrought iron
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Retaining walls (fill slope)
|
Rear or interior side property line associated with a fill slope
|
6′-0″ (lowest adjoining grade)3
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Solid wall materials
|
Combinations of retaining and wrought iron fences (fill slope)4
|
Combinations of solid retaining walls and wrought iron fences
located on a rear or interior side property line associated with a
fill slope
|
9′-0″ (lower adjacent grade) 6′-0″
(maximum combination fence height measured from the higher adjacent
grade)
|
Decorative block and/or stucco and wrought iron
|
Notes
|
1
|
Fences are not permitted within the public right-of-way.
|
2
|
Site inspection or photos shall ensure that visibility adjacent
to driveways and street corners shall not be impaired.
|
3
|
Where a fill slope retaining wall is proposed adjacent to a
vacant lot which does not currently meet the City's grading ordinance,
the City engineer shall determine the lower adjacent grade based upon
an assessment of the minimum grade required on that vacant lot to
meet the grade elevation drainage requirements.
|
4
|
In addition, the department of public works may require additional
measures to mitigate adverse impacts of fill conditional according
to the City's grading ordinance.
|
Figure 25.40-11: Walls and Fences in a Residential Zone
|
D. Maintenance of nonconforming fences.
1. Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. All repair and replacement of fence material shall be treated, painted, or finished so that the newer portions of the fence are indistinguishable from the existing fence. Changes in fence design or material type are not considered repair and shall be required to conform to the location and material standards listed in subsection
C of this section.
2. Existing nonconforming fences shall be maintained in good condition and in accordance with Section
8.70.060 of this code.
E. Exceptions procedures.
1. ARC
Review. Requests for exceptions to the above standards may be reviewed
and approved subject to the following findings:
i. That unusual circumstances exist which make the literal interpretation
and enforcement of the standards impractical or contrary to the purpose
of the ordinance codified in this section.
ii. The exception shall not result in damage to adjacent properties.
iii. Property owners adjacent to the proposed exception shall be informed
of the application at least 10 days prior to the ARC meeting.
iv. Exceptions for nonconforming materials, including wood and vinyl
fences, shall be based on architectural merit and compatibility with
the home's architectural style.
2. If
the property is within a gated community with a homeowners association
with a bona fide architectural review process and the applicant obtains
approval from that architectural review body, the City's architectural
review process may be waived.
F. Additional provisions for walls.
1. Measuring
Wall Height. Wall height shall be measured from the higher finished
grade adjoining the fence or wall.
Figure 25.40-12: Measuring Fence Height
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Figure 25.40-13: Retaining Walls
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2. Landscape
Plan Required. A formal landscape plan shall be required to be submitted
and approved by the City prior to the approval of any application
for a wall adjacent to a public street.
3. Undulation
of Walls. All walls adjacent to a public street shall be designed
to provide undulation (offset of at least 18 inches) or pilaster at
least every 30 feet of linear extent of the wall. Undulating walls
may encroach up to 18 inches into required wall setbacks.
Figure 25.40-14: Wall Undulations
|
4. Wall
Color. Walls shall be finished in a desert color.
(Ord. 1259 § 1, 2013; Ord. 1280 § 1, 2015)
A. Purpose. This section provides screening and landscaping requirements to block objectionable views and enhance the aesthetic appeal of Palm Desert streetscapes. Screening of parking lot facilities are contained in Section
25.52.050 (Parking Lot Landscaping Standards).
B. Screening materials and characteristics.
1. Except
as otherwise required by the provisions of this title, screening shall
consist of a solid wall or fence, vine-covered fence, or compact evergreen
hedge.
2. Hedge
material used as screening shall not be less than 3 feet in height
when planted and shall not be permitted to exceed the specified height
by more than 1.5 feet.
3. Where
trees are used, they shall have a mature height of not less than 20
feet and space no more than 20 feet apart from tree trunk to tree
trunk.
4. All
screening and landscaping shall be permanently maintained in orderly
condition by the owner. Plant material shall be watered, weeded, pruned,
and replaced as necessary to screen or ornament the site. A permanent
irrigation system shall be provided.
C. Rooftop equipment.
1. All
roof-mounted equipment in the single-family residential district including,
but not limited to, heating, exhaust fans, cooling, solar, and antenna
shall be screened to the greatest extent possible so as to preclude
viewing of same from adjacent residences, public ways and golf courses
(public or private). Exception: Satellite television antenna 39 inches
or less in diameter and other roof-mounted equipment such as evaporative
coolers or solar panels may be visible upon a showing that screening
of same would: (a) unreasonably delay or prevent installation, maintenance
or use; or (b) unreasonably increase the cost of installation, maintenance
or use; or (c) preclude reception of an acceptable quality signal.
2. All
rooftop equipment in commercial and industrial zones, including heating
and air conditioning units, shall be completely screened from surrounding
properties by use of a wall or fence or shall be enclosed within a
building.
D. Satellite receiving dish.
1. A
satellite receiving dish of 5 feet or more in diameter must conform
to the following standards depending on location:
a. Planned Residential Developments. Appropriate association approval
is required. The receiver is not to be visible from adjacent properties
or a public street.
b. Other Residential Areas. The receiver shall not be visible from the
street or be placed on a rooftop in a required front setback, or any
other required setback except a rear setback with no portion of receiver
located within 5 feet of a property line. Height from existing or
finish adjacent grade, whichever is less, shall not exceed 14 feet
if within 20 feet of a property line or 18 feet otherwise.
c. Commercial and Industrial Areas. ARC approval for design and screening
is required if receiver is visible from a public street or adjacent
property. The characteristics of the receiver to be evaluated are
the location, type (solid or mesh), color and screening.
E. Mechanical.
1. All
mechanical equipment in general commercial and industrial districts,
including heating and air conditioning units, shall be completely
screened from surrounding properties by use of a wall or fence or
shall be enclosed within a building.
F. Service Industrial district.
1. In
a Service Industrial district the required front yard and required
side yard on the street side of a corner lot, except for the area
occupied by necessary drives and walks, shall be landscaped with trees
and other plant materials suitable for ornamentation.
2. A
masonry wall at a minimum height between 5 and 7 feet shall be provided
along all property lines except those adjacent to public rights-of-way,
in which case a setback of 20 feet will be maintained.
3. A
dense hedge row at a minimum height of 7 feet shall be provided along
all property lines except for those adjacent to public rights-of-way;
in which case a setback of 20 feet will be maintained (common perimeter
screening between adjoining properties is allowable upon mutual consent
of the respective owners). Planting materials used for perimeter screening
shall be the type which shall, within 18 months after property development,
provide the intended screening effect.
4. Perimeter
screening will not be required if deemed unnecessary by the ARC, based
upon its approval of submitted development and landscaping plans which
establish to its satisfaction that attractive development will occur
in keeping with the intended residential/resort/recreational nature
of the community.
G. Planned residential district.
1. All
screening requirements for developments within the planned residential
(PR) district shall be determined by the ARC during its site plan
review proceedings.
H. Planned commercial district perimeter.
1. A
masonry wall at a minimum height of 7 feet shall be provided along
all property lines except for those adjacent to public rights-of-way,
in which case a setback of 20 feet will be maintained.
2. An
opaque hedge row at a minimum height of 7 feet shall be provided along
all property lines except for those adjacent to public rights-of-way;
in which case a setback of 20 feet will be maintained (common perimeter
screening between adjoining properties is allowable upon mutual consent
of the respective owners). Planting materials used for perimeter screening
shall be the type which shall, within 18 months after property development,
provide the intended screening effect.
3. Perimeter
screening will not be required if deemed unnecessary by the ARC based
upon its approval of submitted development and landscaping plans which
establish to its satisfaction that attractive development will occur
in keeping with the intended residential/resort/recreational nature
of the community.
I. Outside storage. No outside storage shall exceed the height
of actual perimeter screening.
(Ord. 1259 § 1, 2013; Ord. 1393 § 18, 2023)
On a corner lot, no fence, wall, hedge, structure or other obstruction,
except the natural grade of a site, within a triangular area formed
by the existing or future curb lines and a line connecting points
on the existing or future curb lines a minimum of 40 feet from the
intersection of the projection of the curb lines, shall exceed a height
of 3 feet above established grade at the edge of the street pavement
or the existing pavement or traveled way.
(Ord. 1259 § 1, 2013)
The colors of an existing building, structure, sign, wall, fence
or other improvements to real property that are visible from public
right-of-way shall not be significantly changed unless reviewed and
approved by the Director or ARC upon appeal. This shall be a no fee
process. For the purposes of this section "significantly changed"
means a change in hue, shade or intensity of color.
(Ord. 1259 § 1, 2013)
No building permit shall be issued for the purpose of establishing
a dwelling unit or units, a mobile home or mobile home park, or for
increasing the number of existing dwelling units or mobile homes on
a parcel or parcels of land until the Director has verified that the
parcel or parcels of land upon which such use or uses are proposed
to be established is in compliance with all applicable regulations
of the City's local park dedication or payment of fees in lieu thereof
requirement, as provided by the Subdivision Ordinance.
(Ord. 1259 § 1, 2013)