In this city, there are a number of private batting cages, private tennis-courts, and other private sport courts located in residential neighborhoods. The purpose of this chapter is to establish standards and regulations for all private batting cages, private tennis courts, and other private sport courts within any residential zone in the city. The standards and regulations adopted herein are designed and intended to minimize the negative impacts that can result to residents when these uses and structures are located in residential neighborhoods.
(Ord. 89 § 1, 1982; Ord. 372 § 1, 2008)
For purposes of this chapter, the following definitions apply:
A. 
A private sport court is a generally square or rectangular space that has a playing surface, paved or unpaved, designed to be used for playing or practicing tennis, badminton, paddle-tennis, volleyball, basketball, squash, or similar outdoor games. temporary playing surfaces on grass or dirt are not regulated by this zoning code.
B. 
A batting cage is a permanent or non-permanent outdoor space that is generally enclosed by fencing, netting, or some other barrier, and which is used for practicing baseball or softball hitting. A batting cage does not include equipment used in baseball or softball that is not generally enclosed, used for a temporary period and which can be dissembled, or compressed and moved after use (i.e. backstop, hitting nets, etc.).
C. 
A temporary batting cage is a batting cage that is non-permanent in nature, and shall be disassembled, or compressed and stored after each use. If the temporary batting cage is not disassembled, or compressed and moved, after each use, then it shall be considered a batting cage and be subject to all the applicable regulations for that use.
(Ord. 89 § 1, 1982; Ord. 372 § 1, 2008)
No person or persons shall construct, erect and maintain, or modify a batting cage, or private sport court in a residential zone without a use permit issued by the director of community development. No use permit shall be issued for a batting cage, or private sport court in a residential zone unless it conforms to the requirements of this chapter, and is an accessory use to a primary residential use on the same lot. A use permit will not be issued for a batting cage, or private sport court on a vacant residential parcel. A temporary batting cage shall be exempt from the requirement for a use permit and from the requirements of this chapter except for Sections 11.34.040(F) and (H) and 11.34.050.
(Ord. 89 § 1, 1982; Ord. 372 § 1, 2008)
Batting cages and private sport courts located in any residential zone, including any slabs, fences, overhead light-standards, or other fixtures accessory thereto, shall comply with the following subsections:
A. 
Location of Courts. Batting cages and private sport courts shall comply with the following location standards:
1. 
Side yard—Private sport courts, including any slabs, fences, overhead light-standards, or other fixtures accessory thereto, shall set back at least 15 feet from all side property lines. batting cages, including any slabs, fences, or other fixtures accessory thereto shall set back at least ten percent of the average width of the subject lot but in no case shall the required setback be less than five feet (5) or more than 15 feet. The director of community development may approve an encroachment into the side setback for batting cages upon a determination that the encroachment will not interfere with the reasonable use and enjoyment of adjacent or adjoining property, and that such use is consistent with the residential use of the neighborhood.
2. 
Rear yard—Private sport courts, including any slabs, fences, overhead light-standards, or other fixtures accessory thereto, shall set back at least 15 feet from the rear lot line. Batting cages, including any slabs, fences, or other fixtures accessory thereto shall set back at least ten feet from the rear property line. The director of community development may approve an encroachment into the rear setback for temporary batting cages upon a determination that the encroachment will not interfere with the reasonable use and enjoyment of adjacent or adjoining property, and that such use is consistent with the residential use of the neighborhood.
3. 
Front yard—Batting cages and private sport courts shall not be located in the front yard unless a conditional use permit is reviewed and approved by the planning commission.
B. 
Grade. The grade for a batting cage or private sport court proposed on sloping terrain shall be established as the surface level of the court at the lowest elevation of the natural terrain. Grading in excess of 50 cubic yards shall require review and approval of a conditional use permit by the planning commission. No grading is permitted in connection with the construction or use of any temporary batting cage.
C. 
Fencing. The height of any fence enclosing a private sport court shall not exceed ten feet above the finished surface of the court, and all portions of such fence shall be mesh, chain-link type fencing. Fencing for batting cages shall not exceed a height of 12 feet, and shall be constructed of materials which reduce noise associated with their use. All fencing for batting cages must be lined with a mesh-netting interior to capture balls and reduce noise during use. For all batting cages, padding and a hanging net in front of the rear backstop shall be provided behind home-plate to reduce noise resulting from balls hitting the back of the cage. All structural support posts and framing shall be padded to reduce noise.
D. 
Lighting. All batting cages and private sport courts shall be unlighted unless a conditional use permit has been obtained by the applicant from the planning commission. The following minimum standards shall be met in the installation of lights. In addition to the following standards, the planning commission may impose other conditions which are deemed appropriate.
1. 
Height. Light standards and fixtures for private sport courts shall not exceed 20 feet in height, measured from the finished surface of the court. Light standards and fixtures for batting cages shall not exceed 15 feet in height.
2. 
Hours of Illumination. Lights for private sport courts and batting cages shall be turned off between ten p.m. and seven a.m. A timer shall be installed on each private sport court and batting cage light such that it automatically shuts off within one hour of non-use.
3. 
Intensity Level. Lights for private sport courts and batting cages shall not blink or flash. Lighting shall be shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way. The intensity of lighting shall be measured by the director of community development to ensure that the light projected across property lines is not more than one footcandle above ambient levels.
4. 
Agreement Required. Each property owner and contractor installing light fixtures for private sport courts and batting cages shall execute an agreement available at the planning department, agreeing that the lights shall be installed and shielded so that the light source shall not be visible beyond the property line, and the light intensity shall not exceed one footcandle above ambient at the property line, and that, if it does, the conditional use permit issued pursuant to this chapter may be subject to revocation by the planning commission, in addition to other remedies available pursuant to law.
5. 
Existing Lighted Batting Cages and Private Sport Courts. Batting cages, temporary batting cages, and private sport courts constructed prior to the effective date of the ordinance codified in this chapter shall comply with the hours of illumination as stated in this section. If the existing light standards and fixtures are changed, or new light standards and fixtures are added, the new lighting shall comply with the provisions of this chapter in all respects.
6. 
Existing Unlighted Batting Cages and Private Sport Courts. No existing unlighted batting cage or private sport court shall have lights installed unless a conditional use permit is obtained, and the cage or court is brought into full compliance with the requirements of this chapter.
E. 
Landscape Plan. A landscape plan for the area between the private sport court or batting cage, and the adjacent property lines shall be submitted to and approved by the director of community development.
F. 
Batting Cage and Temporary Batting Cage Size. Batting cages and temporary batting cages shall be no larger than 70 feet in length; 12 feet in width; and 12 feet in height.
G. 
Public Notification and Comment on Use Permit Applications for Cages. Upon receipt of a completed application for batting cage use permit written notice will be mailed by the director of community development to property owners within a 300 foot radius of the subject property, indicating that such an application has been filed with the city. The notice will invite written comment on the subject from said property owners.
H. 
Equipment for Batting Cages and Temporary Batting Cages. Composite baseball bats or wooden baseball bats shall be used in all batting cages and temporary batting cages subject to this chapter. Aluminum or other metal bats shall not be permitted. Pitching machine dimpled baseballs, soft covered baseballs, and other similar types of balls shall be used to decrease the noise associated with batting practice. Regulation baseballs and softballs are prohibited because of the loud noise that accompanies their use during batting practice. Pitching machines shall be low-noise emitting, and approved by the director of community development.
I. 
Batting Cage Review. Use permits obtained for batting cages shall be reviewed by the director of community development one year following the issuance of said permit, in order to ensure compliance with the zoning code regulations in existence at the time of issuance of the permit, and to ensure compliance with any conditions of approval regarding its use.
(Ord. 89 § 1, 1982; Ord. 372 § 1, 2008)
A batting cage, temporary batting cage, or private sport court subject to the provisions of this chapter shall only be used by the occupants of the main residential dwelling on the same lot, or by their invited guests. A batting cage, temporary batting cage, or private sport court shall not be rented nor used as a private club, nor used for commercial purposes, except that batting or tennis instruction may be permitted on an individual basis provided a home occupation permit has been obtained.
(Ord. 89 § 1, 1982; Ord. 372 § 1, 2008)
The director of planning development may grant minor deviations to the construction and operation standards of unlit batting cages, temporary batting cages, or private sport courts, without an advertised public hearing, if it is determined that the deviations are warranted due to special circumstances on the property, and the applicant has received written approval of the deviation from all adjacent property owners. The director of planning development shall not grant deviations for lit batting cages or sport courts.
(Ord. 89 § 1, 1982; Ord. 372 § 1, 2008)