The "height of a building" means the vertical distance as measured from finished grade to the highest point of the structure or object being measured. Building height does not include chimneys, antennas or other appurtenant structures.
(Prior code § 3-1-B-1; Ord. 960-06 § 17)
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building, fire or parapet walls, flag poles, chimneys, skylights, solar collectors, TV antennas and similar structures may be erected above the height limits prescribed herein, but no penthouse, roof structure or occupied roof decks, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional building area for occupancy.
(Prior code § 3-1-B-1.1; Ord. 598-88 § 4; Ord. 960-06 § 18)
"Average width" means the average width of a portion of a lot or parcel of land which portion has the required area, or the average width of that portion of an irregularly shaped lot or parcel of land which portion is determined by the director to be an adequate building site.
(Prior code § 3-1-B-2)
As used in this chapter "required width" means:
A. 
The average width of a lot which is shown as part of a subdivision recorded as a final map or filed as a record of survey map in accordance with law, except that where a parcel which otherwise would have been shown as one lot is divided into two or more lots because of the city boundary line or a line between land, the title to which is registered under the Land Title Law (Torrens Title) and land the title to which is not so registered, in which case the "required width" means the average width of such parcel;
B. 
The average width of a lot, or parcel of land the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has the right of possession of any contiguous parcel of property; provided, that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the city council of the ordinance which imposes the width requirement upon such lot or parcel of land; or
C. 
The width specified by any legislative restriction except in those cases in which the commission is approving a tentative map of a subdivision, as provided in Title 16.
(Prior code § 3-1-B-3)
If a lot or parcel of land has not less than the required width and after the creation of such lot or parcel of land a part thereof is acquired for public use in any manner including dedication, condemnation or purchase, if the remainder of such lot has an average width of not less than forty feet, such remainder shall be considered as having the required width.
(Prior code § 3-1-B-4)
A. 
The owner or owners of two or more contiguous lots or parcels of land, one or more of which has a width of less than fifty feet, may file a map with the city merging such lots or parcels of land into the same or a lesser number of parcels. The planning commission may approve such maps, if:
1. 
The areas of the parcels created by such map are either equal to the required area or the area of the original parcels.
2. 
The resulting parcel of such map has a lot width not less than that of the original lot or parcel of land.
3. 
The division made by such map tends to promote the public health, safety, comfort, convenience, general welfare and other purposes of this chapter to a greater extent than the division into the original lots or parcels of land.
B. 
Each parcel shown on a map approved by the planning commission pursuant to this section shall be deemed to have the required width.
(Prior code § 3-1-B-5; Ord. 960-06 § 19)
Any development proposal that consists of or results in two or more dwelling units and is to be located on a lot or parcel of land that has less than forty feet of street frontage shall be submitted to the planning commission for review and consideration at a duly noticed public hearing.
(Ord. 960-06 § 20)
A. 
Where, prior to the territory being zoned R-1 or R-2, lots exist not less than one hundred feet deep but less than fifty feet wide, if two or more such contiguous lots, or one or more such contiguous lots and one or more lots also contiguous thereto which have a depth of not less than one hundred feet, have a total frontage of not less than fifty feet, such lots may be treated and considered as one parcel.
B. 
If such parcel is in zone R-1, two single-family dwellings may be constructed thereon and so used. If such parcel is in zone R-2 two single-family dwellings or two two-family dwellings or one single-family dwelling and one two-family dwelling may be constructed thereon and so used.
(Prior code § 3-1-B-6)
A. 
As used in this chapter, "required area" means:
1. 
The area of a lot which is shown as part of a subdivision recorded as a final map or filed as a record of survey map in accordance with law, except that where a parcel which otherwise would have been shown as one lot is divided into two or more lots because of city boundary line or a line between land the title of which is registered under the Land Title Law (Torrens Title) and land the title to which is not so registered, in which case "required area" means the area of such parcel;
2. 
The area of a lot, or parcel of land the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has a right of possession of any contiguous parcel of property; provided, that the deed of contract of sale by which such right of possession was separated has been recorded prior to the adoption by the city council of the ordinance which imposes the area requirements upon such lot or parcel of land;
3. 
The width specified by any legislative restriction except in those cases in which the commission in approving a tentative map of a subdivision as provided in Title 16;
4. 
An average width of sixty feet if the required area is seven thousand square feet or more;
5. 
An average width of fifty feet where there is a required area and such required area is less than seven thousand square feet. If there is no required area, there is no required width.
B. 
No construction shall be permitted in the city upon any lot or parcel of land less than five thousand square feet in area, except lots less than five thousand square feet in area which were created legally prior to the effective date of the ordinance codified in this chapter (October 21, 1964).
(Prior code § 3-1-B-7)
If a lot or parcel of land has not less than the required area and after the creation of such lot or parcel of land a part thereof is acquired for public use in any manner including dedication, condemnation, or purchase, if the remainder of such lot or parcel has not less than seventy-five percent of the required area, such remainder shall be considered as having the required area.
(Prior code § 3-1-B-8)
Notwithstanding any other provision of this code or of the ordinances of the city, the construction of one single-family residence shall be permitted on any lot having a minimum area of not less than two thousand eight hundred square feet where such lot is located on the north side of Rosecrans Avenue between Jefferson Avenue and Larch Avenue and where such lot area was reduced below four thousand five hundred square feet by reason of the acquisition of a portion thereof by the city for the widening and improvement of Rosecrans Avenue.
(Prior code § 3-1-B-9)
A. 
When more than one single-family residence in zones R-1 and P or more than two single-family or one two-family residence in zone R-2, or more than four dwelling units in one-family or two-family residences in zones R-3 or R-4 are established, constructed, occupied, structurally altered or used on a lot or parcel of land having twice the required area or more, the owner of such lot or parcel of land shall file in the office of the commission, for the administrative records and for revision and verification of compliance, a plot plan showing the size of the said lot or parcel of land, the use and location of the buildings and the area provided for each such residence as herein required.
B. 
Prior to the approval of the plot plan, the commission shall conduct a public hearing thereon, such hearing to be conducted in accordance with the rules and procedures established by the commission. Notice of the time and place of the public hearing shall include a general description of the matter to be considered and the location of the project, and shall be given at least ten days prior to the hearing in the following manner: by posting the notice in at least three public places in the city, including at least one notice in the affected area; by mail or delivery of the notice to the project proponent and to all persons, including businesses, corporations, or other public or private entities shown on the last equalized assessment roll as owning real property within three hundred feet of the subject property; and by giving such other additional notice as deemed appropriate by the commission.
(Prior code § 3-1-B-12)
A. 
In the event that the plans show that the proposed development of the property will violate any provision of this chapter, will not maintain the character and integrity of the district in which such use is intended to be established, erected, constructed, occupied, structurally altered or used, or will be detrimental to the general welfare of the community, the director may require such revision of the plan as may be necessary to correct these conditions.
B. 
Where more than one dwelling is constructed on one lot or parcel of land, the buildings shall be so located that the lot or parcel of land can be divided into smaller parcels or lots, each of which will contain not less than the required area, and on each of which when considered as a separate lot or parcel, the number and location of buildings will comply with the requirements of this title.
(Prior code § 3-1-B-13)
In the event that two or more buildings are built in zones R-1, R-2, R-3 or R-4, every building on a lot shall be located not less than six feet from any other building on the lot whether such buildings are located on the lot or not.
(Prior code § 3-1-B-14; Ord. 724-93 § 7)
Where a building or structure is lawfully located on property acquired for public use (by condemnation, purchase, or otherwise) such building or structure may be relocated on the same lot or parcel of land, although such building or structure is existing by virtue of an exception either automatic or not, or otherwise, or although the area or width regulations of this chapter or both cannot be complied with. Where any part of such building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed, or remodeled, with the same or similar kind of materials as used in the existing buildings.
(Prior code § 3-1-B-16)
Except as otherwise provided in this division, a person shall not divide any lot or parcel of land, and shall not convey any lot or parcel of land or any portion thereof, if as a result of such division or conveyance the area or width and size of any lot or parcel of land created does not meet the minimum lot size and dimensions of the underlying zones.
(Prior code § 3-1-B-17; Ord. 770-94 § 5; Ord. 960-06 § 22)
In all zones the maximum height of fill shall meet the requirements of Chapter 7 of the Uniform Building Code, and shall not exceed one and one-half feet above existing grade. Refer to Section 17.08.260 of this code.
(Ord. 724-93 § 36)