17.40.050 Development Standards for Specific Types of Accessory Buildings and Structures

17.40.050 Development Standards for Specific Types of Accessory Buildings and Structures.

In addition to the development standards of section 17.40.040 (General Development Standards), the following accessory buildings and structures have special standards and regulations:

A. Athletic Courts. Any athletic court shall be considered an accessory structure and may be located in areas permissible for accessory buildings and structures. Athletic courts may also be located on other portions of the lot, where accessory buildings and structures are normally prohibited, only upon issuance of a special structure permit; however, in no event shall an athletic court be closer to any side or rear property line than specified in Table 17.40.040-1 or closer to the front property line than the minimum front yard setback line of the main dwelling. These types of facilities are intended and are to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located. No commercial or advertised use of the skateboard ramp/BMX tracks shall be permitted and no donations or contributions shall be solicited or received for use of or attendance at skateboard ramp/BMX track activities. Any athletic court shall be constructed or erected in accordance with the following standards:

1. No enclosure or partial enclosure for an athletic court shall be permitted within ten feet of any side or rear property line or closer to the front property line than the front setback line.

2. No enclosure or partial enclosure of an athletic court shall be permitted to exceed nine feet in height from finished grade with the exception of a basketball backboard which is a part of the enclosure.

3. Nets (with the exception of basketball goal nets) which exceed nine feet in height from finished grade shall be removed or lowered to less than nine feet in height when not in use.

4. A structure which is used as a practice board or court wall shall be constructed of a minimum six-inch-thick masonry material unless located a minimum sixty feet from any property line.

5. No artificial lighting shall be constructed to illuminate an athletic court.

6. No lighting system or light elsewhere on the property (e.g., landscape lighting, porch lighting) shall be used to illuminate an athletic court.

7. Skateboard Ramps/BMX Tracks. The ramp/track shall be of such a scale and design and constructed of materials which will minimize noise, vibration, and other nuisance factors commonly associated with usage. Portions of the ramp/track may be located below ground level, but in no case shall any portion of the ramp/track exceed three feet in height above average natural grade, excluding handrails. The ramp shall comply with all pertinent sections of the Uniform Building Code and all zoning requirements of accessory structures. No motorized vehicles shall be allowed in conjunction with the track or ramp. Grading and drainage review is required.

8. Batting Cages. No enclosure or partial enclosure of a batting cage shall be permitted to exceed nine feet in height from average natural grade. Netting and sound baffling material shall be used on the enclosure to absorb the sound. No chain link fencing or other materials that generate sound shall be utilized. If the batting cage is enclosed with walls and a roof, it shall be considered an accessory building and count towards floor area.

B. Arbors and Trellises. Arbors, trellises, and pergolas are subject to the same development standards as other accessory structures listed in section 17.40.040 (General Development Standards). This includes adhering to the minimum setback standards and the maximum structure height of fifteen feet and maximum sidewall height of eleven feet (e.g., columns and posts are allowed to a maximum of eleven feet and pitched roofs are allowed to a maximum of fifteen feet). However, arbors, trellises, pergolas, and other such structures may be constructed without regard to the setback requirements if conforming to all of the following:

1. One or more such structures may be built in front of the required accessory structure front setback; provided, that such structures shall not exceed twelve feet in height, eight feet in width, nor a total for all such structures of eight feet in length (see figure 17.40.050-1, Setback Standards for Arbors and Trellises for Interior Lots);

2. Is not located closer than ten feet to any property line other than a public right-of-way (see figure 17.40.050-1, Setback Standards for Arbors and Trellises for Interior Lots);

3. Is substantially open to the passage of light and air in all aspects;

4. Is located outside of the clear visibility area; and

5. Is expressly for the purpose of and used for supporting vines, roses, or other vegetation (except trees and/or tree limbs).

6. Lighting shall be shielded or downlit so the source of the light is not visible from other properties.

Figure 17.40.050-1. Setback Standards for Arbors and Trellises for Interior Lots

C. Roof-Mounted Antennas. Roof-mounted antennas are only permitted when the boom and any active elements of the antenna array are not more than fifteen feet in length and meet the following conditions:

1. That the antenna be attached to a structure that conforms to this zoning code or to a conforming portion of a nonconforming structure.

2. That it be located so it is shielded insofar as practicable by the structure or landscaping from the view of adjacent property and any public street, park, facility, or right-of-way.

3. That it not exceed the height limit applicable to the structure to which it is attached, with the exception that if a special structures permit is granted so providing, an antenna with the capability of being retracted to a height less than that allowed for the type of building on which it is mounted may exceed the height limit during the actual use for transmitting and receiving.

4. Each antenna shall be constructed of low-visibility materials and shall be finished with a low-visibility, nonglare paint or other finish, consistent with its location and surroundings.

5. Roof-mounted amateur radio antennas provide an essential telecommunication service during periods of disaster and other emergency conditions and are therefore exempt from the provisions of this chapter when in compliance with the following standards:

a. The antenna is forty-five feet or less in height as measured from the ground to the highest point of the antenna, unless the tower is equipped with a lowering device (motorized or mechanical) capable of lowering the antenna to the maximum permitted height when not in operation, in which case the antenna must be not more than seventy-five feet in height.

b. The operator registers their amateur radio antenna, including type of antenna (e.g., fixed or retractable) and height, with the town.

c. Consistent with federal law, additional height may be permitted through issuance of a special structures permit, provided the approval authority makes a specific finding that the requested height for the amateur radio antenna is needed to enable communication between antennas.

D. Ground-Mounted Antennas. A ground-mounted antenna is only permitted when the following conditions are met:

1. That the antenna be located in the rear yard.

2. That it meets all requirements of this chapter for accessory buildings and structures.

3. That it be screened by fences, buildings, or landscaping from the view of adjacent property and any public street, park, facility, or right-of-way.

4. That it have an antenna height of not more than fifteen feet.

5. Each antenna shall be constructed of low-visibility materials and shall be finished with a low-visibility, nonglare paint or other finish, consistent with its location and surroundings.

6. Ground-mounted amateur radio antennas provide an essential telecommunication service during periods of disaster and other emergency conditions and are therefore exempt from the provisions of this chapter when in compliance with the following standards:

a. The antenna is not more than forty-five feet in height as measured from the ground to the top of the antenna, unless the tower is equipped with a lowering device (motorized or mechanical) capable of lowering the antenna to the maximum permitted height when not in operation, in which case the antenna must be not more than seventy-five feet in height.

b. All antenna structures are set back a minimum distance of ten feet from interior property lines.

c. All antennas are located within an enclosed fenced area or have a minimum five-foot tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet.

d. The operator registers their amateur radio antenna, including type of antenna (e.g., fixed or retractable) and height, with the town.

e. Consistent with federal law, additional height may be permitted through issuance of a special structures permit, provided the approval authority makes a specific finding that the requested height for the amateur radio antenna is needed to enable communication between antennas.

E. Pools and Spas. A pool or spa shall be located within the area generally allowed, identified in Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures) and figure 17.40.040-1 (General Setback Standards for Accessory Buildings and Structures for Interior Lots). However, upon issuance of a special structure permit, a pool or spa may be located up to ten feet from side and rear property lines and between the front yard setback line and the front line of the main structure.

F. Pool Equipment Operation. No pumping, filter, or similar equipment shall be operated between the hours of eight p.m. and eight a.m., and all permits for the erection of pumping, filter, or other similar equipment shall include the installation of an automatic timing device adjusted to ensure such hours of operation.

1. Screening. Inflatable covers shall be screened from public view or view from other properties.

2. Height. No inflatable cover shall exceed nine feet in height as measured from the ground.

3. The designated approval authority (the planning commission as described in Table 17.06.070-1), in approving the special structures permit, may establish time limits on the permit and other conditions as deemed appropriate by the approval authority.

4. Existing inflatable covers in use at the time of adoption of this title shall be existing nonconforming structures and may continue to be used; provided, that they are maintained in the same location and under the same ownership. (Code Effective: November 20, 2009).

H. Artwork and Fountains. Consistent with the setback requirements of Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures), artwork and fountains are permitted in the following lot areas, consistent with specified development standards:

1. Front Yards. Artwork and fountains may be located in required front yard areas provided they are set back twenty feet from the front property line, are no taller than eleven feet in height, and are not more than one hundred twenty square feet in total area (see figure 17.40.050-2 (Setbacks for Artwork and Fountains)).

2. All Other Areas. Artwork may be located in side and rear yard areas provided they are set back from property lines consistent with Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures) and are no taller than eleven feet in height (see figure 17.40.050-2 (Setbacks for Artwork and Fountains)).

Figure 17.40.050-2. Setbacks for Artwork and Fountains

I. Solar facilities other than pumps for water heaters not exceeding six feet in height are exempt from the minimum ten-foot side yard requirement. (Ord. 605 § 3, 2014; Ord. 582 § 1 (Exh. A (part)), 2009)