Chapter 18.30 - General Property Development and Use Standards

Sections:

18.30.010 - Purpose and Applicability
18.30.020 - Access
18.30.030 - Air Emissions
18.30.040 - Archeological/Cultural Resources
18.30.050 - Drainage and Storm Water Runoff
18.30.056 - Easements
18.30.060 - Exterior Lighting
18.30.070 - Fences, Walls, and Hedges
18.30.080 - Grading and Vegetation Removal
18.30.090 - Height Measurement and Height Limit Exceptions
18.30.100 - Property Maintenance
18.30.110 - Screening and Buffer
18.30.120 - Setback Requirements and Exceptions
18.30.130 - Snow Storage
18.30.140 - Solar Access and Solar Equipment Guidelines
18.30.150 - Solid Waste/Recyclable Materials Storage
18.30.160 - Undergrounding of Utilities
18.30.170 - Vibrations

18.30.010 - Purpose and Applicability

A. Purpose. The provisions of this Chapter expand the standards of Article II (Zoning Districts and Allowable Land Uses) by addressing the details of site planning and project design, to ensure that development, and new or modified land uses are of appropriate character and quality, considerate of the community's natural resources, compatible with existing and future land uses, and consistent with the General Plan.

B. Applicability—General standards. The provisions of this Chapter apply to all proposed development and new land uses regardless of the applicable zoning district.

1. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). If there is a conflict, the standards specific to the zoning district shall override these general standards.

2. All New or modified structures and uses shall comply with all applicable provisions of this Chapter before construction and operation, unless specifically exempted by an applicable provision of this Development Code.

18.30.020 - Access

A. General standard. Every structure and land use shall be provided adequate physical and legal access to a public street in the form of frontage upon the street, or permanent means of access to a public street by way of a public or private easement, or recorded (mutual) access agreement, as determined by the Director.

B. Access and improvement specifications. The approval of proposed development shall require the applicant to improve the public street frontages of the site in compliance with the Truckee Public Improvements and Engineering Standards, including right-of-way width, and structural section, surfacing, and width of street improvements.

C. Driveways. Access driveways shall be developed in compliance with the standards in Chapter 18.48 (Parking and Loading Standards). The site planning and design of proposed development shall minimize the lengths of driveways.

D. Acceptable levels of service. The review authority shall not approve a land use permit for a project that generates 10 or more summer weekday P.M. peak hour trips if the project will have a significant impact on any major street intersection within one-half mile of the project site, as measured along the connecting street(s). For the purposes of this section, a major intersection shall be defined as an intersection analyzed in the General Plan or Downtown Specific traffic analyses and any intersection that accommodates a substantial volume of traffic as determined by the Town Engineer. A significant impact shall occur when:

1. For intersections with an existing acceptable level of service (D or better outside DSA, E or better inside DSA), the project (existing traffic plus project traffic) decreases the level of service of the total intersection to an unacceptable level (E or F outside DSA, F inside DSA). The significant impact may be reduced to a less than significant level by incorporating intersection improvements and other mitigation into the project which improves the level of service to an acceptable level.

2. For intersections with an existing unacceptable level of service, the project increases the total traffic volumes of the intersection by 5% or more above existing traffic volumes. The significant impact may be reduced to a less than significant level by incorporating intersection improvements and other mitigation into the project which maintains the level of service of the intersection at pre-project levels.

The Town Council may approve a land use permit for a project that creates a significant impact if the Council finds that intersection improvements identified in the General Plan or Capital Improvement Program have been designed and engineered, funding has been secured by State and local agencies, and the improvements will be completed within one year of completion of the project.

E. Exemption. Construction of a single-family residence, secondary residential unit, or duplex on any parcel located on a private street or road which was legally established before the effective date of this Development Code, is exempt from the requirement of Subsection B (Access and Improvement Specifications).

18.30.030 - Air Emissions

A. Dust and dirt emissions. Land use activities that may create dust emissions (for example, construction, grading, and operation) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible. To ensure that this occurs, appropriate procedures shall include the following:

1. Dust suppression plan. A dust suppression plan shall be required for all projects for which a grading plan is required.

2. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g., construction, paving, or planting) will occur as soon as possible after grading;

3. Operations during high winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour;

4. Area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be minimized at all times;

5. Dust control. During clearing, demolition, earth-moving, excavation operations, or grading, fugitive dust emissions shall be controlled by regular watering, paving of construction roads or other dust-preventive measures (e.g., hydroseeding, etc.), subject to the approval of the Director.

a. Materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering, with complete coverage, shall occur at least twice daily preferably in the late morning and after work is done for the day;

b. Materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust;

6. On-site roads. On-site roads shall be paved as soon as feasible, and watered periodically or chemically stabilized until the roads are paved. Access or haul roads adjoining the project shall be treated as necessary to prevent off-site migration and accumulation of dirt, soil, or other materials which can subsequently be entrained in ambient air, either from construction-related vehicles or from any vehicle using adjoining affected roads;

7. Street encroachments. For land use activities that disturb two or more acres of land, paved aprons onto Town streets shall be required at all access encroachments onto the Town street. The aprons shall be paved within one week of the commencement of grading on the site. The aprons and portions of the street adjacent to the apron shall be flushed and/or swept at least once daily;

8. Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained;

9. Fencing. Appropriate fences or walls shall be constructed to permanently contain the dust and dirt within the parcel, subject to the approval of the Director;

10. Other measures. Other Best Available Control Measures (BACM) may be required by the Director to control air emissions of particulate matter from the site; and

11. Performance guarantees. The Director may require a permit applicant to provide adequate performance guarantees (e.g. bonds, cash deposits, certified letter of credit, etc.) to ensure the faithful and timely performance of dust suppression measures during grading. The Director shall be responsible for setting the amount of the required performance guarantee, after consultation with the Town Building Official and the NSAQMD Air Pollution Control Officer.

B. Vehicle exhaust emissions. An applicant who proposes a land use activity that could result in potential construction-related exhaust emission impacts shall minimize the emissions by maintaining equipment engines in good condition and in proper tune in compliance with manufacture’s specifications by not allowing construction equipment to be left idling for long periods of time.

C. Odor emissions. The owner of an existing or proposed use which produces odors or noxious matter (e.g., fumes, gases, vapors, etc.) in quantities that those emissions constitute a nuisance in compliance with State law (Civil Code Sections 3479-3503) shall have the source of the contaminant controlled in order to abate the nuisance.

D. Cleared vegetation. The method of disposal of cleared vegetation from the site shall be indicated on the project improvement plans. Open burning of vegetation from site-clearing shall be prohibited unless approved by the Director and the Northern Sierra Air Quality Management District upon a finding that other alternatives are unobtainable or economically infeasible.

18.30.040 - Archeological/Cultural Resources

A. General standard. In the event that archaeological or cultural resources are discovered during any construction, all construction activities shall cease within 200 feet of the find unless a lesser distance is approved by the Director, and the Department shall be notified so that the extent and location of discovered materials may be recorded in a written report prepared by a qualified archaeologist, and disposition of discovered materials may occur in compliance with State and Federal law. Construction shall not recommence until the Director authorizes construction to begin.

B. Survey. The Director shall require a cultural resources field survey by a qualified professional, at the applicant's expense, where the project will involve areas of grading and/or the removal of natural vegetation totaling one acre or larger or where the project will involve the disturbance of ground in the -HP overlay district. The Director may require a cultural resources field survey on smaller sites for a Zoning Clearance, Development Permit, Minor Use Permit, Use Permit, Planned Development, or Tentative Map where there is the potential for cultural resources to be located on the project site.

1. The survey shall be conducted to determine the extent of the cultural resources on the site, before the completion of the environmental document for the project.

2. Where the results of the survey indicate the potential to adversely impact probable cultural resources, the report shall be transmitted to the appropriate clearinghouse for comment.

3. The Director shall maintain a confidential map file of known or probable cultural resource sites so as to assist in the identification of sensitive areas.

4. A qualified professional shall be present on-site during all excavation activity, including preliminary soil investigations, grading, and trenching for foundations and utilities, in those cases where the identification of and potential impacts to cultural resources cannot be determined prior to project approval or when required by the Director based on a recommendation by the field surveyor.

C. Mitigation measures. Where development would significantly impact cultural or paleontological resources which have been identified, reasonable mitigation measures shall be required by the review authority as may be recommended by the field surveyor or by the State Historic Preservation Officer. Mitigation may include the following, as applicable/necessary:

1. The relocation or redesign of development to avoid the identified site;

2. The opening of the site to qualified, approved professional/educational parties for the purpose of exploration and excavation for a specified time before the commencement of development;

3. The utilization of special construction techniques to maintain the resources intact and reasonably accessible;

4. Where specific or long-term protection is necessary, identified sites shall be protected by the imposition of recorded open space easements; and

5. For significant sites of unique cultural resource value, where other mitigation techniques do not provide a necessary level of protection, the project shall not be approved until the Director determines that there are no reasonably available sources of funds to purchase the subject property or easement. The Director shall have 90 days from the date of discovery of a significant site to make this determination.

D. Cultural resources. Any cultural resources found on the project site shall be recorded or described in a professional report, subject to the approval of the Director; and

E. Human remains. If human remains are encountered during construction, the County Coroner shall be notified. If the remains are determined to be Native American, the Coroner has 24 hours to notify the Native American Heritage Commission of the findings.

18.30.050 - Drainage and Storm Water Runoff

All applications for Zoning Clearance, Development Permit, Minor Use Permit, or Use Permit, except single-family dwellings, secondary residential units, and duplexes, shall include drainage and erosion control plans and be designed and constructed to provide facilities for the proper conveyance, treatment, and disposal of storm water in compliance with this Section.

A. Drainage and erosion control plan requirements. Drainage and erosion control plans shall be submitted to the Department for review for compliance with the requirements of this Section. The plan may be incorporated within the project site plan.

1. A preliminary drainage and erosion control plan shall be submitted as part of an application for a land use permit, for new development, and the significant expansion or redevelopment of an existing use as determined by the Director.

2. Following approval of the land use permit, a final drainage and erosion control plan shall be submitted as part of the application for a Building Permit. Final plans shall be approved by the Director before the start of on-site construction or soil disturbance and before the issuance of a Building Permit. Projects requiring Commission approval due to their size or use shall require plans prepared by a licensed engineer.

3. Preliminary and final plans shall contain all information specified in the instructions for preparing drainage and erosion control plans provided by the Department.

4. After initial application review in compliance with Section 18.70.060 (Initial Application Review), the Director shall review each preliminary and final plan to verify its compliance with the provisions of this Section. The Director may approve the submittal in compliance with this Chapter, or may deny or require changes to a submittal that is not in compliance.

B. Runoff treatment. Surface runoff treatment measures consistent with the Regional Water Quality Control Board’s Truckee River Hydrologic Unit Project Guidelines for Erosion Control and the "State of California Stormwater Best Management Practices Handbooks", prepared by the American Public Works Association Storm Water Task Force, shall be incorporated into the project. The following measures shall also be incorporated into the project:

1. Stormwater runoff:

a. Runoff from impervious surfaces shall be collected, treated, and contained on-site utilizing infiltration disposal facilities (e.g., infiltration basins and trenches) designed, installed, and maintained for, at a minimum, a twenty-year, one-hour storm event based on the Public Improvements and Engineering Standards. The Director may require a design to accommodate a larger storm event when topographic and/or drainage conditions of the surrounding area or watershed warrant more stringent drainage improvements;

b. Runoff shall be directed into any on-site retention/treatment basin using a slot drain, culvert, depressed swale, rock-lined trench, and/or other approved drainage facilities. Surface and subsurface water shall not drain over sidewalks or adjoining parcels;

c. Runoff from structures not directed into a retention/treatment basin shall utilize graveled dripline infiltration trenches under all eaves and decks designed, installed, and maintained for up to and including a twenty-year, one-hour event. Infiltration trenches shall include a minimum gravel depth of eight inches and a minimum width of two feet, unless a trench of different dimensions is approved by the Director based upon an engineered drainage analysis; and

d. Runoff from snow storage areas shall be collected, treated, and contained on-site in accordance with the requirements of Subsection B.

2. On-site drainage facilities:

a. Facilities shall be designed to direct stormwater runoff which exceeds the required capacity of the facility into a public storm drainage system contained within the nearest public right-of-way; and

b. Facilities shall not be used for snow storage. Snow shall not be placed within any required on-site drainage facility which conflicts with the intended function of the facility.

3. Wetlands:

a. Runoff into wetland areas shall not be increased above or decreased below pre-project levels unless the review authority finds that the increase or decrease of runoff will not adversely affect the health, function, and values of the wetland; and

b. Runoff into wetland areas shall be treated in accordance with Subsection B prior to release into the wetland.

C. Erosion control. Erosion control measures consistent with the Regional Water Quality Control Board’s Truckee River Hydrologic Unit Project Guidelines for Erosion Control and the "State of California Stormwater Best Management Practices Handbooks", prepared by the American Public Works Association Storm Water Task Force, shall be incorporated into the project. The following measures shall also be incorporated into the project:

1. Temporary measures. Temporary erosion control measures as required by the Director shall be installed and continuously maintained for the duration of construction and shall include:

a. All non-construction areas shall be clearly marked and protected during construction by fencing or other identification approved by the Director;

b. The protection of loose piles of clay, debris, sand, silt, soil, or other earthen material during periods of precipitation or runoff with nonwoven filter fabric fence, hay bales, temporary gravel, and/or earthen or sand bag dikes; and

c. All soil disturbance activities shall cease if adverse weather conditions exist, unless operating under an exception granted by the Director. Adequate temporary erosion control measures shall be immediately installed during adverse weather conditions.

2. Permanent measures. Permanent erosion control measures as required by the Director shall be installed and continuously maintained for the life of the project and shall include:

a. All surplus or waste earthen materials shall be removed from the site and deposited in an approved location within 10 days from completion of construction;

b. Earthen materials shall not be placed in surface water drainage courses, permanent or temporary, or in a location to allow the discharge of earthen materials to any surface water drainage course; and

c. All disturbed areas shall be permanently stabilized or vegetated. Vegetated areas shall be continuously maintained to ensure adequate growth and root development. Vegetation shall consist of seeding, planting, mulching, and initial fertilizing and watering as needed.

3. Timing of operations. Ground disturbance including vegetation removal that disturbs the soil shall be prohibited between October 15 of any year and May 1 of the following year. Exceptions may be granted by the Director based upon the following:

a. Predicted dry weather conditions;

b. The construction activity is associated with existing disturbed conditions only and is not intended to allow for the commencement of new construction activity or new disturbance;

c. Specific dates and scope of work involved in the construction activity; and

d. The site shall be winterized and specific Best Management Practices implemented to control erosion and protect water quality within 48 hours of the Director’s order to cease ground disturbance.

4. Stabilization. Before October 15 in any year, permanent or temporary stabilization of all disturbed or eroding areas shall be installed consistent with the requirements of this Section.

D. Limitation on runoff. The net rate release of runoff from a site onto adjoining parcels and rights-of-way after construction shall not be greater than pre-construction levels of the runoff release from the site based on a 20-year, one-hour storm event. The Town Engineer may require a design to accommodate a larger storm event when topographic and/or drainage conditions of the surrounding area or watershed warrant more stringent drainage improvements.

E. Maintenance. All required drainage and erosion control improvements shall be maintained for the life of the approved project, including routine maintenance, repair, and replacement of the improvements. Maintenance shall include:

1. Unclogging of basins, pipes, swales, and trenches by debris, ice, and sediment;

2. Repair of damaged basins, pipes, swales, and trenches;

3. Replacement of unhealthy, damaged, or non-productive vegetation; and

4. Restabilization of erosion on slopes.

F. Minor Use Permit required. Projects satisfying any of the following conditions will require the approval of a Minor Use Permit in compliance with Chapter 18.76:

1. Projects within the 100-year floodplain of waters under the jursidiction of the State Regional Water Quality Control Board or projects required by the Regional Water Quality Control Board to obtain a waste discharge permit due to the potential for the discharge or threatened discharge of solid or liquid materials to surface waters, potential wetlands areas, or other sensitive lands. Docks, piers, ramps, and similar structures within the 100-year floodplain of Donner Lake shall not require the approval of a Minor Use Permit if constructed in compliance with Section 18.38.050(D);

2. Projects located on sites containing contaminated soils as identified by the Nevada County Health Department or the State Regional Water Quality Control Board; and

3. Projects resulting in the disturbance of land or located within 200 feet of any wetland area unless the Director finds that the topographic conditions of the surrounding area will clearly preclude any disturbance of wetland areas and will ensure that any runoff from the project will not result in any water quality impacts to a wetland area. A wetlands delineation report shall be required for all projects requiring a minor use permit under this condition. The distrubance of wetland areas shall comply with Section 18.46.040 (Wetlands).

18.30.056 - Easements

A. Structures within easements. No structure shall be allowed within public utility easements, access/driveway easements, drainage easements or any other easement offered for dedication to the County of Nevada or the Town, except with Minor Use Permit approval. A Minor Use Permit for a structure within an easement may be granted only where the review authority first finds that the structure will not interfere with the purpose of the easement.

B. Snow storage easements. An encroachment permit shall be obtained from the Town Engineer prior to the placement of any fence or other structure within a snow storage easement.

18.30.060 - Exterior Lighting

A. Exterior lighting. Exterior lighting shall be:

1. Architecturally integrated with the character of the structure(s);

2. Directed downward and away from adjoining properties and public rights-of-way;

3. Energy-efficient, and fully shielded or recessed so that direct glare and reflections are confined, to the maximum extent feasible, within the boundaries of the subject parcel; and

4. Completely turned off or significantly dimmed at the close of business hours when the exterior lighting is not essential for security and safety, and when located on parcels within nonresidential zoning districts.

B. Permanent lighting. Permanently installed lighting shall not blink, flash or be of unusually high intensity or brightness. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving.

C. Security lighting. Security lighting (e.g., safety motion detectors, etc.) shall be provided at all entrances/exits, except in the RR and RS zoning districts.

D. Shielding requirements. Each outdoor lighting fixture shall be designed and installed so that no light rays will be emitted by the fixture at angles above a horizontal plane passing through the lowest point of the fixture. Exemptions to this shielding requirement include the following:

1. All neon outdoor lighting fixtures;

2. All outdoor lighting fixtures on facilities or lands controlled, operated, owned, or protected by public entities or public agencies provided the review authority finds that the shielding requirement is not reasonable or practical due to the purpose of the lighting and reasonable methods to minimize impacts on surrounding properties and the night sky have been incorporated into the project;

3. Emergency lighting operated by a public utility during the course of repairing or replacing damaged facilities;

4. Emergency lighting and fixtures necessary to conduct rescue operations, provide emergency medical treatment, or address any other emergency situations;

5. Fixtures producing light directly by the combustion of fossil fuels (e.g., gas lamps or kerosene lanterns);

6. Internally illuminated signs; and

7. Lighting fixtures located at the entrance or exits of structures and pedestrian level lighting having an intensity not exceeding 75 watts.

E. Design criteria.

1. External light fixtures, poles, and their foundations should be simple in design and compatible with and complementary to the style of surrounding development. Historical-themed fixtures are not appropriate for a contemporary building design, and modern fixtures are not appropriate for a structure with a significant historical design theme. Simple and functional designs are considered to be appropriate in most environments. Lighting standards should be of a scale that is compatible with their surroundings. Pedestrian-scale lighting (eight to 12 feet high) should be installed in areas where foot traffic is prevalent. Lighting fixtures for parking lots and private roadways should not be installed at a height greater than 20 feet.

2. Color-corrected lamps of appropriate intensity should be used in exterior lighting. High-efficiency lamps that alter the colors of objects at night are discouraged. Incandescent, fluorescent, color-corrected sodium vapor, and mercury lamps should be used because they provide light with an appropriate color spectrum.

3. Lighting intensity should be the minimum required to serve the tasks for which the fixtures are intended.

4. Exterior lighting should be considerate of both the neighbors and the community as a whole. Each new lighting scheme should actively strive to reduce negative light impacts. Light trespass is the ability to see the source of a light at the parcel’s property line. If a light from a project casts a shadow at the property line, the light is considered to be trespassing. Lighting should be kept within the project boundaries. Fixtures like the "shoe box" design are capable of providing accurate light patterns and can often be used for lighting parking lots without spilling onto the neighboring property.

18.30.070 - Fences, Walls, and Hedges

The following standards shall apply to the installation of fences, walls, and hedges, regardless of whether a permit or Town approval is required by this Section, except where an applicable Specific Plan establishes different standards. The provisions of this Section shall not apply to a fence or wall required by a law or regulation of the Town, State or an agency thereof. For the purposes of brevity, the term "fence" as used in this Section shall mean "fence, wall, or hedge."

A. Permit requirement. Fences require Zoning Clearance in compliance with Chapter 18.72 in all zoning districts except where exempted from this requirement by following Subsection B.

B. Exemptions from permit requirement. The following fences and walls do not require Zoning Clearance, but shall otherwise comply with all applicable provisions of this Development Code.

1. Fences within the residential zoning districts are exempt, provided that they comply with the height limits in following Subsection C.

2. Walls and retaining walls less than 48 inches in height measured from the bottom of the footing to the top of the wall. Retaining walls are exempt only in compliance with this height limit, and where they retain earth only with no surcharge, and are not required by Title 15 of the Municipal Code to have a Building Permit.

C. Fence height limitations.

1. Fences are subject to the height limitations shown in Table 3-1, based on the area of the site and the location of the fence on the site relative to the required setbacks established by Article II (Zoning Districts and Allowable Land Uses). See Figure 3-1.

TABLE 3-1

HEIGHT LIMITS FOR FENCES, WALLS, AND HEDGES

Notes:

(1) Open fences up to a maximum of four feet in height may be allowed in front and street side setbacks if the Town Engineer finds that the fence will not adversely affect a front or street side setback traffic safety visibility area or interfere with street snow removal operations. An open fence shall be defined as a split board or rail fence (not exceeding three boards or three rails high), woven sire, or chain link that does not impair sight visibility.

(2) Fences up to a maximum of six feet in height may be allowed in street side setbacks if the fence is located oustide the traffic safety visibility area.

(3) Fences up to a maximum of six feet in height may be allowed in front and street side setbacks on residential properties that face commercial or industrial properties if the Town Engineer finds that the fence will not adversely affect a front or street side setback traffic visibility area or interfere with snow removal operations.

(4) Fences up to a maximum of 20 feet in height may be allowed for tennis and other outdoor recreational courts outside the required setback areas.

(5) On parcels of one acre or larger, fences up to a maximum of six feet in height may be allowed in front and street side setbacks if the Town Engineer finds that the fence will not adversely affect a front or street side traffic safety visibility area or interfere with street snow removal operations;

(6) An open agricultural fence shall be allowed to a maximum height of eight feet in the side and rear setbacks and outside the required front and street side setback areas for property located in the RR and RC districts, provided that the Director first determines that the fence is essential to a legitimate agricultural operation or animal keeping on the site. An open agricultural fence shall be defined as an agricultural board fence or split rail (not exceeding three boards or three rails high), barbed or woven wire or chain link that does not impair sight visibility.

2. Entry features over front yard gates (e.g., arches and trellises), with a maximum height of eight feet, provided that the entry features are no wider than six feet.

3. Retaining walls shall be subject to the height and setback limits established by Section 18.30.120(F)(6) (Setback Requirments - Retaining Walls).

4. These height limits shall not apply to the following:

a. Official governmental warning signs or signals;

b. Public utility poles;

c. Saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview;

d. Supporting members of appurtenances to permanent structures existing on the effective date of this Development Code; and

e. Trees trimmed (to the trunk) to a line at least six feet above the elevation of the intersection.

5. Parcels with grade differential.

a. Where there is a difference in the ground level between two adjoining parcels of less than two feet, the height of a fence constructed along the common property line shall be determined by using the natural grade of the highest contiguous parcel.

b. When there is a difference in the ground level between two adjoining parcels of two feet or more, the maximum allowed height of a fence on the property line shall be determined by the Director.

E. Prohibited materials. The use of barbed wire, electrified fence, or razor wire fence in conjunction with a fence, wall, or hedge, or by itself within any zoning district, is prohibited unless:

1. Approved as part of the land use permit, based upon a finding that the material is necessary for the security of the facility or is required by a law or regulation of the Town, State, or an agency thereof; or

2. The fence is a simple, one-strand horse electric fence in the RR and RC districts.

(See Figure 3-1, Fence and Wall Standards)

18.30.080 - Grading and Vegetation Removal

A. Preservation of the natural vegetation. To prevent premature grading of the existing terrain and to ensure preservation of the natural vegetation within the Town, grading and/or removal of natural vegetation shall not occur before the issuance of a land use permit (e.g., Zoning Clearance, Use Permit, etc.) authorizing development on the subject parcel, except for the following:

1. Grading and/or the removal of vegetation for a single-family residence on an existing subdivision lot;

2. Timber removal done in accordance with a timber harvesting plan approved by the California Department of Forestry and Fire Safety;

3. Removal of vegetation done within an open space area by a subdivision homeowner’s association or similar organization or a public agency in order to maintain the health of the forest and/or enhance fire safety; and

4. Removal of vegetation to comply with the fuel clearance regulations of the Truckee Fire Protection District.

B. Building and Grading Permits. A Grading Permit shall not be issued until the associated Building Permits are issued, unless grading is secured with an appropriate performance guarantee in compliance with Section 18.84.040 (Performance Guarantees).

C. Commission requirements. As part of the approval of a Development Permit or Use Permit involving grading, the Commission shall make one of the following findings:

1. Performance guarantees in compliance with Section 18.84.040 (Performance Guarantees) shall be required prior to issuance of any grading or building permits for the project to guarantee restoration of the site if the project is not completed;

2. There is sufficient evidence demonstrating there is adequate financing for the project to guarantee that the project will be completed; or

3. Performance guarantees are not necessary, given the particular circumstances of the application.

18.30.090 - Height Measurement and Height Limit Exceptions

All structures shall comply with the following standards relating to height, except for fences and walls, which are instead subject to the provisions of Section 18.30.070 (Fences, Walls, and Hedges).

A. Maximum height of structures. The height of structures shall not exceed the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses).

B. Height measurement.

1. The height limit for structures shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the natural grade. See Figure 3-2. In cases where the structure has a split roof(s) and the roofline of the split roof is five or more feet below the highest point of the structure and the floor area underneath the split roof extends at least 10 feet out from the remainder of the structure, the height limit for the structure shall be measured as the vertical distance from the average of the highest point of the structure and the highest point of the split roof to the average of the highest and lowest points of the structure where the exterior walls touch the natural grade. (See Figure 3-2, Height Measurement)

2. In no case shall the height of any portion of a structure exceed a height greater than 10 feet above the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses) as measured as the vertical distance from the natural grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. (See Figure 3-3, Maximum Height)

C. Exceptions to height limits. The height limits of this Development Code may be exceeded as follows.

1. Fire or parapet walls may extend up to four feet above the allowable height limit of the structure.

2. Places of public assembly in churches, schools and other allowed public and semi-public structures, provided that they are located on the first floor of the structure and the required front, side, and rear yards shall be increased by one additional foot for each one foot by which the structure exceeds the height limit established for the applicable zoning district.

3. Belfries, chimneys, cupolas, domes, flag poles, gables, monuments, penthouses, scenery lofts, spires, towers (e.g., hose, radio, utility, water, etc.), water tanks, similar structures, and necessary mechanical appurtenances may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a Minor Use Permit in compliance with Chapter 18.76.

4. Telecommunication facilities, including antennae, poles, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, in compliance with Section 18.58.250 (Telecommunications Facilities).

5. The height of a single family dwelling in a residential zoning district may be increased up to an additional five feet, when the dwelling is on a building site with an average slope of 25 percent or greater.

D. Director exceptions to height limits. The Director may approve additional height up to a maximum of 10 percent of the height limit for a single family dwelling in a residential zoning district as follows:

1. The Director finds all of the following:

a. There are unique circumstances associated with the property or the structure design that necessitate an increase in the height limit to prevent an unnecessary hardship or to overcome practical difficulties in constructing the dwelling;

b. The structure height and design is compatible with the neighborhood;

c. The additional height of the structure will not significantly impair views from surrounding properties; and

d. The structure height is not substantially taller than other structures in the neighborhood.

2. Prior to approving an exception to the height limit, notice of the Director’s intent to approve an exception to the height limit shall be required in the following manner:

a. Notice shall include a general explanation of the matter being considered, a general description of the height exception being requested, the date on which the Director may take action on the height exception, and the location and available times that information on the matter may be reviewed by the public;

b. The notice shall be mailed or delivered to the owner(s) of the property being considered or the owner’s agent, the applicant if different from the owner, and all owners of real property as shown on the County’s last equalized assessment roll within 100 feet of the boundary of the property which is the subject of the height exemption;

c. The notice shall be posted in Town Hall; and

d. The notice shall be mailed, delivered, and posted at least 14 days prior to the Director approving the height exception.

18.30.100 - Property Maintenance

A. Purpose. This Section provides for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjoining property, or hazardous or injurious to the health, safety, or welfare of the general public in a manner which may constitute a nuisance.

B. Property maintenance nuisances. It is hereby declared to be a public nuisance for any property owner or other person in control of property to keep or maintain the property, including adjoining parkways, sidewalks, or streets under fee ownership by that person, in a manner resulting in any of the following conditions.

1. Abandoned materials. Any abandoned, discarded, dismantled, inoperable, wrecked equipment or objects including appliances, automobiles, boats, fixtures, furniture, refrigerators, trailers, trucks, water heaters, miscellaneous equipment and machinery, cans or containers standing or stored on the property or on adjoining parkway, sidewalks or streets which can be viewed from a public highway, walkway, or from private or public property, or which items are readily accessible from these places, or which are stored on private property in violation of any law.

2. Dangerous conditions. Any condition which exists upon any premises that is dangerous to human life or is detrimental to health as determined by the Director.

3. Alterations. Any alteration of land, the topography or configuration of which in any man-made state whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence, or surface water drainage problems of a magnitude which would be injurious to public health, safety, and welfare.

4. Disposal of petroleum products. Disposal or presence of grease, oil, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid, or solid waste in a manner which would consist of a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of surrounding properties.

5. Outdoor storage in excess of one week. Lumber (excluding stacked firewood or lumber for a construction project on the property with a valid and active Building Permit), junk, salvage materials (including auto parts, bottles, scrap metals, tin cans, and tires, appliances, fixtures, furniture, refrigerators, water heaters, miscellaneous equipment and machinery), trash or packing boxes or other debris stored on the premises for a period in excess of one week.

6. On-site repairs. Any performance of work on household fixtures, motor vehicles, or vehicle engines or parts, on a public right-of-way or performance of work in yard areas of residential properties which are visible from a public right-of-way or surrounding properties, other than emergency repairs or minor maintenance being performed by the owner of the fixture or vehicle.

7. Vehicles as temporary or permanent living space. Use of a parked or stored boat, camper shell, trailer, vehicle, or other similar item as temporary or permanent living space for a period in excess of two weeks.

8. Storage of building materials. Accumulations of asphalt, bricks, building materials, concrete, fill dirt, plaster, rocks, and tile unless for a construction project on the property with a valid and active Building Permit.

9. Graffiti. The presence of graffiti, as defined in Chapter 18.220 (Definitions, Glossary).

10. Maintenance. Property failing to meet minimum levels of maintenance and care as follows:

a. Walls, fences, other structures. All walls, fences, trash enclosures, and other structures shall be maintained free of significant surface cracks, dry rot, missing panels or blocks, and warping, which threaten structural integrity;

b. Structure elevations and roofs. Exterior structure surfaces and roofs shall be maintained free of significant surface cracks, dry rot, missing blocks or other materials, or warping, which threaten structural integrity; and

c. Trash and debris. The property shall be maintained free of the accumulation of trash and debris not stored in designated solid waste enclosures. Trash and debris associated with allowed uses are to be stored solely in designated solid waste enclosures.

18.30.110 - Screening and Buffer

All multi-family and non-residential land uses shall comply with the screening and buffer requirements of this Section.

A. Screening and buffer between non-residential and residential land uses. Where a non-residential development or new land use is proposed on a parcel in the CG, CS, CH, or M zoning district, and adjoins a residential zoning district, the following screening/ buffering features shall be constructed as part of the development or land use.

1. A six-foot high, solid decorative masonry wall or solid fence or a combination of landscaping, berm and fencing, or wall shall be constructed between the non-residential use and residentially-zoned parcels. The wall shall be architecturally treated on both sides, and the design of the screening (e.g., berm and fencing, landscaping, or wall) shall be subject to the approval of the Director. A landscaping strip with a minimum width of five feet shall be provided along the wall or fence. If adjoining a parking area, the landscaped area may be counted towards required interior parking lot landscaping.

2. All proposed or required landscaping shall comply with Chapter 18.40 (Landscape Standards).

3. The review authority may modify or waive the requirements of this subsection or approve alternatives to the screening and buffer methods if the review authority finds the characteristics of the site or vicinity would make the required screening and buffer unnecessary or the alternative will achieve the same effect of the required screening and buffer.

B. Screening and buffer between neighborhood commercial and residential land uses. Where a non-residential development or new land use is proposed on a parcel in the CN zoning district, and adjoins a residential zoning district, the following setback, screening, and landscaping features shall be provided as part of the development or land use.

1. Setbacks. If the proposed commercial use is in a commercial zoning district and adjoins a residential zoning district, but is not separated by a street, the required setback for a structure adjacent to a residential zoning district shall be equal the height of the building, but in no case shall the setback be less than 15 feet.

2. Screening. A solid decorative masonry wall or solid fence with a minimum height of six feet, or higher if required by an acoustical analysis to mitigate noise impacts, shall be constructed and maintained on the project site along the common property line. Pedestrian access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the Director.

3. Landscaping. A landscaped strip shall be provided adjacent to the wall with the intention of providing a planting area for trees and shrubs on the commercial site.

a. The width of the landscaped strip shall be a minimum of five feet. Larger areas may be required by the review authority for larger projects which shall be determined on a case by case basis.

b. Landscaping shall be designed to visually screen the commercial development from the residences and to effectively break up the otherwise long, flat appearance of the wall. Trees shall be provided at a rate of one for every 20 lineal feet of landscaped area, and shrubs shall be provided at a rate of one for every five lineal feet of landscaped area. Additional trees and shrubs may be required by the review authority as determined on a case by case basis.

c. The use of the landscaped setback for passive activities (e.g., lunch area, pedestrian path, snow storage) shall be subject to the approval of the Director.

4. Exceptions to screening and buffer requirements. The requirements of this subsection may be modified or waived through the approval of a Minor Use Permit in compliance with Chapter 18.76.

C. Screening and buffer between multi-family and single-family residential uses. Wherever a multi-family residential project adjoins a site developed with or zoned for a single-family residence, but is not separated by a street, a six-foot high solid wood fence or decorative masonry wall shall be constructed along the property line adjoining the single-family residential use. The review authority may modify or waive the requirements for the fence or wall if the review authority finds the characteristics of the site or vicinity would make the required screening and buffer unnecessary or the fence or wall would adversely affect neighborhood compatibility and other screening and buffer methods have been incorporated into the project to achieve the same effect of the required fence or wall.

D. Equipment. Any equipment in multi-family and non-residential zoning districts, whether on a roof, the side of structure, or ground, and any loading docks, service yards, trash and storage areas, and utility services, shall be properly screened from public view.

1. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, shape, and size.

2. The screening design and construction shall be subject to the approval of the Director, and shall blend with the design of the structures and include appropriately installed and maintained landscaping when on the ground.

18.30.120 - Setback Requirements and Exceptions

This Section provides standards for the use and minimum size of required setbacks. These standards are intended to provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

A. Setback requirements. All structures shall comply with the setback requirements of the applicable zoning district established by Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code, except as otherwise provided by this Section. No portion of a structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way. Each required setback shall be open and unobstructed from the ground upward, except as provided in this Section.

B. Exemptions from setback requirements. The minimum setback requirements of this Development Code apply to all uses except the following:

1. Fences or walls six feet or less in height above the natural grade of the parcel; except on corner lots and within front yards in compliance with Section 18.30.070;

2. Decks, earthworks, free-standing solar devices, hot tubs, steps, swimming pools/spas, terraces, and other site design elements which are placed directly upon the finish grade and do not exceed a height of 18 inches above natural grade at any point;

3. Retaining walls less than four feet in height above the surrounding finish grade at any point;

4. Parking pads with railings four feet or less in height; and

5. Basketball baskets and supports.

C. Allowable setback reductions.

1. A side yard setback other than that required by this Article or Article II (Zoning Districts and Allowable Land Uses) may be authorized on residential lots through Minor Use Permit approval.

2. The required street side setback may be reduced by the Town Engineer by a maximum of five feet on residential lots that are less than 80 feet wide if the Town Engineer finds that the reduced setback will not adversely affect a front or street side visibility area or interfere with street snow removal operations.

D. Measurement of setbacks. Setbacks shall be measured as follows. (See Figure 3-4, Location and Measurement of Setbacks)

1. Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest line of the structure, except as follows. Whenever a future right-of-way width line is officially established for a street, required setbacks shall be measured from the established lines. Whenever an access easement for a public street or private street traverses a parcel, front yard setbacks shall also be measured from the outer edges of the easement.

a. Averaging. The required front yard setback may be calculated based on an averaging of adjoining parcels only under the following circumstances:

(1) In the RS, RR, DRS, DRM, and DRH zoning districts, where 25 percent or more of the parcels located on the same side of the street and within 200 feet of the parcel or between the nearest intersecting streets, whichever is less, have been improved with structures at the time of adoption of this Development Code, the required front yard depth for the applicable zoning district may be reduced to a depth not less than the average depth of the front yards of the parcels with existing structures; and

(2) When an interior parcel in an RS zoning district adjoins a parcel in any other zoning district, the depth required for the front yard on the interior parcel may be reduced to not less than the average of the required depth and the width or depth of the yard required on the parcel in the other zoning district, which adjoins the street on which the interior parcel faces.

b. Corner parcels. The measurement shall be taken from the nearest line of the structure to the nearest point of the property line adjoining the street which has the narrowest parcel frontage. Whenever a future right-of-way width line is officially established for a street, required setbacks shall be measured from the established line(s); and

c. Flag lots. The measurement shall be taken from the nearest line of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way. (See Figure 3-5, Flag Lot Setbacks)

2. Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

3. Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street to the nearest line of the structure. Whenever a future right-of-way width line is officially established for a street, required yards shall be measured from the established line.

4. Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except:

a. The rear yard on the street side of a through lot shall be measured from the nearest point of the rear property line adjoining the street; or

b. Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard. (See Figure 3-6, Rear Setback Measurement for Triangular and Irregular Lots)

E. Allowed projections into setbacks. Attached architectural features may extend beyond the wall of the structure and into the front, side, and rear setbacks, in compliance with Table 3-2, below. Other portions of single-family dwellings may extend into required setbacks in compliance with Subsection F.7 (Setback requirements for specific structures and situations - Single-family dwellings). (See Figure 3-7, Examples of Allowed Projections into Setbacks)

TABLE 3-2

ALLOWED PROJECTIONS INTO SETBACKS

Notes:

(1) Feature may project no closer than seven feet to any side property line. Feature may not project into the side yard setback in the DRS and DRM districts. See Section 18.30.120(F)(7) for exceptions.

(2) Feature may project no closer than three feet to any side or rear property line.

(3) Feature may project no closer than seven feet to any side property line; or three feet to any side property line in the DRS, DRM, and DRH districts only if the structure has a non-shedding roof. See Section 18.30.120(F)(7) for exceptions.

(4) Decks less than 18 inches above natural grade are exempt.

(5) Covered walkways and stairways adjoining garages within the front yard setback may project into the front yard setback up to the front of the garage.

F. Setback requirements for specific structures and situations.

1. Dwelling groups. An inner court providing access to a multi-family dwelling group (constructed and located face-to-face) shall provide a minimum width of 10 feet between the rows for single-story structures with an additional five feet of width for each additional floor above the first floor.

2. Fences. See Section 18.30.070 (Fences, Walls, and Hedges).

3. Garages.

a. Except on flag-shaped lots, a garage for a single-family residence, including detached and attached second units, may be located within the front yard or street side setback area, up to one foot from the front or street side property line. When the face of a garage entrance, situated approximately parallel to a front or street side property line adjoining a public street, the garage shall be set back a minimum of 20 feet from the edge of the pavement of the adjoining street, including sidewalks. In other cases, the garage shall be set back a minimum of 10 feet from the edge of the pavement of the adjoining street.

b. The garage shall not be located within a traffic safety visibility area.

c. Except for a vehicle entry door, there shall be no windows or other openings (e.g. door entry) on the garage elevation that is parallel to and facing the street and within the front setback setback area.

d. Whenever a future right-of-way width line is officially established for a street, required yards shall be measured from the established line(s).

e. A garage within the front yard setback shall not exceed one story or 20 feet in height, whichever is less, as measured from the driveway grade at the garage entry door.

f. The use of the garage shall be limited to laundry facilities, parking of vehicles, personal work areas, and storage. Living space such as a recreation room, home office, bedroom, living room, and kitchen shall not be allowed in conjunction with a garage within the front or street side setback area, except that living space may be authorized below the garage, on a down sloping parcel, with the approval of a Minor Use Permit in compliance with Chapter 18.76. Uncovered decks with railings four feet or less in height may be allowed on the top of the garage.

g. A cornice, eave, or roof overhang for a garage may extend beyond the wall that is parallel to and facing the street to a maximum of 36 inches, up to one foot from the property line.

4. Hot tubs, swimming pools/spas, and other site design elements.

a. Site design elements less than 18 inches above natural grade are exempt from setback requirements.

b. Detached decks, earthworks, freestanding solar devices, hot tubs, steps, swimming pools/spas, terraces, and other site design elements, and which equal or exceed a height of 18 inches above natural grade at any point, shall conform to the setback requirements. Swimming pools, or other recreational pools or landscape ponds, may be located in a required front, rear, or side yard, subject to the approval of a Minor Use Permit, in compliance with Chapter 18.76, and applicable Building and Health Codes.

5. Residential accessory uses and structures. Residential accessory uses and structures shall be provided setbacks in compliance with Table 3-3 (Required Setbacks - Accessory Uses and Structures).

TABLE 3-3

REQUIRED SETBACKS - RESIDENTIAL ACCESSORY USES AND STRUCTURES

Notes:

(1) When a setback is not specified, the setback shall be as required for the main structure. Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the Director.

(2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel.

(3) See Chapter 18.220 (Definitions, Glossary) for the definition of interior setback.

(4) Propane tanks must comply with the side, rear, and interior setback requirements of the Town Building Code and the Truckee Fire Protection District.

6. Retaining walls. (Retaining walls up to four feet in height are exempt from setback requirements.)

a. Retaining walls from four to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel; and

b. Retaining walls greater than six feet in height, or retaining walls greater than four feet in height where the exposed side of the wall faces out from the subject parcel, shall conform to the setback requirements.

c. Retaining walls greater than four feet in height for driveways and driveway structures may be located within a required front yard setback if the Town Engineer finds that the wall will not adversely affect a front or street side traffic visibility area or interfere with street snow removal operations.

(See Figure 3-8, Retaining Walls in Setback)

7. Single-family dwellings. Single-family dwellings may extend into required setbacks as follows.

a. Front setbacks. Where an existing sloping parcel contains 40,000 square feet or less in net area, setback requirements are not specified on the recorded subdivision map, and the average difference in elevation in the first 60 feet of the parcel measured perpendicularly between the edge of the pavement or traveled way and the structure is one vertical foot for every four horizontal feet (1:4) or more, the front setback for a single-family dwelling may be reduced up to 50 percent of that required for other parcels in the same zoning district .

b. Side setbacks. A single-family dwelling and related accessory structures may extend up to two feet into a required side setback, but no closer than eight feet to a side property line, and allowed projections as listed in Table 3-2 (Allowed Projections Into Setbacks) may be located up to five feet into a required side setback, but no closer than five feet to any side property line, only as follows:

(1) The average width of the parcel at the building pad is 80 feet or less;

(2) The wall of the structure is located no closer than 15 feet to the wall of any structure on an adjoining parcel;

(3) The pitch of any portion of the roof within the side yard setback is not directed toward the side property line or the structure has a non-shedding roof with a deed restriction recorded on the property that limits the type of roofing materials to non-shedding materials; and

(4) Windows and other wall openings of the structural wall within the side setback are limited to five percent or less of the total area of the wall.

c. Side setbacks for nonconforming structure. An addition or modification to a single family dwelling that encroaches into the side setback may extend up to five feet into a required side setback, but no closer than five feet to a side property line, as follows:

(1) The Director finds all of the following:

(a) The height and design of the addition or modification is compatible with the existing structure;

(b) The side yard setback for the addition or modification is equal to or greater than the side yard setback for the existing dwelling;

(c) The building frontage, as measured in lineal feet, of the addition or modification within the side yard setback does not exceed the building frontage of the existing dwelling within the side yard setback; and

(d) The addition or modification will not exacerbate any problems resulting from the side yard encroachment (e.g. roof shedding of snow onto adjacent property).

(2) Prior to approving an addition or modification in the side yard setback, notice of the Director’s intent shall be required in the following manner:

(a) Notice shall include a general explanation of the matter being considered, a general description of the setback reduction being requested, the date on which the Director may take action on the request, and the location and available times that information on the matter may be reviewed by the pulic;

(b) The notice shall be mailed or delivered to the owner(s) of the property being considered or the owner’s agent, the applicant if different from the owner, and all owners of real property as shown on the County’s last equalized assessment roll within 100 feet of the boundary of the property which is the subject of the setback reduction;

(c) The notice shall be posted in Town Hall; and

(d) The notice shall be mailed, delivered, and posted at least 14 days prior to the Director approving the setback reduction.

8. Traffic safety visibility areas. Structures shall not be altered, constructed, erected, or moved, so that they are located closer to a street line than is necessary to provide adequate space for on-site traffic/vehicle maneuvering and the structures shall not be located within a traffic safety visibility area except for fences as permitted by Section 18.30.070(C) (Fence Height Limitations). (See Figure 3-4, Location and Measurement of Setbacks)

G. Structures in front yard setback. Any damage sustained to any fence, garage, wall, barrier, or other building or structure located within the front yard setback as the result of snow removal operations other than direct contact by snow removal equipment, shall be the sole responsibility of the property owner and the Town shall have no liability whatsoever therefore.

18.30.130 - Snow Storage

All development and proposed land uses that are planned with off-street parking and circulation areas, except single-family dwellings, secondary residential units, and duplexes, shall be designed and constructed to provide snow storage areas in compliance with the minimum standards of this Section.

A. Application content requirements. All land use permit applications subject to this Section shall include identification of required snow storage areas on the required site plan.

B. Minimum storage area required. Each unenclosed parking area, including circulation drives and aisles, shall provide a snow storage area(s) as follows.

1. In areas with a snow load less than 200 pounds per square foot, the required snow storage area shall equal at least 50 percent of the total parking and driveway area.

2. In areas with a snow load of 200 pounds per square foot or greater, the required snow storage area shall equal to at least 75 percent of the total parking and driveway area.

3. The review authority may reduce or waive the required snow storage area(s) if the review authority finds one of the following:

(a) The size and configuration of snow storage area(s) allow ramping or other removal and storage methods which reduce the amount of area necessary to store snow in comparison to normal snow removal and storage operations;

(b) A long-term snow hauling plan is adopted as part of the land use permit and the snow hauling plan demonstrates the property owner and/or snow removal contractor has sufficient rights to an off-site storage area(s) to store excess snow from the property with an acceptable method to transport the snow from the property to the off-site storage area(s); or

(c) An acceptable methods to remove and store snow from the property has been adopted as part of the land use permit and such method(s) clearly demonstrate that the amount of snow storage area(s) required by this section is not necessary.

C. Location. Snow storage areas:

1. Shall be located near the sides or rear of parking areas, away from the primary street frontage;

2. Shall be located to maximize solar exposure to the greatest extent feasible. Areas shaded by structures or vegetation shall be avoided;

3. Shall be located so that snow moving equipment is not required to enter the public streets to move snow to the storage area;

4. Shall be located in areas that are substantially free and clear of obstructions (e.g. propane tanks, trees, large boulders, trash enclosures, utility pedestals);

5. May be located within parking areas but such areas may not be counted towards meeting parking requirements for the use; and

6. May be located within required landscaping areas but the areas shall be planted with landscaping tolerant of snow storage or be native vegetation.

D. Minimum dimensions. The minimum dimension of a snow storage area shall be 10 feet in any direction.

E. Drainage. Snow storage areas shall be designed to provide adequate drainage to prevent ponding and the formation of ice, especially within pedestrian areas and driveways. Drainage from snow storage areas shall be directed towards on-site drainage retention/treatment facilities.

18.30.140 - Solar Access and Solar Equipment Guidelines

Passive heating and cooling opportunities should be incorporated into single-family residential subdivisions and multi-family residential projects as provided by this Section.

A. Orientation of structures. Future structures should be oriented to maximize solar access opportunities.

B. Pools and spas. A pool or spa facility owned and maintained by a homeowner's association or multi-family rental complex shall be equipped with a solar cover. Solar water heating systems are encouraged.

C. Collector installation. Solar collectors, if provided, shall be located and installed in the following manner:

1. Roof-mounted solar collectors shall be placed in the least conspicuous location without reducing the operating efficiency of the collectors;

2. Wall-mounted and ground-mounted collectors shall be screened from public view, to the maximum extent feasible;

3. Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof. Solar panels may be placed on a flat roof in an angled position if they are appropriately screened from view by elements that are compatible with the architectural style, color, and use of materials on the main portions of the building.;

4. Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view, to the maximum extent feasible; and

5. Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with roof materials and other dominate colors of the structure.

D. Obstruction of solar access. Structures (building, wall, fence, etc.) should not be constructed or new vegetation placed or allowed to grow, so as to obstruct solar access on an adjoining parcel.

18.30.150 - Solid Waste/Recyclable Materials Storage

This Section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911).

A. Required storage for multi-family projects. Multi-family residential projects with five or more dwelling units, shall provide solid waste and recyclable material storage areas as follows:

1. Individual unit storage area requirements. Each dwelling unit shall be provided an internal area of a minimum of six cubic feet designed for the storage of solid waste and recyclable material. A minimum of three cubic feet shall be provided for solid waste and a minimum of three cubic feet shall be provided for recyclable material; and

2. Common storage area requirements. Table 3-4 establishes minimum requirements for common solid waste and recyclable material storage areas for multi-family developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These minimum requirements may be reduced by the Town Engineer upon a finding that the reduced requirements will provide sufficient storage area for solid waste and recyclable materials generated by the structures and uses. All required storage areas are measured in cubic feet.

TABLE 3-4

MULTI-FAMILY SOLID WASTE STORAGE AREA REQUIREMENTS

 

B. Required storage area for non-residential structures and uses. Non-residential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas in compliance with Table 3-5. These requirements may be reduced by the Town Engineer upon a finding that the reduced requirements will provide sufficient storage area for solid waste and recyclable materials generated by the structures and uses. All required storage areas are measured in cubic feet.

TABLE 3-5

NON-RESIDENTIAL SOLID WASTE STORAGE AREA REQUIREMENTS