§ 30.64.050. Alternative Standards.

a.

Fences and Walls. Except for fences and walls within the front yards of single family residences, fences, walls and hedges over six (6) feet in height are permitted within required setbacks when:

1.

The Commission or Board determines that a fence or wall over six (6) feet is required to mitigate the effect of a use on an adjacent use with the approval of a related land use application.

2.

The Zoning Administrator determines that additional height, up to 8 feet in overall height, is appropriate for fences and walls within accessory structure setbacks in the side or rear yard with an administrative minor deviation application. The additional height (8′ maximum) may also be granted in the front yard only to within 15′ of the front property line.

3.

The Zoning Administrator determines that additional height, up to the height permitted for accessory structures, is appropriate for an open decorative or chain link fence and/or lighting enclosing a game area, with an administrative minor deviation application.

4.

Retaining walls shall not exceed a maximum height of three feet (3′) except as permitted by subsections (A), (B), or (C) below. However, in no case shall walls (including retaining walls) for commercial development exceed three feet in height above the finished grade of the street (or sidewalk if constructed) within required street setbacks (see 30.64.020(1)(C)). (Also see Table 30.64-2 for Outside Storage)

A.

Adjacent to property whose elevation is lower than the developing property, a retaining wall or combined wall/retaining wall may be permitted to a maximum height of nine (9′) feet. Additionally, a 90% open decorative fence up to a maximum height of six feet (6′) is permitted for any part of the wall/retaining wall over 9 feet. (See Figure 30.64-15)

B.

An Alternative retaining wall system (hillside development) may be permitted per Figure 30-64-1.

C.

Specified maximum wall heights may be increased to a maximum of twelve feet (6′ wall plus 6′ retaining wall) for the following, subject to the landscape provisions specified and compliance with subsection (5) below (See Figure 30.64-15):

i.

Subdivision walls (perimeter or interior) along any local or private street shall provide a six-foot (6′) landscape strip (see Figure 30.64-8).

ii.

Interior subdivision walls with initial development (no additional landscaping required).

iii.

Perimeter subdivision walls within the rural residential districts along any collector or arterial street shall provide a minimum 10 feet of landscaping. For suburban and compact districts, see Figure 30.64-17 or Figure 30.64-18.

iv.

Walls adjacent to non-developed property (no additional landscaping required).

v.

Walls adjacent to developed properties when the finished grade of the developing property is lower than the finished grade of the developed property (no additional landscaping required).

vi.

Walls adjacent to developed properties when the finished grade of the developing property is higher than the finished grade of the developed property shall only be permitted with approval of an Administrative Minor Deviation application. Additional landscaping shall not be required.

5.

Retaining walls shall not exceed two feet (2′) within any sight visibility zone.

6.

The Director of Public Works and/or the Director of Building determine that a wall is required to protect property or public safety. The height and design of such a wall, including those within flood control facilities, shall be as required by the Director.

b.

Adjustments to Site Landscape and Screening Standards. Proposals to utilize standards different from those provided elsewhere in this chapter may be considered in light of the unique characteristics of an individual site, including those created by the shape and location of property, design of existing or proposed structures, and the operation of the uses proposed for the site. Adjustments to site landscape standards include those related to screening and buffering, placement and amount of site landscape materials, parking lot landscaping, amount of turf, and the location of fences and walls. The determination of the acceptability of such adjustments shall be based upon consideration of the following:

1.

The provision of landscape proposals to reduce environmental problems and to further the County's compliance with the Federal Clean Air Act Amendments of 1990 such as, but not limited to, increased use of allowable landscape species which increase the absorption of carbon dioxide and production of oxygen, and produce low amounts of pollen.

2.

The ability of the proposed standards to result in the same or improved screening and buffering function as results from the standards of Table 30.64-1

3.

The ability of the proposed standards to provide the same or enhanced visual character to the site as would result from the application of the landscape requirements for which alternative standards are being offered.

4.

The ability of the proposed standards to maintain water demand equal to or less than that anticipated to be required by the installation and maintenance of the landscape plan and materials for which the alternative standards are being offered.

5.

The ability of the proposed standards to result in site landscaping that maintains or increases the site development compatibility with that of adjacent sites in the manner anticipated through the application of the landscape requirements for which alternative standards are offered.

c.

The Commission or Board may approve modified standards, including reduced or additional landscaping or fence height, as a condition imposed in conjunction with the approval of a land use application or by a waiver of standards application per Table 30.16-7, which, in their estimation, will better accomplish the purposes of this Chapter. Alternative standards to parking lot landscaping requirements may be considered through a design review application per Table 30.16-9, however, a waiver of development standards is required to eliminate such requirements. In addition, the specialized requirements within Table 30.44-1 shall supersede the requirements of this Chapter.

(Ord. 3586 § 9 (part), 2008; Ord. 3549 § 11 (part), 2007; Ord. 3472 § 12 (part), 2006; Ord. 3432 § 11 (part), 2006; Ord. 3354 § 11 (part), 2006; Ord. 3229 § 12 (part), 2005; Ord. 3209 § 10 (part), 2005; Ord. 2934 § 9, 2003; Ord. 2769 § 105, 2002; Ord. 2573 § 14 (part), 2001: Ord. 2482 § 15 (part), 2000; Ord. 2481 § 3 (part), 2000)

(Ord. No. 3757, § 9, 3-18-2009; Ord. No. 4036, § 13, 6-19-2012; Ord. No. 4077, § 13, 1-9-2013; Ord. No. 4275, § 11, 2-18-2015; Ord. No. 4288, § 6, 4-22-2015)