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HomeMy WebLinkAbout08222024 BSC Agenda Item 3 DEFINITION OF STRUCTURE Sec. 18-272. Definitions. Unless specifically defined below,words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application. Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion,sediment transport, and deposition; and unpredictable flow paths. Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appurtenant structure means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Area of future conditions flood hazard means the land area that would be inundated by the one-percent- annual chance (100-year)flood based on future conditions hydrology. Area of moderate flood hazard means the land between the limits of the base flood and the 0.2-percent- annual-chance(or 500-year)flood.They are shown on flood maps as zones labeled with the letters B or X. Area of shallow flooding means a designated AO,AH,AR/AO,AR/AH,or VO zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist,where the path of flooding is unpredictable and where velocity flow may be evident.Such flooding is characterized by ponding or sheet flow. Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, zone A usually is refined into Zones A,AO,AH,A1-30,AE,A99,AR,AR/A1-30,AR/AE,AR/AO,AR/AH, AR/A,VO, V1-30,VE or V. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation(BFE) means elevation shown on the flood insurance rate map (FIRM) and found in the accompanying flood insurance study (FIS) for zones A,AE,AH,Al-A30,AR,V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percent chance of equaling or exceeding that level in any given year-also called the base flood. Basement means any area of the building having its floor subgrade (below ground level)on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces,without causing damage to the elevated portion of the building or supporting foundation system. Critical facility means a structure or other improvement that, because of its function, size, service area,or uniqueness, has the potential to cause serious bodily harm, extensive property damage,or disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired. Critical facilities include health and safety facilities, utilities, government facilities, and hazardous materials facilities. Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development means any manmade change to improved and unimproved real estate, including, but not limited to, buildings or other structures,mining, dredging,filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Created: 2024-07-14 13:49:33 [FIT] (Supp. No 45) Page 1 of 5 Elevated building means,for insurance purposes,a nonbasement building, which has its lowest elevated floor,raised above ground level by foundation walls, shear walls, posts, piers,pilings, or columns. Existing construction means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1,1975,for FIRMs effective before that date. "Existing construction" may also be referred to as"existing structures." Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including,at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Five-hundred-year floodplain elevation means the elevation of surface water resulting from a flood that has a 0.2-percent chance of equaling or exceeding that level in any given year.The 500-year floodplain elevation is shown on the flood insurance rate map for zones B and X(shaded). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations,or an examination, evaluation and determination of mudslide (i.e.,mudflow) and/or flood-related erosion hazards. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard and moderate flood hazard areas and the risk premium zones applicable to the community. Flood insurance study(FIS): See "flood elevation study". Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard and moderate flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers,dams, reservoirs,levees or dikes.These specialized flood-modifying works are those constructed in conformance with sound engineering standards. Floodplain or floodprone area means any land area susceptible to being inundated by water from any source (see definition of flooding). Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including,but not limited to, emergency preparedness plans,flood control works and floodplain management regulations. Floodplain management regulations means zoning ordinances,subdivision regulations, building codes,health regulations, special purpose ordinances(such as a floodplain ordinance,grading ordinance and erosion control ordinance)and other applications of police power.The term describes such state or local regulations, in any combination thereof,which provide standards for the purpose of flood damage prevention and reduction. Created: 2024-07-14 13:49:33 [EST] (Supp. No.45) Page 2 of 5 Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers,dams, reservoirs,levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards. Floodproofing means any combination of structural and nonstructural additions, changes,or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,water and sanitary facilities, structures and their contents. Floodway:See "regulatory floodway." Functionally dependent use means a use,which cannot perform its intended purpose unless it is located or carried out in close proximity to water.The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure means any structure that is: (1) Listed individually in the National Register of Historic Places(a listing maintained by the Department of Interior)or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. Levee means a manmade structure,usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control,or divert the flow of water so as to provide protection from temporary flooding. Levee system means a flood protection system which consists of a levee,or levees,and associated structures, such as closure and drainage devices,which are constructed and operated in accordance with sound engineering practices. Lowest floor means the lowest floor of the lowest enclosed area(including basement). An unfinished or flood-resistant enclosure,usable solely for parking or vehicles,building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured home means a structure transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a"recreational vehicle". Created: 2024-07-14 13:49:33 [EST] (Supp. No. 45) Page 3 of 5 Manufactured home park or subdivision means a parcel(or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale. Mean sea level means,for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929,or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. Moderate flood hazard area:See area of moderate flood hazard. New construction means,for the purpose of determining insurance rates,structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31,1974,whichever is later, and includes any subsequent improvements to such structures.For floodplain management purposes, "new construction"means structures for which the"start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum, the installation of utilities, the construction of streets,and either final site grading or the pouring of concrete pads)is completed on or after the effective date of floodplain management regulations adopted by a community. Recreational vehicle means a vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,camping, travel, or seasonal use. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Riverine means relating to,formed by,or resembling a river(including tributaries),stream, brook,etc. Special flood hazard area:See "area of special flood hazard." Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act(Pub.L.97-348)),includes substantial improvement and means the date the building permit was issued,provided the actual start of construction, repair, reconstruction,rehabilitation, addition placement,or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles,the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing,grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings,such as garages or sheds not occupied as dwelling units or not part of the main structure.For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,floor,or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means, for floodplain management purposes,a walled and roofed building, including a gas or liquid storage tank,that is principally above ground,as well as a manufactured home. Created: 2024-07-14 13:49:33 [EST] (Supp.No.45) Page 4 of 5 Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction,rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement.This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed.The term does not, however,include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a"historic structure",provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate,other certifications, or other evidence of compliance required in Section 60.3(b)(5),(c)(4),(c)(10),(d)(3),(e)(2),(e)(4),or (e)(5)is presumed to be in violation until such time as that documentation is provided. Water surface elevation means the height,in relation to the National Geodetic Vertical Datum (NGVD) of 1929,(or other datum, where specified),of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord.No. 1849,§ 1(app.A),7-9-2007; Ord.No.2063,§ 1(App.A),3-11-2019; Ord.No.3042,§ 3,1-23-2023) Created: 2024-07-14 13:49:33 [EST] (Supp. No. 45) Page 5 of 5 DRIVEWAY MATERIALS Sec. 70-60. General driveway and sidewalk requirements. (a) Where there are tree canopies overhanging any portion of a sidewalk to be constructed,a root protective layer of six mil poly shall be placed on top of the ground under the rebar to protect any tree root system that could be damaged by the sidewalk concrete.No tree roots of one-inch diameter or larger shall be cut or damaged by the sidewalk construction without approval of the urban forester. (b) No water meters, water valves,hydrant valves or cleanouts shall be installed in paved areas unless approved in writing by the building official. (c) On side street entry garages, the garage door must be a minimum of 18 feet from the property line abutting the side street. (d) Any driveway parking space required by the city's zoning code shall not encroach into the street right-of-way. (e) Sidewalks shall run parallel to the curb and be located at or as near the property line as possible unless otherwise approved in writing by the building official. (f) The building official may approve the use of decomposed granite in place of concrete upon the request of a property owner if the urban forester determines that the use of decomposed granite is necessary to preserve a protected tree,the property owner agrees to maintain the decomposed granite and the property owner agrees to replace the decomposed granite with concrete should the protected tree die or be removed. Created: 2024-07-14 13:49:40 i EST I (Supp. No.45) Page 1 of 2 x X \ci,Z nµ L Z A O m 20 <z 020 mO m�°v ?? 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'•..,' -In Io c nc vo cz co Irmm y2 v Z".O D v -0 .+ m Z 1 G 0 ' \r• K 3 _ m D Z D D p D K mpx2D -i I N S< n O X •5 00 A m 2 PP D 3 < (n-• p�D3 e. n3 70 0 D �3 0 D ., pc 6D1c,zpz 'ov2� 0 3 M mz • m0 r m� �w, zip c _ I �' ZS -{ O�^ no m mo _ �Ocp O C m n F y z rn o op"' z > •-iZ Ill zZ W� n z A 5p o0 1 v O z x O z — z 29 0 ,n\ i.+'Ci ON T. 0 o z 2 3-I D m n '6' moo m m 'rn�S vm 2 C 2 _ m (1 m O F m C m m D A m v O mx°sm E. co I 'm0 D < ,,,m Sm22� z - r oz n o, oAomD 0 O 000 W >ON m oFr<„rx,� x 0 City of West University Place Alternatives for Permeable Driveways 6/25/2024 Pervious Concrete General Description: Pervious concrete is a porous material that is made from a mixture of stones and concrete. It is a Portland cement-based, rigid permeable pavement that serves as the surface layer of a stormwater management system, acting as a water filtration system. Beneath the pervious concrete is the second layer of stormwater system,the base rock,which is an open-graded, stone layer that is used for temporary stormwater detention. When rain falls,the pervious concrete allows on-site infiltration of stormwater. It also filters sediments and pollution from stormwater deposited on the pavement surface. Pros: - Pervious concrete has a similar look and feel to concrete but water can easily permeate. - Surface is ADA-compliant and meets EPA stormwater regulations. Cons: - Requires maintenance to keep sediment from accumulating in the pores. Sediment accumulation will impact the permeability of the concrete. - Because this permeable surface is a filter, like any filter it must be cleaned periodically.Cleaning is performed by vacuuming to remove sediments that have accumulated.The frequency of the vacuuming is directly related to the amount of sediment that the surface receives over time. - Sometimes the accumulation of sediment can be too deep for repairs causing it to become impermeable and in need of replacement. Example: --- RiS- — 6 +� ! L^' - a* Y1� t . }�,}SET( .mYki� �: 14d+:�'tN :{^' M.._• + Permeable Pavers General Description: Permeable pavers are interlocking pavement systems that allow water to flow into layers of aggregate underneath. Pavers are spaced with a gap between units which allows infiltration of water.The pavers can be made into any arrangement and include a wide range of possible material options. The permeable paver section typically includes base stabilization, 6"to 8" of clear open-graded stone, pavers set on top with an open graded stone chip material as jointing infill. Depending on paver type, an edge restraint or concrete curb would be placed on both sides of the driveway. Pros: - Easily made ADA compliant if pavers are less than 1/2-inch apart. - Large variety of paver options and patterns. - Ease of maintenance and repairs. Pavers can be easily removed and reinstated, utility cuts can be completed without affecting the pavement life (no patches), and surface cleaning can be completed with standard vacuuming equipment. Cons: - Could experience damage in freezing temperatures due to water expansion. - Because of the open nature of the surfaces, permeable pavements clog with sediment and debris over time, thereby decreasing the infiltration rate.The rate of decrease depends on sources of deposited sediment. Routine inspections should take place to document surface clogging. Maintenance includes vacuum-sweeping to remove sediment. Examples: ECO-OPTILOC'"Permeable Pavers I Unilock Ontario ECO-PRIORA'"PREMIER Pavers. Permeable Pavers Ontario I Unilock Porous/Permeable Concrete Pavers&Pavement I PowerBlock I Ecoraster I Houston.Austin,San Antonio, Dallas. New Orleans I Construction EcoServices Permeable Pavers for Patio or Driveway I Belgard • . lin "bi: • -1 III �t 1 r I / ! I 1 t 1 X \ ,I Grass Pavers with Plastic Grid General Description: Permeable plastic or concrete grids infilled with grass which facilitate grass growth. Provides a permeable stabilized surface able to withstand residential traffic loading. Plastic grids are made from 100% post-consumer recycled HDPE with a sub-base composed of a base rock with 40%void space. Plastic grid paver installation includes stabilized subgrade geofabric, base rock, plastic grid, and sod. Pros: The grid reinforces structural integrity of the grass and reduces mud accumulation. Effectively reduces the heat island effect because the grass fully absorbs and uses the heat instead of reflecting it. ADA compliant Natural finish which increases green space Cons: - Subgrade soils with poor permeability require drainage such as perforated pipe or drain with outlet. - Requires regular maintenance such as weeding, mowing, and watering.This is not the best option for drought prone areas. - The grid increases the load bearing capacity of the grass, but this type of surface is not suitable for high-traffic areas. Examples: Permeable Pavers-Gravel or Grass Infill Commercial Paving I TRUEGRID(truegridpaver.com) f_ {i • r J Turf Pavers General Description: Concrete pavers which allow for natura grass to grow between the individual stones. Allows rainwater to filter through the bricks into the soil. Suitable for low-vehicular use areas that need structural strength but benefit from the appearance of green space. Typically include 40-percent open design. Turf pavers usually include an uncompacted subgrade soil, optional geofabric, underdrain (as required), open-graded subbase reservoir, open-graded bedding course,and concrete pavers(which can be infilled with grass or a permeable joint material) Pros: - The grid reinforces structural integrity of the grass and reduces mud accumulation. - Effectively reduces the heat island effect because the grass fully absorbs and uses the heat instead of reflecting it. - ADA compliant - Natural finish which increases green space - Helps with erosion and preserving the soil underneath Cons: - Requires regular maintenance such as weeding, mowing, and watering.This is not the best option for drought prone areas. - The grid increases the load bearing capacity of the grass, but this type of surface is not suitable for high-traffic areas. Examples: TURFSTONETM Pavers, Permeable Pavers Ontario I Unilock TurfStone Pavers For Driveways&Patios I MutualMaterials.com si NM MIN 111111111111111111 1Lr Zit W �j TTI�z ;t}4 ..-,.. i � •• X+4 `^" '�..'.#�,„a .^'ire .r .Sy ate` ::. "!s MrN 10, '"- , 1.% . vir\r„Nr 1 . `, - , {� � ra 7�y�..R, ., .S. y ) 4 -if • iir tr, ,,,,,,,i,f Ip � »rv7' M`+ aAh' - +�*"� M Ike:VW fir_ • Gravel Pave-Permeable Plastic Grid with Gravel General Description: Gravel pave driveways include an even layer of gravel overlaid with 100% post-consumer recycled HDPE plastic grids that are filled and covered with more gravel. Gravel is typically 5/8" or%"fill rock. The type and amount of gravel is up to the customer,gravel can be layered on top of the grid to hide the look of the plastic grid. Plastic grid paver installation includes stabilized subgrade geofabric, base rock, plastic grid, and rock. Pros: - Robust surface for parking and driving while also effectively managing stormwater and runoff. - Variety of gravel options depending on desired finish look Cons: - The grids increase stability and prevent most erosion, but the top layer of gravel may need refilling over time. - Similar to the pervious concrete, sediment may accumulate which may impact the filtration of the water. Examples: Permeable Grass&Driveway Pavers I Gravel Pavers-TRUEGRID Pavers ok -1 -,. 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'3, - -., ...f- - -.•-•,•'75;s_.-2,>:,;7,---;- .:,,,-.-',-; -=--,i'.', --;.:-.., . . . - ELECTRICAL CODE Electrical Code Chapter 26: It's suggested that we remove this section, which was added in 2009 and instead specify compliance with the 2020 NEC and 2021 IRC for cleaner and updated regulations. Sec. 26-26. - Permitted types of wiring. Any type of wiring or wiring system may be used in the city if approved by the electrical ordinances, except where specifically prohibited herein. (Code 2003, § 8.017) Sec. 26-27. - Certain circuits, plugs required. Window air conditioners. All window air conditioning units, whether to be operated on 110vac or 220vac current, shall be installed with and bonded to a polarized plug, and Number 10 AWG wire minimum for 220vac shall be used in bonding said air conditioning unit to the said polarized plug. (Code 2003, § 8.018; Ord. 1963, § 1(Exh. B), 10-22-2012) Sec. 26-28. - Meters. (a) Tiers. On apartment buildings, where space limitations will not permit placing all meters at the same height, they may be arranged in two tiers, with the openings for the meter dials in lower tier as near as practicable to five feet above mean ground level and second tier placed as near as practicable above the first. Where space limitations will not permit placing of meter cabinets as outlined above, the electric public service company, subject to the approval of the building official, may determine the arrangement to be used. All service outlets shall be located so as to permit placing the electric public service company's service wires on the wall of the building next to the supply. (b) Street side meters. The electric public service company shall never require the placing of the meter on the front or street side of a building, without the written consent of the owner, and where not practical in the opinion of the building official to place metering devices on the exterior of the building, said location shall be at a point, or points, convenient to the electric public service company's service as determined by the building official. (Code 2003, § 8.019) Sec. 26-29. - Minimum size of service conduit. Service conduit for any occupancy shall not be smaller than 1.25 inches, unless specifically approved otherwise by the building official. (Code 2003, § 8.020) Sec. 26-30. - Distribution system limitation. For the purpose of this article, the distribution system of any person furnishing electric power shall not extend to any property which such person does not own in fee simple or control by easement. (Code 2003, § 8.021) Sec. 26-31. -Tampering with fuses, circuit breakers. It shall be unlawful for any person: (1) To bridge, tamper with or change from its original installation (except upon the approval of the building official, and then only after a proper permit for alteration has been issued) any fuse of the plug, cartridge type or link type installed in panel boards, main switches or switchboards; (2) To alter or change circuit breakers so that the original calibration will be affected; or (3) To tie down or secure any circuit breaker so that it will not function properly. (Code 2003, § 8.022) Sec. 26-32. - Outside switches. Switches and equipment installed on the outside of the building in a recess in the outside wall and covered by a door as part of the building structure shall be considered as being on the exterior of the building and exposed to the weather. (Code 2003, § 8.023) Sec. 26-33. - Service entrance conductors. In any residence, apartment, apartment house, commercial building or other building of whatsoever character now existing or to be constructed within the city, all service entrance conductors, including underground conductors, shall have a minimum current-carrying capacity of 150 amperes. On buildings with existing service, this requirement shall apply when: (1) Load is added or modified; (2) An existing service is found to be inadequate for demand; or (3) An unsafe condition exists. (4) When replacing main service panel, all-service disconnect, service riser, or service underground lateral. Exception: Existing dwellings with a framed area of less than 1,500 square feet may have conductors with a minimum current-carrying capacity of 125 amperes. (Code 2003, § 8.024; Ord. No. 1896, § 1, 5-11-2009) Sec. 26-34. -All-service disconnect. In every building now existing or to be constructed within the city, there must be an "all-service disconnect" accessible on the outside of the building and located as close as practicable to the meter. It shall consist of one switch or circuit breaker having a continuous current rating of no less than 150 amperes. On buildings with existing service, this requirement shall apply when load is added or modified or whenever an unsafe condition exists or when replacing main service panel, all-service disconnect, service riser or service underground lateral. Exception: Existing dwellings with a framed area of less than 1,500 square feet may have a main "all-service disconnect" with a minimum continuous current rating of 125 amperes. (Code 2003, § 8.025; Ord. No. 1896, § 1, 5-11-2009) Sec. 26-35. -Wires, cables, conductors and circuits. (a) Wires, cables and conductors. Notwithstanding any other code provision or ordinance to the contrary, it shall be unlawful for any person to installed or use any of the following in connection with electrical work for any structure in the city: (1) Any wire other than solid or stranded copper; (2) Any wire smaller than gauge 12 AWG; (3) Any wire without a separate ground, either in the same cable or in the same conduit; (4) Armored cable, type A/C; (5) MC cable, unless the exterior armor is color-coded blue its entire length by the manufacturer to distinguish it from other flexible metallic conduit systems; (6) Nonmetallic sheathed cables, as listed in article 334 of the NEC (2008 ed.), but this prohibition only applies to multifamily dwellings with more than one floor above grade; or (7) Nonmetallic sheathed cables, as listed in article 334 of the NEC (2008 ed.), except in buildings used and occupied exclusively for residential purposes (without any nonresidential occupancies or mixed uses, even if only accessory or incidental). (b) Circuits. Notwithstanding any other code provision or ordinance to the contrary, it shall be unlawful for any person to install or use more than ten openings (outlets or fixtures) on any single electrical circuit for any structure in the city. (c) Old work. In any proceeding to enforce this section with respect to: (1) wire smaller than gauge 12 AWG; or (2) wire lacking a separate ground; or (3) having more than ten openings on a single circuit; It shall be an affirmative defense that the item was installed in strict accordance with an electrical permit issued by the city prior to September 1, 1994. (Code 2003, § 8.026; Ord. No. 1896, § 1, 5-11-2009) Sec. 26-36. - Grounding, GFCIs, etc. (a) Supplemental grounding. On any new service or change-out service there must be a supplemental grounding electrode as specified in article 250.52(A) of the NEC (2008 ed.), with the grounding electrode conductor sized per table 250.66 of the NEC (2008 ed.). (b) Certain GFCIs.The ground-fault circuit-interrupter required for a hydro-massage bathtub by Section 680.71 of the of NFPA 70 (2008 ed.) may not be located under such a bathtub and must be readily accessible. (Code 2003, § 8.027; Ord. No. 1896, § 1, 5-11-2009) Sec. 26-37. - Identification of apparatus, appliances, etc. The manufacturer's name, trademark or other identification symbol shall be placed on all electrical materials, apparatus, devices, appliances, fixtures and equipment used or installed in the city. (Code 2003, § 8.028) FIRE CODE Sec. 30-11. - Fire code adopted. The International Fire Code, as described in the standard codes schedule, together with the amendments and exceptions there stated (fire code), is hereby adopted and ordained by reference and incorporated into this chapter as fully as if copied herein. (Code 2003, § 9.101) HVAC LOCATION Sec. 54-41. Enumeration of specific noises. (a) The following noises, among others, are declared to be loud,disturbing noises in violation of this article (this enumeration is neither exhaustive nor exclusive of other noises): (1) The noise of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion,except as a danger signal if another vehicle is approaching apparently out of control;the same noise made while in motion,except as a danger signal after,or as, brakes are being applied and deceleration of the vehicle is intended; any unreasonably loud or harsh sound created by means of any such signal device;and the sound of such device made for any unreasonable period of time. (2) The sound of: a. Any vehicular or portable radio, phonograph,disc player, tape player or any musical instrument that is plainly audible outdoors from a distance of 100 feet or more(or 50 feet or more during residential quiet hours);or b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that is plainly audible from a distance of 50 feet or more. "Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. Example: If the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device,the enforcement officer need not determine the title of a song, specific words,or the artist performing the song.The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound. (3) The sound of any automobile, motorcycle or other vehicle so out of repair,so loaded or operated in such manner that it creates loud noises such as spinning or squealing tires,grating,grinding, rattling or other noise exceeding 85 decibels. (4) The sound of any mechanical equipment installed at a fixed location (examples:fans, compressors, condensers, pumps,generators,etc.), if: a. When the equipment is operating, noise from the equipment is discernable at a point outside the boundaries of the site where it is installed, and noise at that point is measured at a level of 70 dB(A) or higher;and b. Immediately before or after operation of the equipment, noise at the same point is measured at a level of 65 dB(A) or lower. (5) The sound of a discharge into the open air of the exhaust of any internal combustion motor or engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (6) The sound of any mechanical device operated by compressed air, except pneumatic drills, unless the noise thereby created is effectively muffled and reduced. (7) The sound produced by the erection,excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, if produced: a. During residential quiet hours, unless the dB(A) limitation in subsection 54-40(1)(a)is satisfied,or the next sentence is applicable. If the sound is produced during residential quiet hours at a time authorized in writing by the building official, a decibel limit of 85 dB(A)shall apply during the time period authorized by the building official. b. Outside residential quiet hours if the sound exceeds 85 dB(A)when measured from the property line of the residential property where the sound is being received.This decibel limit is not Crrate_1- 2024 07 14 13.49 38 ',CSC] (Supp. No.45) Page 1 of 2 applicable when a current,valid permit has been obtained for the activities named and the sounds are being produced outside of residential quiet hours. (8) Any excessive noise made on any street adjacent to any school, institution of learning or court while the same is in session,or adjacent to any hospital at any time,which noise unreasonably interferes with the working of any such institution, provided conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street. (9) Any loud and excessive noise resulting from the loading or unloading of any vehicle or container,or the opening or destruction of bales, boxes,crates or containers. (10) The sound of any bell,gong,whistle, siren, or other alarm or signaling device installed at a fixed location which is reasonably calculated to disturb a person of ordinary disposition if such person were in the vicinity thereof. Exceptions:This does not apply to: a. An emergency alarm operated by the fire department or other governmental agency; b. An alarm system permitted and operated in compliance with applicable regulations,including automatic shutoff rules,see, e.g. chapter 26; or c. Any gong, bell or chime used in a religious observance or prayer. (11) The sound of any drum, loudspeaker or other instrument or device used to attract attention to any performance,show or sale of merchandise. (12) The sound made by loudspeakers or amplifiers on trucks or other vehicles. (13) The sound made by leaf blowers, lawnmowers and other lawn and garden maintenance equipment when operated during residential quiet hours. (14) The sound made by lawnmowers or other lawn and garden equipment excluding leaf blowers operated outside residential quiet hours that exceeds 85 dB(A) measured at 25 feet from such equipment. (15) The sound made by any leaf blower operated outside residential quiet hours that exceeds 70 dB(A) from a distance of 50 feet utilizing the American National Standard Institute Methodology(ANSI B175.2).Any leaf blower that bears that certification shall be deemed to comply with any noise level limit of this subsection provided it operates as the manufacturer designed.Any operator of a leaf blower without this certification shall provide verification from the manufacturer confirming compliance with this subsection,and for the purpose of clarity,the lack of such certification shall be a violation of this subsection. (b) In the event of any conflict between this section and section 54-40,the provisions of this section shall control. (Ord. No. 2098, § 1(App. A), 7-27-2020) Created: 2024-07-14 13.49:38 [EST] (Supp. No.45) Page 2 of 2 General Rule: This schedule describes certain structures which are allowed to Table 78-7.Projections Schedule "project" into yards (or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures. See the "Yards (or 'setbacks')"and the"Open&Pervious Areas"tables. Maximum Allowed Projection (In Inches), Measured from Special Rules For Type of Structure Calculating Open The Inside Edge of The Yard &Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Items above ground level:Eaves, cornices,roof 24"except extensions, that no "greenhouse"and item below bay windows(no the eave 15"See 15"See The area does floor space),window 15"See may be sills,cantilevered Note 1.1. Notes 1.1 Notes 1.1 not count as closer than building space, and 13 36"to the and 13. open area. window boxes,belt SPL.See courses,window air Notes 1.1 conditioners and and 13. similar parts of buildings. 12"except Items at and above that no ground level: item below Chimneys/fireplaces the eave The area does Buildings and 15"See 15"See Attached (with cross-sectional 15" Notes 1.1 may be Notes 1.1 not count as areas of 8 square closer than either open or Structures and 13. feet or less) and 13. 36"to the pervious area. and similar parts of SPL See buildings. Notes 1 1 and 13. The area does not count as either open or Porches/platforms/d 0,but see pervious area. ecks higher than 14 Note 1.2. 0 See Notes 0 See Notes 0 See Notes The area beneath inches,and similar structures attached See Note 1 1 and 13. 1.1 and 13. 1.1 and 13. a deck may count to a building I.1. as pervious area if rain is allowed to pass through the deck. —� Steps not h gher The area does 2 10"See 0 See Notes 0 See Notes 0 See Notes not count as than the first floor level Note 1 1 I ] land 13. 1.1 and I3. 1.1 and 13. either open or pervious area. 35 Items near ground level:porches, The area counts platforms and decks as open area. higher than six No limit. The area beneath inches but not 120"See See Note 0 See Note No limit a deck may count higher than 14 Note 1.1. 1 1 13. as pervious area inches,and similar if rain is allowed structures attached to pass through the deck. to buildings Other parts of 0,but see 0,but see 0,but see 0,but see The area does buildings and Notes 3 and Note 3.See not count as Note 2.See Note 5.See structures attached 4.See Notes Notes 1.1 either open or Note 1.1. Note 13. to buildings. 1.1 and 13. and 13. pervious area. The area counts Sidewalks,patios, as open area but porches/platforms/d not as pervious ecks,retaining walls, area unless the driveways,parking No limit, material is areas and similar except that completely Ground level and structures not pervious to decks may underground higher than six not project No limit No limit No limit water.The area items inches;all more than beneath a deck underground 120" may count as structures.See also pervious area if Table rain is allowed to 78-3 regarding pass through the pervious pavement. deck.See Table 78-3. Air conditioning equipment,pool The area does equipment,and not count as similar freestanding 0 See Note 6. See Note 6. 0 either open or Mechanical mechanical pervious area. Equipment equipment The area may Utility meters and count as both 0 No limit 15" 12" related apparatus open area and pervious area. No limit The area may generally, count as Basketball goals 120" No limit but see No limit both open area Note 7. and pervious Certain Accessory area. Structures } The area may Playground count as 0 No limit 0 No limit both open area equipment and pervious area. 36 The area may count as Flagpoles 120" 0 0 0 both open area and pervious area. 0,but see No limit, The area does Fences Notes 8.1, No limit but see No limit not count as 8.2 and 12 Notes 8.1, either open or 8.2 and 11. pervious area. The area counts 0,but see 0,but see as open area. Swimming pools 0 No limit Only the water Note 9 Note 9. area counts as pervious area. No limit No limit No limit The area may lights and generally, generally, No limit g g y generally, count as both lampposts but see but see but see generally,but open area and see Note 10. Note 10. Note 10. Note 10. pervious area. The area may Gate closers 24" No limit I No limit No limit count as both open area and pervious area. The area does Signs(see Code of No limit 0 0 0 not count as Ordinances) . either open or pervious area. Note 1.1.Projections in QMDS See QMDS Schedule Note 1.2.Porch In Front Yard.On a building site in a residential d,str ct with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all of the fo towing criteria: (i) It Is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed SO cub c feet per foot of front street line(Example: the maximum projecting volume on a 52': foot wide site would be SO cubic feet x 52.5,or 2,625 cubic feet); (ii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens.(b)A solid or partially open safety rail not higher than 3 5 feet above the porch floor.(c)Supporting vertical columns,if the total width of the outer faces of the columns does not exceed either 50%of the outside perimeter of the porch or 25% of the theoretical outside perimeter of a maximum-sized porch. The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The 'maximum-sized porch"is 120 inches deep and extends from one side yard line to the other, but it is limited by the open area requirement for the front yard. The "outside perimeter" of a porch s the portion of the perimeter out in the front yard; it does not include the portion of the perimeter adjacent to a building or lying along the front setback line; (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example: if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and (v) No projecting balcony or enclosed, habitable space shall be constructed or placed above the ceiling of a projected porch. Note 2. Gas Pipef+ne Sites A principa' building may project into the front yard;f (a)the building site includes land in the rear of the building site subject to a gas transmission easement thirty Feet or wider that is actually traversed by a gas transmission (not distribution)pipeline: (b) no part of the principal building, except items that are otherwise allowed to project into front setback areas, is within twenty feet of the front street line;and(c)The entrance to garage spaces not closer than thirty feet to the front street line 37 Note 3. Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria:(a)No part of the building may be closer than five feet to the rear property line{or to any SF District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line of the other building site), except for translucent(but not transparent), non-operable openings. (c)Space in any projecting building may only be used for single-family(detached)use.(d)A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10. Note 4.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or gas transmission(not distribution)pipeline purposes; (b)the building does not occupy any area subject to a utility easement or drainage easement, unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the normal restrictions for rear yard projections do not apply(see notes above). Note S.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets all of the following criteria: (a) No part of the building may be closer than three feet to the side property line. Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage(plus stairway and eaves).(c)Any projecting part must be at least seventy feet from the front street line. (d)Within ten feet of another building site in an SF District(whether on the side, rear or otherwise),the building may have no window, door or other opening above the ground floor(and facing the property line of the other building site).Exception:There may be translucent(but not transparent),non-operable openings. Note 6.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only If:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment; (b)If the equipment occupies any part of an easement under the control of the City, the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line)only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure In a rear yard,replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided,but it may be either solid or at least 50%solid(e.g.,lattice).All other rules apply. Note 7. Basketball Goals.No part of the equipment may be closer than ten feet to any street line. Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by city ordinance(e.g.,provisions in Chapter 18 of the Code of Ordinances;provisions in POD schedules for front fences). Also in the Code of Ordinances,there are: (i)requirements for emergency portals in fences(Chapter 18)and(ii) restrictions on fences, certain"fence-like hedges"and other things in visibility areas(Chapter 82). In a QMDS low fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets. Note 8.2. Fence-like hedges. Fence-like hedges within the front yard(setback)of a building site containing no principal building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites. Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 9.Swimming Pools.Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Note 10.Lampposts.Maximum diameter of projecting posts is six inches;maximum height is eight feet. 38 IRRIGATION SYSTEMS Current code only requires certified test reports be submitted for residential properties only when new or replacement systems are being installed. Discussion to determine if reports should be required to be submitted yearly. MAJOR REMODELS - CERTIFICATES OF OCCUPANCY Sec. 18-9. - Certificates of occupancy. (a) Generally. A certificate of occupancy is a type of permit. All of the provisions of this chapter pertaining to permits apply with respect to certificates of occupancy, including, without limitation, the provisions relating to temporary or conditional permits and appeals to the BSC. (b) When required. Unless a certificate of occupancy authorizing the conduct in question is in effect (and not revoked, canceled or suspended), it shall be unlawful for any person to: (1) Occupy any new structure; (2) Change the occupancy of any structure, whether by changing ownership, changing tenancy or otherwise (Exception: this paragraph does not apply to single-family detached dwellings); (3) Change the use of any structure; or (4) Otherwise change any place or activity in such a way that there would be a change in the number of off-street parking spaces required by the zoning ordinance. (c) Application;contents. To obtain a certificate of occupancy, a person must apply to the building official. A certificate of occupancy, to be valid, must name a specific person as the holder of the certificate. The certificate shall only authorize that person and that person's spouse, dependents, invitees and licensees to use or occupy the property described. (d) Conditions for issuance. The building official shall not issue a certificate of occupancy unless it appears that there has been substantial compliance with: (1) Permit requirements and conditions (e.g., installation of trees, sidewalks, or other equipment or facilities); (2) Requirements for site clean-up; and (3) All other applicable regulations. (e) Supporting certificates. The building official may require the filing of sworn supporting certificates touching upon the matters in this section as a condition of issuing a certificate. The supporting certificates may be required of the proposed certificate holder as well as architects, engineers, contractors and others involved in the work (any or all). (f) Posting. A certificate of occupancy for any nonresidential building shall be continuously posted at a place to which the public has free access (during normal business hours) and such that it is visible from the principal entrance to such building. (Code 2003, § 6.109) NOISE ORDINANCE Sec. 54-41. Enumeration of specific noises. (a) The following noises, among others, are declared to be loud,disturbing noises in violation of this article (this enumeration is neither exhaustive nor exclusive of other noises): (1) The noise of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control;the same noise made while in motion, except as a danger signal after,or as, brakes are being applied and deceleration of the vehicle is intended; any unreasonably loud or harsh sound created by means of any such signal device; and the sound of such device made for any unreasonable period of time. (2) The sound of: a. Any vehicular or portable radio,phonograph, disc player,tape player or any musical instrument that is plainly audible outdoors from a distance of 100 feet or more(or 50 feet or more during residential quiet hours); or b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that is plainly audible from a distance of 50 feet or more. "Plainly audible"means any sound that can be detected by a person using his or her unaided hearing faculties. Example: If the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device,the enforcement officer need not determine the title of a song, specific words,or the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound. (3) The sound of any automobile, motorcycle or other vehicle so out of repair,so loaded or operated in such manner that it creates loud noises such as spinning or squealing tires,grating, grinding,rattling or other noise exceeding 85 decibels. (4) The sound of any mechanical equipment installed at a fixed location (examples:fans, compressors, condensers,pumps,generators,etc.),if: a. When the equipment is operating, noise from the equipment is discernable at a point outside the boundaries of the site where it is installed, and noise at that point is measured at a level of 70 dB(A)or higher; and b. Immediately before or after operation of the equipment,noise at the same point is measured at a level of 65 dB(A)or lower. (5) The sound of a discharge into the open air of the exhaust of any internal combustion motor or engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (6) The sound of any mechanical device operated by compressed air,except pneumatic drills,unless the noise thereby created is effectively muffled and reduced. (7) The sound produced by the erection,excavation,construction, or demolition of any building or structure,including the use of any necessary tools or equipment, if produced: a. During residential quiet hours,unless the dB(A)limitation in subsection 54-40(1)(a)is satisfied, or the next sentence is applicable.If the sound is produced during residential quiet hours at a time authorized in writing by the building official, a decibel limit of 85 dB(A)shall apply during the time period authorized by the building official. b. Outside residential quiet hours if the sound exceeds 85 dB(A)when measured from the property line of the residential property where the sound is being received.This decibel limit is not Created: 2024-07-14 13:49:38 [EST] (Supp. No 45) Page 1 of 3 applicable when a current,valid permit has been obtained for the activities named and the sounds are being produced outside of residential quiet hours. (8) Any excessive noise made on any street adjacent to any school,institution of learning or court while the same is in session, or adjacent to any hospital at any time, which noise unreasonably interferes with the working of any such institution, provided conspicuous signs are displayed in such street indicating that the same is a school,hospital or court street. (9) Any loud and excessive noise resulting from the loading or unloading of any vehicle or container,or the opening or destruction of bales, boxes,crates or containers. (10) The sound of any bell,gong, whistle, siren,or other alarm or signaling device installed at a fixed location which is reasonably calculated to disturb a person of ordinary disposition if such person were in the vicinity thereof.Exceptions:This does not apply to: a. An emergency alarm operated by the fire department or other governmental agency; b. An alarm system permitted and operated in compliance with applicable regulations, including automatic shutoff rules,see,e.g.chapter 26; or c. Any gong, bell or chime used in a religious observance or prayer. (11) The sound of any drum, loudspeaker or other instrument or device used to attract attention to any performance,show or sale of merchandise. (12) The sound made by loudspeakers or amplifiers on trucks or other vehicles. (13) The sound made by leaf blowers, lawnmowers and other lawn and garden maintenance equipment when operated during residential quiet hours. (14) The sound made by lawnmowers or other lawn and garden equipment excluding leaf blowers operated outside residential quiet hours that exceeds 85 dB(A)measured at 25 feet from such equipment. (15) The sound made by any leaf blower operated outside residential quiet hours that exceeds 70 dB(A) from a distance of 50 feet utilizing the American National Standard Institute Methodology (ANSI B175.2).Any leaf blower that bears that certification shall be deemed to comply with any noise level limit of this subsection provided it operates as the manufacturer designed.Any operator of a leaf blower without this certification shall provide verification from the manufacturer confirming compliance with this subsection, and for the purpose of clarity,the lack of such certification shall be a violation of this subsection. (b) In the event of any conflict between this section and section 54-40,the provisions of this section shall control. (Ord. No. 2098,§ 1(App.A),7-27-2020) Sec. 54-42.Affirmative defenses. (a) Request to cease. It shall be an affirmative defense in any prosecution under this article that a request to cease causing the noise in question was given neither to the person charged nor to any officer,agent, employee or representative of the person charged.All peace officers and other city enforcement personnel are hereby authorized to request that persons cease causing noises that are apparently in violation of this article.Nothing herein limits the right of others to make such requests. (b) Urgent public projects. It shall be an affirmative defense,in any prosecution under this article that the offending noise was deemed a necessary repair by the public works director for a public need. Created: 2024-07-14 13:49:38 [EST] (Supp. No.45) Page 2 of 3 (c) Measured noise levels. It shall be an affirmative defense,in any prosecution under this article,that a measured noise level was actually produced by some person or thing other than that alleged to have caused the noise. (d) Registered outdoor events. It shall be an affirmative defense,in any prosecution under this article,that the offending noise resulted from an outdoor concert or similar event that: (1) Was registered at least 48 hours in advance with the chief of police; (2) Did not last more than four hours,of which no more than two hours were during residential quiet hours; and (3) Was otherwise conducted to avoid disturbance of persons within nearby dwellings. (e) Speech or expression. The affirmative defenses for speech or expression enumerated in V.T.C.A., Penal Code §42.04(prior order to move,disperse or remedy)shall also be available in any prosecutions for violations of this article. (Ord.No. 2098,§ 1(App.A),7-27-2020) Sec. 54-43. Injunction as additional remedy. As an additional remedy,the noise made by any activity, device,instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort,repose,health or peace of residents in the area,shall be deemed,and is declared to be,in violation of this article and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. (Ord.No. 2098,§ 1(App.A),7-27-2020) Sec. 54-44. Sound level measurements. Sound level measurements under this article shall be made in accordance with the following criteria: (1) Measurements must be made with a type 1 or type 2 calibrated sound level meters using the A- weighting scale and the slow meter response as specified by the American National Standards Institute (ANSI 51.4-1984/85A). (2) Noise levels shall be measured in decibels and A-weighted.The unit of measurement shall be designated a"dB(A)." (3) Meters shall be calibrated annually in accordance with ANSI 51.40 1984. (4) Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. (5) The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used. (6) At the property line of the building site where the noise is being generated,unless as otherwise stipulated in section 54-41. (Ord.No. 2098,§ 1(App.A),7-27-2020) Cr,aced: 2024-07-14 13:49:38 [EST] (Supp. No.45) Page 3 of 3 Sec. 54-44. Sound level measurements. Sound level measurements under this article shall be made in accordance with the following criteria: (1) Measurements must be made with a type 1 or type 2 calibrated sound level meters using the A- weighting scale and the slow meter response as specified by the American National Standards Institute (ANSI 51.4-1984/85A). (2) Noise levels shall be measured in decibels and A-weighted.The unit of measurement shall be designated a"dB(A)." (3) Meters shall be calibrated annually in accordance with ANSI S1.40 1984. (4) Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. (5) The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used. (6) At the property line of the building site where the noise is being generated,unless as otherwise stipulated in section 54-41. (Ord.No. 2098,§ 1(App.A),7-27-2020) Created: 2024-07-14 13.49:38 [EST] (Supp. No.45) Page 1 of 1