Montebello

If a Non-conforming use is discontinued or abandoned for a continuous period of 180 days or more, such use shall be deemed to have lost its Non-conforming status and shall not be reestablished.

Parklets must be located at least one parking space away from an intersection or street corner. Parklets are permitted on streets with speed limits of 25 mph or less. Parklets must include a platform/deck that is flush with the sidewalk, unless the parklet is designed to be terraced. Parklets must end at the sidewalk and parklet furniture, heaters, and landscaping may not spill onto sidewalk. Stable and sturdy traffic barriers must be installed on all three sides open to the roadway traffic. The barrier must have a minimum height of 36 inches and maximum height of 42 inches. To allow for water flow, parklets must provide a drainage channel that is a minimum of 3 inches tall and 2 feet wide, along the entire length of the parklet, adjacent to the curb.

Building within the Downtown Core, Main Street, and Downtown Edge zones may exceed the maximum allowed base building height by one story for up to 30% of the building footprint area provided an equal amount of building footprint area is one story shorter than the maximum allowed base building height (see Figure D.12).

Bay windows shall be a maximum of ten (10) feet wide and shall have a height that is equal to or greater than their width. Bay windows shall be placed a minimum of two (2) feet from any building corner and a minimum of three (3) from any other bay window. Bay windows shall consist of at least 75% transparent fenestration.

When a use is not specifically listed in Table D.3, the Planning and Community Development Director or his/her designee, shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to, and no more detrimental than, those permitted in the zone. Uses not listed, or otherwise determined by the Planning and Community Development Director or his/her designee to be permitted, are prohibited.

Every use, including change or expansion of a use, or structure, shall have appropriately maintained parking and loading spaces or areas in compliance with the regulations identified in this section.

On through lots one hundred fifty feet or less in depth, the height of a building on the lot shall be based on the permitted building height on the street on which the building fronts (measured from the exiting grade of the sidewalk). On through lots more than one hundred fifty feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of more than one hundred fifty feet from that street.

The following structures may exceed building height limits prescribed for any zone: A. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; B. Fire or parapet walls, skylights, flagpoles (not including used for signage in accordance with Section 17.62.070(B)(3), chimneys, smokestacks, antennas, and similar structures; Provided, that no structure referred to shall be used for the purpose of providing additional usable floor space.

A building or structure shall not be erected or maintained on a lot which abuts a street having only a portion of its required width dedicated unless sufficient yards are provided to complete the road width, plus the width or depth of the yards required on the lot. This section applies to all zones, whether or not the yards are required. B. This section does not require a yard that would reduce the buildable width of a corner lot to less than forty feet.

All corner and reversed lots shall maintain for vision purposes a triangular area which is fifteen feet from the corner, measured along the front and side lot lines. Within the area comprising the triangle no tree, fence, shrub, building or other physical obstruction higher than thirty-six inches above the established grade shall be permitted

The following intrusions may project thirty inches into any required yard unless otherwise noted: A. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features; B. Fireplaces not wider than eight feet measured along the wall to which it is attached; C. Stairways, balconies and fire escapes; D. First floor uncovered porches and platforms may extend six feet into the front yard; E. Planting boxes or masonry planters not exceeding thirty-six inches in height; F. Guard railings needed for safety purposes.

When a lot legally of record as of July 2, 1956, has less than the minimum required area, width or depth, such lot shall be deemed to have complied with the minimum lot size requirements in any zone. When an R-3 or R-4 lot legally of record prior to April 28, 1986, has at least five thousand square feet such lot shall be deemed to have complied with the minimum lot size in the respective zone.

The provisions of this code shall not limit or interfere with the installation, maintenance and operation of pipelines for transmission or distribution of water, gas, or other public utilities, or electric or telephone transmission lines, or railroads, when located in accordance with the rules and regulations of the Public Utilities Commission of the state to the extent that the same are applicable, upon property or within rights-of-way, easement or franchises authorized and available for such purpose.

Except as provided herein, every required yard shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of this code shall be considered as providing a yard or open space for any other building, and no yard or open space on any adjoining property shall be considered as providing a yard or open space on a building site whereon a building is to be erected.

When the common boundary line separating two contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building site and the yard spaces as required by this code shall then not apply to such common boundary line.

Where two or more buildings are, by definition of this code, considered main buildings, then the front yard requirement shall apply only to the building closest to the front lot line.

The planning commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required yards in all residential zones where geometric shape and dimensions of topography are such as to make the literal application of such required yards impractical.

The minimum width of the side yard upon which dwellings front shall be not less than ten feet.

the required side yards to the rear of such dwellings shall be increased by one foot for each dwelling unit having such an entrance or exit opening into or served by such yard, provided such increase need not exceed five feet.

Any building which is the only building on a lot or building site is a main building unless authorized by variance.