17.08.090 Overlooks into residential rear yards.
A. The intent of this section is to provide a reasonable degree of privacy to and screening of residential rear yards adjacent to multistory office, commercial, industrial, apartment or condominium structures. Screening shall only apply to the rear yard of the impacted residential property, being defined as a three-dimensional area measured horizontally between the rear property line and the residential structure, and measured vertically between the grade of the residential structure’s foundation and a plane five feet above such grade. This section does not intend to provide a total screening of the affected yard area, or the affected residence’s building walls and windows.
B. Screening shall apply to overlooks from all windows, balconies, and decks from the second floor and above, in office, commercial, industrial, apartment or condominium structures containing three or more units that are within one hundred fifty feet of property zoned for R-1, R-S, R-S-1A, E, MH, PUD projects and condominium projects of a single-family character with private rear yards. This section shall not apply to overlooks from buildings to yards within the same planned unit development projects.
C. If a building subject to this section begins construction and the property within one hundred fifty feet of it in the above cited residential zones is vacant, then it shall not be required to screen that vacant property from its view.
D. Where a project has a severe overlook problem because of topography, height of structure or other unusual conditions, the building and planning directors may require a landscape plan to provide a long term screening solution (effective within five years) within three hundred feet of property zoned R-1, R-S, R-S-1A, E, MH, PUD projects and condominium projects of a single-family character with private rear yards.
E. Where a project falls under the provisions of this section, a conceptual screening plan shall be submitted with the site plan review application. Where possible, the screening plan shall incorporate the use of landscaping.
F. The decision as to what is a reasonable degree of privacy and a reasonable plan to accomplish such privacy shall be determined by the building and planning directors. In making such decision, the directors shall consider the following factors:
1. Topography and zoning of neighboring properties;
2. Design alternatives;
3. Cost;
4. Timing of development;
5. Building code and fire safety regulations;
6. Other factors determined to be significant by the directors.
G. Methods which may be used to accomplish screening include, but are not limited to:
1. No windows, balconies or decks facing the affected residential property;
2. Windows with sills a minimum of five feet above the floor;
3. Translucent glass;
4. Wing walls;
5. Louvers appropriately directed;
6. Landscaping;
7. Awnings when used as an interim screening in connection with a permanent landscaping plan;
8. Other design solutions which accomplish essentially the same results as determined by the directors;
9. Separation of the multistory building from the closest portion of the yard being protected by a minimum distance of one hundred fifty feet measured horizontally. (Ord. 3835 § 6, 1998)