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Chico, CA Code of Ordinances
CHICO MUNICIPAL CODE
THE CHARTER OF THE CITY OF CHICO
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (RESERVED)
Title 5 BUSINESS REGULATIONS1
Title 6 (RESERVED)
Title 7 ANIMALS
Title 8 HEALTH AND SANITATION1
Title 9 PUBLIC PEACE, SAFETY AND MORALS
Title 10 VEHICLES AND TRAFFIC
Title 11 AIRPORT1
Title 12 PARKS
Title 13 (RESERVED)
Title 14 STREETS AND SIDEWALKS
Title 15 UTILITY SERVICES
Title 16 BUILDINGS AND CONSTRUCTION1
Title 17 (RESERVED)
Title 18 SUBDIVISIONS
Title 19 LAND USE AND DEVELOPMENT REGULATIONS1
Title 2R ADMINISTRATION AND PERSONNEL AND EMPLOYEE RELATIONS RULES
Title 3R REVENUE AND FINANCE RULES AND PROCEDURES
Title 5R BUSINESS RULES AND REGULATIONS
Title 8R SOLID WASTE COLLECTION RULES
Title 10R VEHICLES AND TRAFFIC RULES AND PROCEDURES
Title 11R CHICO MUNICIPAL AIRPORT RULES AND REGULATIONS1
Title 12R RULES AND REGULATIONS OF BIDWELL PARK AND OTHER PARKS AND PLAYGROUNDS1
Title 14R BUILDING IN STREETS, SIDEWALKS AND PUBLIC PLACES
Title 15R WATER AND SEWERS
Title 16R BUILDING STANDARDS
Title 18R DESIGN CRITERIA AND IMPROVEMENT STANDARDS1
TABLES
Chico, CA Comprehensive Ordinance Table
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19.60.020   Access.
   Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement or recorded reciprocal (mutual) access agreement, as determined by the Director. Driveways shall be developed in compliance with the standards contained in Section 19.70.070 (Driveways and site access).
(Ord. 2185)
19.60.030   Creekside development.
   A.   Purpose. Creek corridor habitats support plants and animals, recharge aquifers, and filter some pollutants. Creek corridors are valuable as open space areas and are of recreational and scenic interest. For these reasons, it is the intent of the City to provide adequate buffer areas between creek corridors and adjacent development to protect this valuable community resource as a natural, scenic, and recreational amenity.
   B.   Applicability. The provisions of this section apply to any property adjoining or including any of the following waterways:
      1.   Big Chico Creek;
      2.   Butte Creek;
      3.   Little Chico Creek/Butte Creek Diversion Channel;
      4.   Comanche Creek (Edgar Slough and its tributaries);
      5.   Lindo Channel;
      6.   Little Chico Creek and its tributaries including Dead Horse Slough; and
      7.   Sycamore/Mud Creek.
   C.   Streambed Information Required. At the time of permit application, applicants with parcels adjoining any of the above specified waterways shall submit site-specific streambed information prepared by a hydrologist, civil engineer, or qualified professional to determine the precise top of bank of the waterway, as defined in Subsection D below. The analysis shall include:
      1.   Detailed mapping of at least 1:100 scale;
      2.   Identification of the direction and flow of material run-off from the site, or   immediately adjacent to the site;
      3.   The need for mitigation measures, including rip rap, energy dissipation structures, or flow stabilizing devices, to keep flow velocities close to pre-development levels; and
      4.   Other information that the Director determines is necessary to properly analyze and mitigate potential impacts of the proposed development on the waterway.
   This requirement may be waived by the Director if it is determined that the project, because of its size, location, design, or other factors, will not have a significant impact on the waterway, or that sufficient information already exists and that further analysis is not necessary.
   D.   Top of Bank Defined. "Top of bank" shall mean the upper elevation of land, having a slope not exceeding 10 percent, which confines the channel waters flowing in a watercourse in their normal course of winter flow.
   E.   Creekside Development Standards.
      1.   A setback, easement, or dedication including any land within the channel and a minimum of 25 feet from the top of bank shall be required in all zoning districts. Additional setback, easement, or dedication may be necessary to protect environmental resources. The City may also acquire additional setback, easement, or dedicatio from top of bank.
      2.   As specified in Subsection E-1 above, setbacks shall be required for all ministerial projects. Either a setback, easement, or dedication shall be required for all discretionary land use entitlements. Tentative maps shall be conditioned in compliance with Title 18 (Subdivisions).
      3.   No structure, parking access, parking space, paved area, or swimming pool shall be constructed within a creek or creekside setback.
      4.   No grading or filling, planting of non-native or non-riparian plant species, or removal of native vegetation shall occur within a creek or creekside setback.
      5.   Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth-tone concrete, and native landscaping.
   F.   Downtown Creeks. New development Downtown, adjacent to Big Chico Creek or Little Chico Creek shall adhere to the following additional standards:
      1.   Provide public access to the creek; and
      2.   Incorporate design features that front the creek side of the property such as outdoor seating or dining, public open spaces, and/or facade improvements.
(Ord. 2185; Ord. 2223; Ord. 2397 §7, Ord. 2440 §37)
19.60.050   Exterior lighting.
   Exterior lighting shall be architecturally integrated with the character of all structures, energy-efficient, and shielded or recessed so that direct glare and reflections are confined, to the maximum extent feasible, within the boundaries of the site. Exterior lighting shall be directed downward and away from adjacent properties and public rights-of-way. Shielded shall mean that the light rays are directed onto the site and the light source, whether bulb or tube, is not visible from an adjacent property. All parking and security lighting shall consist of full cutoff fixtures, unless a different cutoff classification is specifically authorized through the architectural review process. This section does not apply to sign illumination, traffic safety lighting, or public street lighting. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving.
(Ord. 2185; Ord. 2381 §6)
19.60.060   Fencing and screening.
   The following standards shall apply to the installation of all fences and walls. Fences and walls require approval from the Architectural Review and Historic Preservation Board (ARHPB), if ARHPB review is also required for the underlying development project. Perimeter fences and walls adjacent to the public right-of-way within a proposed subdivision require approval from the Commission, as part of the tentative map review process.
   A.   Height Limitations. Fences and walls are subject to the following height limitations:
      1.   General Height Limits for Residential Uses.
         a.   Standard Parcels. On all parcels except corner lots, fences, walls, or similar obstructions shall not exceed the following height limitations:
            (1)   Front Yards. 3 feet. May be increased to 4 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits), or up to 6 feet with approval of a use permit in compliance with Chapter 19.24 (Use Permits).
            (2)   Rear Yards. 7 feet for all fences; may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).
            (3)   Side Yards. 7 feet for all fences outside the front yard setback area (see Figure 5-1). Interior side yard fencing may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).
            No fence authorized by a use permit shall exceed 6 feet in height in any required front or street side yard nor 8 feet in height in any rear or interior side yard.
         b.   Corner Parcels.
            (1)   No fence, wall, or other visual obstruction over 3 feet in height above the top of the existing or planned curb elevation shall be located within a sight distance area.
            This provision shall not apply to: public utility poles; trees trimmed, to the trunk, to a line at least 13 feet 6 inches over a curb area and 10 feet over a sidewalk; 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; supporting members of appurtenances to permanent structures existing on the effective date of these Regulations; and official governmental warning signs or signals.
            (2)   Street side yard fences, up to a maximum height of 7 feet for all fences outside the front yard setback area (see Figure 5-1). Street side yard fencing may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).
         c.   Swimming Pools, Spas and Similar Residential Amenities. Swimming pools, spas and other similar residential amenities shall be fenced in compliance with the California Building Code.
         d.   Parcels with Grade Differential. Where there is a difference of less than 2 feet in the ground level between two adjacent parcels, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest contiguous parcel. When there is a difference of 2 feet or more in the ground level between two adjacent parcels, the height of any fence or wall on the property line shall be determined by the Director. The granting of an administrative use permit, in compliance with Chapter 19.25, may allow a fence or wall in excess of 6 feet in height between two adjacent parcels up to maximum height of either 10 feet, measured from the finished grade of the lower parcel at the property line, or 6 feet above the approved minimum finished floor elevation of either adjacent parcel.
      2.   General Height Limits for Commercial and Industrial Uses. Fences up to 10 feet in height are allowed non-residential sites when not adjacent to residential use or zone and consistent with the California Building Code; and if there are no sight distance area problems as determined by the Director.
   B.   Setback Requirements. Fences or walls may be located on any property lines in compliance with the height limits of Subsection A (Height Limitations), above.
   C.   Multi-Family Fencing Requirements. Development of two or more residential units on a single parcel shall require the installation of fencing along the side and rear property lines. Development of a single project on more than one parcel shall require fencing only on the project perimeter side and rear property lines. The fencing in multi-family projects shall not exceed the maximum allowable height, nor be required in a street side yard or adjoining a permanent open space.
   D.   Fence Design, Generally. Only one type of fence or wall design shall be allowed on any multi-family, commercial, or manufacturing site. Perimeter fencing along a public right-of-way for a single-family subdivision is subject to review and approval by the Commission as part of the subdivision review process. Perimeter fences or walls adjoining public rights-of-way shall be articulated to prevent a monotonous appearance on a continuous wall. The design may include an appropriate mix of materials and finish subject to the approval of the Director.
   E.   Required Fences Exempt. The provisions of this section shall not apply to a fence or wall required by any law or regulation of the City, State, or any agency thereof.
   F.   Prohibited Materials. The use of barbed wire, electrified fence, or razor wire fence in conjunction with any fence or wall, or by itself, is prohibited in all zoning districts unless:
      1.   Approved in a commercial or industrial zoning district, in compliance with Chapter 19.24 (Use Permits); and
      2.   Consistent with the requirements of Civil Code Section 835, including but not limited to the following:
         a.   Signage. Electrified fences shall be identified by prominently placed warning signs that are legible from both sides of the fence.
         b.   Perimeter fencing. Electrified fences shall be located behind a perimeter fence that is not less than 6 feet in height.
      3.   Or as required by any law or regulation of the City, State, or any agency thereof.
   G.   Landscaping adjacent to fencing and screening. For projects requiring architectural review in compliance with Chapter 19.18, landscaping (such as creeping vine species, shrubs, or hedges) shall be planted and maintained close to ground-mounted fencing and screening walls to dissuade graffiti vandalism, unless approved otherwise through the architectural review process.
   H.   Fencing or Wall Requirements. All multi-family and non-residential land uses shall comply with the following screening requirements:
      1.   Screening Between Different Land Uses. Wherever a site zoned for multi-family residential, commercial, or manufacturing purposes adjoins a residential zoning district, a 6-foot-high wood fence or solid decorative masonry wall (7 feet if one foot of lattice or other 50% view permeable material is incorporated into the top one foot of the fence design) shall be constructed along the property line adjoining the residential zoning district. The fence or wall shall be architecturally treated on both sides, subject to the approval of the Director, the Commission, or the Architectural Review and Historic Preservation Board if part of a project review.
      2.   Equipment. Any equipment, whether on the roof, side of structure, or ground, loading docks, service yards, trash and storage areas, and utility services shall be properly screened from public view. The method of screening shall be architecturally compatible with other site development in terms of materials, colors, shape, and size. The screening design and construction shall be subject to the approval of the Director, or the Architectural Review and Historic Preservation Board if part of a project review, and shall blend with the design of the structures and include appropriately installed and maintained landscaping when on the ground.
      3.   Outdoor Storage and Work Yards. All auto dismantling operations, auto wrecking yards, building materials supply yards, junk yards, lumber yards, recycling facility/processing centers, scrap metal yards, waste resource and waste recycling operations, and uses with similar outside storage shall comply with the following:
         a.   Outside uses shall have a solid sight-obscuring masonry wall or metal fence not less than 6 feet, nor more than 8 feet, in height, of a type and design approved in advance of construction or installation by the Director, or the Architectural and Historic Preservation Review Board if part of a project review. The fence shall include one or more operable gates to be used as the only entrances and exits for the property. The fence and gate shall be properly maintained to continuously conform to all conditions of approval.
         b.   All operations in conjunction with the above-listed uses, including the loading and unloading of materials and equipment, shall be conducted entirely within the fenced area.
         c.   All materials and equipment, including storage containers, trailers, and trucks, shall be stored within the fenced area. The materials and equipment shall not be maintained, stored, or used so as to be visible above the height of the sight- obscuring fence or wall except as follows:
            (1)   Mechanical equipment, including cranes, crushers, and loaders, may be of a height which may be visible beyond the limits of the property; and
            (2)   Except for equipment designed to move under its own power, all mechanical equipment with a height exceeding the sight-obscuring fence or wall shall be located a minimum distance of 40 feet from any exterior property line when adjacent to a residential district.
      4.   Outdoor Garden Supply Areas. Outdoor garden supply areas shall be screened with fencing, meshing, or other similar sight-obscuring material.
   I.   Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the Director.
   J.   Recreational Court Fencing. Fencing for recreational facilities such as tennis or basketball courts shall comply with all building code regulations.
(Ord. 2185; Ord. 2223; Ord. 2358 §12; Ord. 2397 §8, Ord. 2435 §32, Ord. 2494 §34, Ord. 2519 §21, Ord. 2580 §13, Ord. 2600)
Figure 5-1
Fence and Wall Standards
19.60.070   Height measurement and height limit exceptions.
   All structures shall meet the following standards relating to height.
   A.   Maximum Building Height. The height of structures shall not exceed the standard established by the applicable zoning district in Division IV. Maximum height shall be measured as the vertical distance from finished grade to an imaginary plane located the allowed number of feet above and parallel to the finished grade on sites outside of the Foothill Development overlay zone. For sites within the Foothill Development overlay zone, refer to Section 19.52.100 (Foothill Development overlay zone). 
(Ord. 2435 §33, Ord. 2440 §39, Ord. 2519 §22)
Figure 5-2
HEIGHT MEASUREMENT
   B.   Detached Accessory Structures. A detached accessory structure shall not exceed 15 feet in height. Additional height, up to a maximum of 10 feet, may be authorized with a use permit if architecturally consistent with the main structure.
   C.   Detached Garage. A detached garage or carport shall not exceed 15 feet in height. Except:
      1.   A height of 25 feet is allowed for garages with an ADU above; and
      2.   A height of 25 feet may be allowed for garages without an ADU above if the additional height is architecturally consistent with the main structure and has a minimum setback distance of 10 feet from any property line.
   D.   Structures on Sloping Parcels. Where the average slope of a parcel is greater than a 1-foot rise or fall in 7 feet of distance from the street elevation at the property line, one story shall be allowed on the downhill side of any structure in addition to the height allowed by the applicable zoning district; provided that the height of the structure shall not be increased above the limit established by the zoning district, measured from the finished street grade to the top of the roof.
Figure 5-3
ADDITIONAL BUILDING HEIGHT ON DOWNHILL LOT
   E.   Exceptions to Height Limits. The height limits of these Regulations shall not apply to the following:
      1.   Elevator Penthouses and Lofts. Elevator penthouses and similar structures, up to a maximum of 15 feet above the allowed structure height. The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than 25 percent of the total roof area of the structure.
      2.   Outdoor Theater Screens. Outdoor, drive-in theater screens, provided the screen contains no advertising material.
      3.   Parapet Walls. Parapet walls extending not more than 6 feet above the height limit of the structure.
      4.   Public Assembly. The maximum height for places of public assembly, including churches, schools and other allowed public and semi-public structures, may exceed the height allowed in the zoning district, subject to the approval of a use permit, provided the area of assembly is located on the first floor of the structure. For each 1 foot by which the height of the structure exceeds the maximum height, the side and rear yards shall be increased in width and/or depth by an additional foot over the side and rear yards required for the highest structure allowed in the zoning district;
      5.   Single-Family Dwellings in RS and R1 Districts. The height of a single-family dwelling in the RS and R1 zoning districts may be increased up to an additional 5 feet when two side yards are provided, each having a minimum width of 15 feet.
      6.   Spires, Towers, Water Tanks and Renewable Energy Devices. Belfries; chimneys; cupolas; domes; flag poles; gables; monuments; spires; towers, including hose, utility, and water; water tanks; similar structures; and renewable energy devices and necessary mechanical appurtenances may exceed the height limit established for the applicable zoning district, subject to the approval of an administrative use permit, in compliance with Chapter 19.25, or subject to architectural review, in compliance with Chapter 19.18.
      7.   Telecommunications Facilities. Telecommunication facilities, including antennae, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a use permit, in compliance with Chapter 19.24.
(Ord. 2185; Ord. 2223; Ord. 2243, Ord. 2427 §44, Ord. 2435 §33, Ord. 2494 §35, Ord. 2519 §22, Ord. 2580 §14)
19.60.080   Noise.
   A.   Noise Control. Noise shall be controlled at the source through berms, buffer yards, insulation, structure design and orientation, staggered operating hours, and other techniques. Where necessary, noise barriers shall attenuate noise to acceptable levels and the barriers shall be landscaped to reduce any negative visual impacts on the community, in compliance with the Noise Element of the General Plan. All development shall comply with Chapter 9.38 (Noise) of the Municipal Code.
   B.   Manufacturing Noise Levels. Manufacturing uses shall comply with Section 19.46.040-B-4 (Manufacturing/Industrial zoning district performance standards), where applicable.
   C.   Railroad Noise Buffers. Noise buffers or sound attenuation shall be installed for all new adjacent residential developments in compliance with the Noise Element of the General Plan.
(Ord. 2185, Ord. 2440 §40)
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