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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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19.60.060   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)
19.60.090   Setback regulations and exceptions.
   A.   Purpose. This section establishes standards for the minimum size and use of yards. The purpose of these standards is to provide for open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.
   B.   Applicability of Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Division IV, and with any special setbacks established for specific uses by these Regulations, except as otherwise provided by this section. In no case shall any portion of a structure, including eaves and roof overhangs, extend beyond a property line or into an access easement or street right-of-way. Each required yard shall be open and unobstructed from the ground upward, except as provided in this section.
   C.   Exemptions from Setback Requirements. The minimum setback requirements of these Regulations apply to all uses except the following:
      1.   Fences or walls 6 feet or less in height above the finished grade of the site; except on corner parcels and within front yards, in compliance with Section 19.60.060-A- 1 -d (Fencing and screening); and
      2.   Retaining walls no more than 4 feet in height above the surrounding finished grade at any point.
   D.   Measurement of Setbacks. The required setbacks shall be measured from the property lines behind the adjoining edge of the public right-of-way or private street easement and related improvements, including adjacent pedestrian facilities. Setbacks shall be measured as follows (see Figure 5-4):
      1.   Front Yard Setbacks. The required front setback shall be measured at right angles from the nearest point on the front lot line of the parcel to the nearest point of the wall of the structure, except as follows:
         a.   Averaging. The required front setback may be calculated based on structure setbacks on adjacent parcels, instead of applying the setback normally required by the applicable zoning district, only under the following circumstances:
            The required front yard setback may be determined through averaging; provided that when four or more parcels in a block have been improved with structures, the minimum front yard setback shall be the average of the setbacks on the improved parcels, if maintaining less than the minimum required front yard setback. Further, the front yard setback for parcels with parkways may be reduced by 1 foot, except that the frontage of garages and covered parking areas providing vehicle access shall be set back no less than 20 feet to ensure pedestrian safety (see Figure 5-5).
Figure 5-4
LOCATION AND MEASUREMENT OF SETBACKS
Figure 5-5
AVERAGING OF FRONT SETBACKS
         b.   Corner Lots. The front setback shall be measured from the nearest point of the wall of the structure to the front lot line.
         c.   Flag Lots. The front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.
      2.   Side Yard Setbacks. The required side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest wall of the structure, establishing a setback line parallel to the side property line which extends between the front and rear setbacks.
      3.   Street Side Yard Setbacks. The required side setback on the street side of a corner lot shall be measured from the nearest point of the side property line adjoining the street.
      4.   Rear Yard Setbacks. The required rear setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest wall of the structure; establishing a setback line parallel to the rear property line which extends between the side yards, except in the following cases:
         a.   Easements. If an access easement line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement.
         b.   Converging Lot Lines. Where the side lot lines converge to a point, a line 5 feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard (see Figure 5-6)
         c.   Averaging for Certain Structures. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear setback along the line may be averaged, provided that no resulting side yard shall be less than 3 feet in width, and no rear yard shall be less than 10 feet in depth, at any point.
Figure 5-6
REAR SETBACK WITH CONVERGING LOT LINES
Figure 5-7
EXAMPLES OF ALLOWED PROJECTIONS INTO REQUIRED SETBACKS
   E.   Allowed Projections Into Setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side, and rear yard setbacks, as follows (see Figure 5-7).
      1.   Chimneys. A chimney may extend 30 inches into a required setback, but no closer than 3 feet to the property line.
      2.   Cornices, Eaves, and Roof Overhangs. Cantilevered architectural features, including balconies, canopies, cornices, eaves, and solar devices, which do not increase the floor area enclosed by the structure, may extend up to 24 inches into a required setback, but no closer than 3 feet to the property line.
      3.   Decks, Porches, and Stairways. Attached decks or uncovered landing places, covered and unenclosed porches and stairs exceeding 18 inches in height above the surrounding finished grade may extend into required yards as follows:
         a.   Front Yard Setback: Up to 6 feet into a required front setback.
         b.   Side Yard Setback: Up to 3 feet into a required side setback, but no closer than 3 feet to the property line.
         c.   Rear Yard Setback: Up to 6 feet into a required rear setback.
      No deck, porch, or stairway shall extend or encroach beyond any official plan line.
   F.   Setback Requirements for Specific Structures:
      1.   Fences. See Section 19.60.060 (Fencing and screening).
      2.   Garages. To ensure an adequate space for off-street parking in residential zoning districts, the face of a garage entrance, situated approximately parallel to the front or street side lot line, shall be set back a minimum of 20 feet from the property line providing driveway access.
      3.   Hot Tubs, Swimming Pools, or Spas, and Other Site Design Elements. Detached decks, earthworks, freestanding solar devices, hot tubs, steps, swimming pools or spas, terraces, and other site design elements that are placed directly upon the finished grade, and which exceed a height of 18 inches above the surrounding finished grade at any point, shall conform to the setback requirements of Section 19.76.020 (Accessory uses and structures) for detached accessory structures. Site design elements less than 18 inches above finished grade are exempt. Swimming pools or other recreational pools or landscape ponds greater than 12 inches in depth may be located in a required front or side yard, subject to the approval of a use permit in compliance with Chapter 19.25 (Administrative Use Permits).
      4.   Retaining Walls. Retaining walls greater than 4 feet but no more than 6 feet in height may be located within a required setback provided the exposed side of the wall faces into the property. Retaining walls greater than 4 feet in height, where the exposed side of the wall faces out from the property, and all retaining walls greater than 6 feet in height shall be subject to the same requirements as the main structure in the applicable zoning district. See Figure 5-8.
Figure 5-8
RETAINING WALLS IN FRONT SETBACK
   G.   Restrictions on the Use of Setbacks. No required yard may be used for the accumulation, placement, or storage of automobiles or other motor vehicles, building materials, junk, or machinery except for the following:
      1.   Automobiles or other motor vehicles which are registered and regularly in use which are parked within required off-street parking area(s) or driveways leading to such areas, which have been improved with all-weather surface.
      2.   Building materials required for construction on the parcel, immediately prior to and during a construction project which has a valid building permit in force.
   H.   Building Setback Lines and Official Plan Lines. Where building setback lines or official plan lines have been established for a parcel on a plan or subdivision map approved by the City, the required front, rear, and street side yard setbacks shall comply with the lines or the setbacks established by these Regulations, unless authorized through a planned development permit, use permit, or specific plan approval. Nothing in this section shall be construed to allow any structure to extend beyond the established lines.
   I.   Minimum Setbacks for Sight Distance Areas. Structures shall not be altered, constructed, erected, or moved which would result in a sight distance safety hazard as determined by the Director.
   J.   Special Creekside Setbacks. Setbacks from creeks shall be in compliance with Section 19.60.030 (Creekside development).
   K.   Special State Highway Setbacks.
      1.   Applicability. The provisions of this subsection shall apply in place of any other setback requirements in these Regulations for all properties adjoining the following highways, except that these provisions shall not apply to signs installed in compliance with Chapter 19.74 (Signs):
         a.   State Highway Route 99 freeway;
         b.   State Highway Route 32 northwesterly of Big Chico Creek; and
         c.   State Highway Route 32 easterly of State Highway Route 99 freeway overcrossing.
      2.   Parking Lot Setback. A minimum parking lot setback of 15 feet shall be provided from the property line adjoining the State highway;
      3.   Structural Setback. A minimum structural setback of 25 feet shall be provided from the property line adjoining the State highway;
      4.   Required Landscaping. Within the required setback, landscaping, in compliance with Chapter 19.68 (Landscaping Standards), shall be established incorporating the following:
         a.   Berming and/or mounding, if appropriate;
         b.   Fencing and/or walls integrated with the landscaping, if appropriate;
         c.   Living groundcover plantings;
         d.   Permanent irrigation system; and
         e.   Shrubs and/or trees.
(Ord. 2185; Ord. 2223, Ord. 3435 §34, Ord. 2494 §36, Ord. 2519 §23)
19.60.100   Solar energy development standards.
   If solar collectors are proposed for any new development, the following standards shall apply:
   A.   Roof-mounted solar collectors shall be placed in the least visible location without significantly reducing the operating efficiency of the collectors;
   B.   Wall-mounted and ground-mounted collectors shall be screened from public view, to the maximum extent feasible. Screening material(s) shall be color-coordinated to harmonize with the materials and other dominant colors of the structure;
   C.   Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof;
   D.   Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view, to the maximum extent feasible; and
   E.   Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with the materials and other dominant colors of the structure.
(Ord. 2185)
19.60.110   Soundproofing and screening of utility facilities.
   All public utility facilities designed to be installed or constructed in residential zoning districts or on properties with the TND designations of NE or NG which would be expected to create noise or sound during operation shall be constructed or installed in soundproof structures when the review authority determines that soundproofing is required to eliminate the anticipated noise or sound. All utility facilities shall also be screened by fencing and/or landscaping, in compliance with Section 19.60.060-H (Fencing and screening).
(Ord. 2185. Ord. 2358 §13)
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