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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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19.60.070   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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