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).
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.
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.
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)