§ 83.02.070  Setback Regulations and Exceptions.
   This Section establishes standards to ensure the provision of open areas around structures for visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; and space for privacy, landscaping, and recreation.
Figure 83-3 Location and Measurement of Setbacks
 
   (a)   General Setback Requirements.
      (1)   Structures.  Each structure shall comply with the setback requirements established for each land use zoning district in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and established for specific uses in Division 4 (Standards for Specific Land Uses) and elsewhere in this Development Code.
      (2)   Setback Areas or Open Space Areas.
         (A)   Setback areas or open space around an existing or proposed structure shall not be considered as providing setback areas or open space for any other structure.
         (B)   Setback areas or open space on an adjoining parcel shall not be considered as providing setback areas or open space for a parcel on which a structure is proposed to be erected.
      (3)   Rights-of-Way and Easements.
         (A)   Future Right-of-Way.  If any future right-of-way line has been established by an ordinance, specific plan, or similar document, the measurement of the setback shall be made from the future right-of-way or future property line.
         (B)   Street Setbacks. Street setbacks shall provide a minimum half width of 30 feet for a right-of-way in the Valley or Desert Regions and 20 feet for a right-of-way in the Mountain Region unless otherwise specified by an ordinance, specific plan, or similar document.
         (C)   Private Road Easements.  The minimum front, side, and rear setbacks from private road easements shall be 15 feet in the Mountain Region and 25 feet in the Valley and Desert Regions from the recognized easement line. This rear setback requirement shall apply only when the easement is used to access two or more parcels.
      (4)   Front Setbacks.
         (A)   Front setback lines shall be established so that, wherever possible, the yard width at the setback line is at least the minimum width specified by the applicable land use zoning district, unless otherwise allowed by this Development Code.
         (B)   On through lots, front setbacks shall be provided on all street frontages.
      (5)   Street Side Setbacks for Corner Parcels.  Side yards on the street sides of corner parcels shall require the same setback as front yards unless otherwise specified within the provisions of a land use zoning district, ordinance, specific plan or similar regulation.
   (b)   Exemptions from Setback Requirements.
      (1)   The minimum setback requirements of this Development Code shall apply to all uses except for the following:
         (A)   Fences or walls constructed within the height limitations of Chapter 83.06 (Fences, Hedges, and Walls).
         (B)   Retaining walls less than three feet in height above finished grade not to exceed four such walls within the setback.
      (2)   Street setback lines, as delineated on all Final Maps, Parcel Maps and Records of Survey maps recorded in the County between March 1, 1948 and January 1, 1987, or on Composite Development Plans on file with the Division of Building and Safety shall be the street and yard setback distances required on the property within the Final Maps, Parcel Maps, Records of Survey or Composite Development Plans, unless additional road dedication is required as a condition of development. When additional road dedication is required, or in the case of Final Maps, Parcel Maps and Records of Survey maps recorded prior to March 1, 1948, the greater setback distance of either the property development standards in the applicable land use zoning district based on the ultimate right-of-way width or the setback distance as shown on the approved map shall prevail. Notwithstanding any other provisions of the Development Code, any request to modify or deviate from a building setback line designated on a recorded map or final map shall be made in compliance with the provisions of Chapter 85.17 (Variances).
   (c)   Measurement of Setbacks.  Setbacks shall be measured as follows:
      (1)   Front Setbacks.  The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest point of the structure envelope, except for corner parcels.  Refer to § 810.01.140(oo)(1) for the definition of front lot line.
      (2)   Side Setbacks.
         (A)   The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure envelope, establishing a setback line parallel with the side property line that extends between the front and rear yards.
         (B)   For the purposes of calculating side setbacks, the following dwellings with common party walls shall be considered as one structure occupying one parcel:
            (I)   Semi-detached two and four family dwellings.
            (II)   Row dwellings.
            (III)   Group dwellings.
            (IV)   Court apartments.
      (3)   Street Side Yard Setbacks.  The side yard setback on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street.
      (4)   Rear Yard Setbacks.
         (A)   The rear yard setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure envelope, establishing a setback line parallel with the rear property line that extends between the side yards, except:
            (I)   If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the access easement or right-of-way line; and
            (II)   When the side property lines converge to a point at the rear of the parcel, or to a rear property line narrower than ten feet, for setback purposes the rear property line shall be considered to be a line parallel to the front property line measuring ten feet between the two side property lines. The rear yard depth shall be measured from the ten-foot line to the nearest part of the primary structure on the parcel.
         (B)   In computing the depth of a rear setback where the yard opens into an alley, one half the width of the alley may be assumed to be a portion of the required rear setback.
Figure 83-4 Rear Setbacks on Irregularly Shaped Parcels
 
   (d)   Allowed Projections into Setbacks.  See § 83.02.080 (Allowed Projections into Setbacks).
   (e)   Construction Across Property Lines Prohibited.  A structure shall not be constructed across the property line(s) of two or more contiguous parcels. If the placement of a proposed structure would otherwise cross the property line of two or more contiguous parcels held by the same owner, before the issuance of a Building Permit, the property owner shall apply for and receive an approved voluntary lot merger, lot line adjustment, or parcel map to move or eliminate the property line in question. The lot line adjustment process may be used if the parcels will still meet the development standards of the land use zoning district in which the parcels are located.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008)