§ 9-30.080. Setback and Separation Requirements and Exceptions

A.

Purpose. This Section provides standards for the use and minimum size of setbacks. These standards provide 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.

Setback requirements.

1.

General requirement. Each structure shall comply with the setback requirements of the applicable zoning district, and with any setbacks established for specific uses by this Article, except as otherwise provided by this Section. No portion of a structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way, without first being authorized by an Encroachment Permit.

2.

Distance between structures on the same lot (interior setbacks). The minimum distance between structures on the same lot shall be six feet as measured between the closest exterior walls and/or columns, except that no principal structure shall be placed closer than 10 feet to any other principal structure; if more than one story, minimum distance shall be twenty (20) feet.

C.

Measurement of setbacks. Setbacks shall be measured as follows, provided that whenever this Development Code refers to a setback distance from a street, and the street in question is a public street, the setback shall be measured from the ultimate right-of-way width as shown in the General Plan. See Figure 3-5. In the case of a site with a perimeter wall, the property lot line shall be presumed to be the perimeter wall, unless shown otherwise by a surveyor.

Figure 3-5. Location and Measurement of Setbacks

1.

Front setback. A required front setback shall be measured into a lot from the front property line (or edge of the right-of-way where the property line is at the center of the street), extending the full width of the lot between the side lot lines intersecting the front lot line.

2.

Street side yard setback. A required street side setback shall be measured into a lot from any side property line (or edge of the right-of-way where the property line is at the center of the street) that abuts a street, extending between the front and rear setbacks.

3.

Side setback. A required interior side setback shall be measured into a lot from a side lot line, extending between the front and rear setbacks.

4.

Rear setback. A required rear setback shall be measured into a lot from the rear lot line, extending between the side lot lines intersecting the rear lot line; provided that:

a.

For lots having no defined rear lot line, the rear setback shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line; and

b.

In computing the depth of a rear setback for any lot abutting an alley, the setback may be measured from the midpoint of the rear alley.

5.

Flag lot setbacks. In the case of a flag lot, the required setbacks shall be measured from the applicable front, rear, and sides of the lot as shown in Figure 3-6.

Figure 3-6. Flag Lot Setbacks

D.

Setbacks for architectural features and accessory structures. Architectural features and accessory structures require the following setbacks as listed in Table 3-2.

TABLE 3-2 - SETBACKS FOR ARCHITECTURAL FEATURES AND ACCESSORY STRUCTURES

Structure	Minimum Required Setback
	Front	Street Side	Side	Rear
Accessory Dwelling Units*+	20	5	5	10
Patio slabs and similar on-grade open space with no construction above grade except handrails, walls, fences, and landscaping 42 inches or less in height	Allowed anywhere
Outside stairways, balconies, exterior corridors, and other exterior access facilities+	20 feet	1-story = 3 feet 2-story = 8 feet		18 feet
Eaves, awnings, sills, cornices, chimneys, and similar architectural features	18 feet	1-story = 3 feet 2-story = 8 feet		18 feet
Detached guest houses, attached patio roofs and enclosures, workshops, pool houses and other similar, habitable structures*+	20 feet	5 feet		10 feet
Detached garages*+	20 feet	5 feet		10 feet
Breezeways and similar roofed passageways+	20 feet	5 feet		20 feet
Covered porches, decks and similar raised above grade structures 30 inches or less above grade*+	14 feet	5 feet		14 feet
Gazebos, carports, sheds, and similar nonresidential structures that are freestanding*+	20 feet	5 feet
Open-Designed structures without solid walls as defined in SVMC 9-80.020*+	20 feet	10 feet	5 feet
Rock-type waterfalls, waterslides, climbing walls, or skateboard ramps, and similar nontraditional nonresidential structures*	20 feet	5 feet
Swimming pools, hot tubs, and Jacuzzis	20 feet	3 feet
Accessory mechanical equipment (e.g., air conditioning and heating equipment)	20 feet	5 feet		5 feet

 

*  Accessory structures shall not cover more than 40 percent of any yard.

** Also see Section 9-24.050, Table 2-3, Notes (4), (5), and (6), for setback reductions adjacent to common and open space areas.

+ Requires an open area in the rear yard setback, per Section 9-24.050.C.2

Figure 3-7. Setbacks for Accessory Structures

Figure 3-8. Setbacks to Rear Property Line

E.

Use of required setbacks.

1.

No yard or other open space abutting any building for the purpose of complying with the regulations of this Chapter shall be considered as providing a yard or open space for any other building or structure, unless approved by the Commission.

2.

Notwithstanding other limitations, all required yards may be used for landscaping, walkways and driveways.

3.

On a corner lot, no building shall be placed within a Traffic Safety Sight Area.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1282, eff. December 11, 2017 and § 2(Exh. A), Ord. No. 1289, eff. July 5, 2018)