§ 18.30.050 — Setbacks - Measurement and Requirements

A. Purpose. The purpose of this Section is to establish measurement requirements for setbacks, exceptions to those setback requirements, and allowances for projections into the setback areas. The intent of these regulations is to standardize requirements for regular parcels and to allow exceptions where needed due to parcel shape or other special circumstances. B. Setback Requirements. 1. General Setback Requirements. a. Required Setback Area. Except as otherwise specified in this Zoning Code, required setback areas shall be kept free of buildings and structures. b. Exclusivity of Required Setback Area. No setback or other open space provided around any structure for the purpose of complying with this Zoning Code shall be considered as providing a setback or open space for any other structure. 2. Setback Measurement. Setbacks shall be measured from parcel lines as detailed below in Figure 3-3 (Setback Measurements). Parcel lines are not necessarily located at the back of the adjoining sidewalk. There shall be, at a minimum, one front parcel line and one rear parcel line. The rear parcel line shall be the line parallel, or most nearly parallel, to the front parcel line and of a width of at least 40 feet. If more than one such parcel line exists, the Director shall make the final determination as to the rear parcel line of the parcel. Except as permitted in Subsection 18.30.020 (Permitted Projections into Required Setback Areas), or as otherwise specified in this Zoning Code for specific types of structures (e.g., accessory structures, signs) structures shall not extend beyond required setback lines Figure 3-3 Setback Measurements a. Front Yard Setback Area Measurement. (1) Non-Corner, Regular Parcels. For any parcel other than a corner parcel or an irregular parcel, the front setback area means the area which extends across the full width of the parcel and from the front parcel line along the street to a line defined by the front setback dimension. (2) Corner Parcels. For a corner parcel, the front setback area means the area which extends across the full width of the parcel and from the narrower parcel line along a public street to a parallel line defined by the front setback line. (3) Irregular Parcel. For flag parcels and irregularly shaped parcels, the front parcel line is determined to be the narrowest portion of the parcel adjoining a public right-of-way. (4) Front setback average. Notwithstanding the foregoing, in the R1-6L, R1-8L, and R2 zones (Residential Development Standards, Section 18.10.030), if four or more parcels in a block have been legally improved with structures, the minimum required front yard for main structures shall be the average of the front yards of the improved parcels along a block face if less than the current front yard requirements. Front setback measurement shall be from the front parcel line to the front wall of the residence and shall not be measured to a porch or any other projection. b. Rear Setback Area Measurement. (1) For an interior parcel, the rear setback area means the area which extends across the full width of the parcel and from the rear parcel line to a parallel line defined by the rear yard setback dimension. (2) For a corner parcel, the rear setback area means the area which extends across the full width of the parcel and from the parcel line opposite the narrower parcel line along a public street to a parallel line defined by the rear setback line. (3) When computing the depth of a rear setback, for any structure where such setback opens onto an alley, one-half of such alley may be assumed to be a portion of the rear setback. c. Side Setback Area Measurement. (1) For an interior parcel, the side setback means that area which extends from a side parcel line to a parallel line defined by the interior side setback between the front setback area and the rear setback area. (2) On any parcel of land having an average width of less than 50 feet, which parcel was of record or is shown as a parcel on any subdivision map on file in the office of the Santa Clara County Recorder on January 11, 1955, and where no adjoining land is in the same or common ownership with the parcel, the width of each interior side setback may be reduced to 10 percent of the width of the parcel, but in no case to less than three feet. (3) For a corner parcel, the interior side setback area is the area which extends from the interior side parcel line to a parallel line defined by the side setback distance, between the rear property line and the front setback area. (4) For a corner parcel, the corner side setback area is that area which extends from the corner side parcel line to a parallel line defined by the side setback distance, between the rear property line and the front setback area. d. Vertical clearance. Except as otherwise provided in this Title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Structure overhangs, bay windows, and other elements may intrude as permitted, in compliance to Table 2-6 (Residential Setback Encroachments)). e. Official Plan Lines. Whenever an official plan line has been established for any public street, required yards shall be measured from the plan line, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any official plan line. C. Permitted Uses 1. Front Setback. Except as otherwise permitted, a front setback shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking. 2. Rear and Side Setbacks. Except as otherwise permitted, rear and side setbacks shall be used only for landscaping, pedestrian walkways, driveways, recreational activities or facilities, or similar accessory activities. D. Activities Prohibited. Any of the acts specified in subsection (1) of this section, when performed, maintained, permitted, or allowed in any of the front yard or side yard areas specified in subsection (2) of this section, are hereby declared to be public nuisances and are unlawful. Every person who creates, maintains, permits, or allows such nuisance upon his/her property or the premises of another who creates, maintains, permits, or allows any such nuisance thereon, is guilty of a misdemeanor and shall be punished accordingly. 1. The following acts are prohibited in the areas specified in subsection (2) of this section: a. Household or Construction Property; Wrecked, Disabled, or Inoperative Vehicles. Any household appliance, other household equipment, machinery, or furniture; or of any motor vehicle that is not displaying current registration or is registered with the Department of Motor Vehicles as Non-Operational, or is wrecked, dismantled, or inoperable, or missing any part thereof; or of any construction equipment, machinery, or materials. Construction equipment, machinery, or materials temporarily kept within such area for and during the improvement of the lot within which such area is situated, or the construction or installation of improvements of facilities therein, are exempt from this prohibition; b. Portable, temporary, or inflatable swimming pools left unattended; c. Outdoor sporting or game equipment: including but not limited to ping pong/beer pong tables, cornhole, horseshoes, or volleyball nets, etc. that are unattended, abandoned, or that create a hazard. d. Shipping containers of any size. 2. The following are the front yard and side yard areas within which the acts above specified in subsection (1) are prohibited. a. The front building setback area, the street side yard area, and all other open areas that are visible from the public right-of-way of any interior or corner lot that is situated within any residential district established by or pursuant to the provisions of this title. The items specified in subsection (1) of this section shall only be permitted within entirely enclosed structures or behind six-foot-high fencing in interior side yard and rear yard setback areas. In no case shall these described items be visible from the public right-of-way even when placed in permitted areas. Any shipping containers located in the interior side or rear setback areas shall be 80 square feet or less in floor area.