Title 18 ZONING*
Chapter 18.98 STRUCTURE REGULATIONS
I. LOCATION
18.98.010 Setbacks established.
18.98.020 Exceptions to setback regulations.
18.98.030 Setback area restrictions.
18.98.040 Vision setback lines--Established.
18.98.050 Vision setback area--Structures, vehicles prohibited.
18.98.060 Setback effect on corner lots.
18.98.070 Setbacks.
18.98.080 Maintenance of setback or offset areas.
18.98.090 Accessory and principle building locations.
II. HEIGHT REGULATIONS
18.98.100 Maximum height restricted.
18.98.110 Exceptions.
18.98.120 Increase permitted.
18.98.130 Measured from center of building pad.
I. LOCATION
18.98.010 Setbacks established.
A. Base setback lines, from which setback of buildings and structures
shall be measured, are established for all streets and highways in Madera
County.
B. The setback for buildings and structures shall be measured at
right angles to the base setback line of the street or highway upon which the
lot fronts.
C. All parcels one acre and larger, located in state
responsibility fire protection areas (SRA), shall comply with the setback
requirements of State of California Public Resources Code 4290, Section
1276.01(A) for building and accessory structure setbacks from property lines
and/or center of the road [PCR 4290, Section 1276.01(A)]. The fire department
may grant an exception to setbacks for fire safe standards only. Any exception
to the minimum setback distance specified in this code shall be the
responsibility of the zoning administrator and will be processed pursuant to
Chapter 18.106. Any approvals from the fire department for exceptions to the
requirements of Public Resources Code 4290, must be provided in writing to the
engineering department prior to the approval of a building permit. Parcels less
than one acre in size shall provide the same practical effect as specified by
Public Resources Code 4290, Section 1276.01(B). The fire department will have
responsibility in determining standards which provide for the same practical
effect. (Ord. 525M § 18(part), 2003: Ord. 525I § 1, 2000:
Ord. 542 § 12(part), 1991: Ord. 525 § 1(part),
1989).
18.98.020 Exceptions to setback regulations.
No principal or accessory structure shall be erected, altered or placed so
that any part of a wall or structural support of the structure is closer to the
base setback line than the minimum setback distance specified by the regulations
for the zoning district in which such structure is located, except:
A. Where
the nearest structures or buildings on both sides of a proposed structure or
building are within three hundred feet of each other and have less than the
required minimum setback, the average between such existing setbacks shall
apply.
B. In the case of a proposed addition to the side of an existing
structure or building which has less than the required minimum setback, such
existing structure or buildings may be considered the “nearest existing
structure or building” in order to apply the foregoing exceptions in
determining required minimum setback for the proposed addition. No addition to
the front shall be allowed, however.
C. A variance may be granted by the
zoning administrator in accordance with Chapter 18.106.
D. Permanent
mechanical equipment and architectural features of buildings and structures,
including eaves overhangs, window boxes, chimneys, and bay windows, may encroach
into setback areas up to thirty-six inches or thirty percent of the required
setback, whichever is less. (Ord. 525M § 18(part), 2003: Ord. 525
§ 1(part), 1989).
18.98.030 Setback area restrictions.
No other buildings or disabled motor vehicles, structures of any kind,
except necessary highway and traffic signs, public utility lines, fences, rural
mailboxes and those signs permitted in a residential or agricultural district
shall be hereafter erected, altered or planned within the area bounded by the
side lot lines and the base setback lines and the setback line. Disabled motor
vehicles shall not remain in the setback area more than twenty-four hours.
(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part),
1989).
18.98.040 Vision setback lines--Established.
At the intersections of public streets or highways with a street, highway
or railroad where the grade is not separated, vision setback lines are
established as follows:
A. Across each sector between the intersection of a
street or highway with a railroad, a vision setback line shall be established by
a straight line, connecting points on the base setback line and the railroad
right-of-way line, which points are located one hundred feet from the
intersection of the base setback line and the railroad right-of-way
line.
B. Across each sector between intersecting streets or highways, one or
more of which has an established width of one hundred feet or more, a vision
setback line shall be established by a straight line connecting two points on
the intersecting base setback lines, which points are located sixty feet distant
from the intersection of the base setback lines.
C. Across each sector
between any other intersecting streets, or alleys or driveways, a vision setback
line shall be established by a straight line connecting two points on the
intersecting base setback lines, which points are located thirty feet distant
from the intersection of the base setback lines. (Refer to Section
18.102.120(I) for vision setback requirements for driveways in commercial,
institutional, and industrial districts.) (Ord. 525-Z § 1, 2006; Ord.
525M § 18(part), 2003: Ord. 525 § 1(part), 1989).
18.98.050 Vision setback area--Structures, vehicles prohibited.
In the vision setback area, no disabled motor vehicle shall remain more
than twenty-four hours and no structure of any kind shall be permitted which
exceeds a height of three feet above the elevation of the center point of the
intersection, except for necessary highway and traffic signs, public utility
lines, and open fences through which there is clear vision, nor shall any plant
material be permitted which obscures safe vision of the approaches to the
intersection. (Ord. 525M § 18(part), 2003: Ord. 525
§ 1(part), 1989).
18.98.060 Setback effect on corner lots.
On corner lots, the effect of the setback regulation shall not reduce the
buildable width of such corner lot to less than thirty feet. (Ord. 525M
§ 18(part), 2003: Ord. 525 § 1(part), 1989).
18.98.070 Setbacks.
No principal or accessory structure shall be erected, altered or placed so
that any part of a wall or structural support of the structure is closer to the
base setback line than the minimum setback distance specified by the regulations
for the zoning district in which such structure is located, except:
A. In
the case of any lot of record created prior to this zoning ordinance which has a
minimum average width less than one hundred twenty feet, the offset from a side
lot line may be reduced proportionately to the ratio between the actual minimum
average width and one hundred twenty feet; provided, however, that no offset
shall in any case be less than six feet, except that offsets for detached
accessory buildings on lots of one hundred feet in width or less may be reduced
to five feet provided that no detached accessory buildings be located closer
than ten feet to any structure used for residential purposes. Further reduction
in offsets of detached accessory buildings to less than five feet must be
approved by the zoning administrator, but in no case will the offset be reduced
to less than three feet, nor the total distance to an existing dwelling be less
than ten feet.
B. Where a lot abuts a zoning district boundary line, the
offset from such line in the zoning district boundary of less restricted use
shall be not less than that required for the adjacent zoning district of more
restrictive use.
C. In the case of multiple family residential or commercial
use structures, the offsets may be modified as follows:
Two or more
buildings on adjoining lots may be erected with common or directly adjoining
walls provided that at both ends of such buildings, the applicable offset
requirements shall be complied with. Such “row” type construction
shall be permitted only as a part of a planned development district or by a
conditional use permit from the zoning agency.
D. All parcels one acre or
larger located in state responsibility fire protection areas (SRA), shall comply
with the offset requirements of State of California Public Resources Code 4290,
Section 1276.01(A) for building and accessory structure offsets from property
lines and/or center of the road [PCR 4290. Section 1276.01(A)]. The fire
department may grant an exception to offsets for fire safe standards only. Any
exception to the minimum offset distance specified in this code shall be the
responsibility of the zoning administrator and will be processed pursuant to
Chapter 18.106. Any approvals from the fire department for exceptions to the
requirements of Public Resources Code 4290 must be provided in writing to the
engineering department prior to the approval of a building permit. Parcels less
than one acre in size shall provide the same practical effect as specified by
Public Resources Code 4290, Section 1276.01(B). The fire department will have
responsibility in determining standards which provide for the same practical
effect.
E. Permanent mechanical equipment and architectural features of
buildings and structures, including eaves overhangs, window boxes, chimneys, and
bay windows, may encroach into setback areas up to thirty-six inches or thirty
percent of the required setback, whichever is less. (Ord. 525M
§ 18(part), 2003: Ord. 525I § 2, 1999: Ord. 542
§ 12(part), 1991: Ord. 525 § 1(part), 1989).
18.98.080 Maintenance of setback or offset areas.
Any required setback or offset area shall be landscaped and kept clean and
free from the accumulation of debris or refuse and shall not be used for the
storage or display of equipment, products, vehicles or any other materials or
structures. (Ord. 525M § 18(part), 2003: Ord. 525
§ 1(part), 1989).
18.98.090 Accessory and principle building locations.
Principal buildings shall maintain a minimum ten-foot separation from
accessory buildings and other principal buildings. No detached accessory
structure or accessory building shall be erected, structurally altered, or
placed on a lot so that any portion of the structure or building is closer than
ten feet to the principal building or other accessory building on the lot, with
the following exceptions:
A. This regulation does not apply to structures
which are accessory to other structures, as determined by the zoning
administrator.
B. Permanent mechanical equipment and architectural features,
including eaves overhangs, window boxes, chimneys, and bay windows of buildings,
may encroach into setback areas up to thirty-six inches or thirty percent of the
required setback, whichever is less.
C. A private garage which provides
parking for a principal building with no attached garage does not require a
minimum setback from the building it serves. Only one private garage for one
principal building is allowed to be closer than ten feet. (Ord. 525HH
§ 22, 2008: Ord. 525M § 18(part), 2003: Ord. 525
§ 1(part), 1989).
II. HEIGHT REGULATIONS
18.98.100 Maximum height restricted.
In any zoning district no building or structure shall be hereafter
erected, placed or structurally altered to a height in excess of that
hereinbefore specified by the regulation for that zoning district, except as
below in Sections 18.98.110 and 18.98.120. (Ord. 525M § 18(part),
2003: Ord. 525 § 1(part), 1989).
18.98.110 Exceptions.
The following shall be excepted from the structure height regulations of
all zoning districts, except that such heights shall not exceed those permitted
in the AAO zoning district.
A. Chimneys and flues;
B. Accessory farm
buildings, but not to exceed sixty feet in height;
C. Subject to the
approval of the zoning administrator: cooling towers, elevators, fire towers,
monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental
towers, spires or broadcasting towers, masts, aerials, transmission towers and
necessary mechanical appurtenances. Application for approval of such structures
or uses shall be made in the manner prescribed in this title. (Ord. 525M
§ 18(part), 2003: Ord. 525 § 1(part), 1989).
18.98.120 Increase permitted.
The maximum height of any structure may be increased by not more than ten
feet, providing all required offsets and setbacks are increased by one foot for
each foot which such building exceeds the height limit of the zoning district in
which it is located, except that such height shall not exceed the maximum
permitted in the airport/airspace overlayed district. (Ord. 525M §
18(part), 2003: Ord. 525 § 1(part), 1989).
18.98.130 Measured from center of building pad.
Building heights shall be measured from the center of the building pad.
(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).
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