The provisions of this Chapter address standards for site planning,
project design, and operation and are intended to ensure that all
development produces an environment of stable and desirable character
that is harmonious with existing and future development, protects
the use and enjoyment of neighboring properties, and is consistent
with the General Plan.
(Ord. 2456 § 2, 2010)
A. Purpose
and Intent. This Section establishes standards to ensure the provision
of open areas for access to and around structures, access to natural
light and ventilation, landscaping, recreation, separation of incompatible
land uses, and space for privacy, traffic safety, and visibility.
B. Setback
Requirements
1. All structures shall conform to the setback requirements identified
for each zoning district as outlined in Article 2 and with any special
setbacks established by this Title for specific uses.
2. All setbacks shall be open and unobstructed from the ground upward,
with the exception of trees and other plant materials and except as
provided elsewhere in this Title.
C. Exemptions
from Setback Requirements. The minimum setback requirements of this
Title shall apply to all uses/structures with the exception of:
1. Fences, hedges, walls and other like structures as listed in Section
17.300.030, and within the height limitations of this Title;
3. Grade-level decks, with or without hand rails, steps, terraces, and
other site design elements that are placed directly upon the finish
grade and are up to 24 inches above the surrounding finish grade;
4. Refuse and recyclable materials storage areas as provided in Section
17.300.045 (
Refuse and Recyclable Materials Storage Requirements).
D. Limitations
on the Use of Setback Areas. Required setback areas shall only be
used as follows:
1. Structures. Required setback areas shall not be occupied by structures
other than:
a. Structures and uses that are exempt from the setback requirements
as outlined in Section 17.300.020.C;
b. Accessory structures in compliance with Section
17.400.130,
Residential Uses—Accessory Structures;
c. Detached accessory structures and architectural features as outlined
in Table 3-1.
2. Parking. Required residential front and street side yard setbacks
shall be landscaped and may not be used for off-street parking, the
temporary standing of vehicles or for the permanent storage of motor
or recreational vehicles, except as may be permitted under the provisions
of Section 17.320.030.J, Parking Standards for Recreational
Vehicles in the R1 Zoning District. In the R1 zoning district,
and for single-family uses in any residential district, temporary
standing of vehicles shall be permitted on driveways in required front
yards and street side yards. Driveways, inclusive of walkways, shall
not cover more than the percentages listed below unless the property
contains an SB 9 Two-Unit Housing Development, Accessory Dwelling
Unit and/or Junior Accessory Dwelling Unit in which case the maximum
width for driveways, excluding walkways, shall be allowed an additional
5 feet:
a. Fifty percent of the front yard for lots greater than or equal to
60 feet wide.
b. Fifty-five percent of the front yard for lots less than 60 feet wide,
but greater than or equal to 55 feet wide.
c. Sixty percent of the front yard for lots less than 55 feet wide,
but greater than or equal to 50 feet wide.
d. Sixty-five percent of the front yard for lots less than 50 feet wide,
but greater than or equal to 45 feet wide.
e. Seventy percent of the front yard for lots less than 45 feet wide,
but greater than or equal to 40 feet wide.
f. Seventy-five percent of the front yard for lots less than 40 feet
wide.
g. Fifty percent of the street side yard on corner lots.
E. Measurement
of Setbacks. Setbacks shall be measured as follows. See Figure 3-1, Location and Measurement of Setbacks, for illustration.
Figure 3-1 Location and Measurement of Setbacks
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1. Future right-of-way improvements. Setbacks shall be measured from
the line shown on any Street Improvement Plans and/or resulting from
corner cut-off required by the Public Works Department.
2. Front setback. The front setback shall be measured at right angles
from the nearest wall of the structure to the front lot line, except
as follows:
a. Corner parcels and reverse corner lots. The setback measurement of
corner parcels and reverse corner lots shall be taken from the lot
line separating the narrowest street frontage of the lot from the
street.
b. Flag lots. The setback measurement of flag lots shall be taken from
the nearest point on the wall of the structure facing the street to
the point where the access strip ("flag pole") meets the bulk of the
parcel, establishing a building line parallel to the lot line nearest
to the public street or right-of-way. See Figure 3-2, Flag
Lot, for illustration.
3. Side and street-side setback. The side and street-side setbacks shall
be measured at right angles from the nearest point on the side property
line to the nearest wall of the structure establishing a yard that
extends from the rear line of the required front yard, or front property
line where no front yard is required, to the rear yard.
4. Rear setback. The rear setback shall be measured at right angles
from the nearest point on the rear property line to the rear line
of the main building nearest the rear lot line, establishing a yard
that extends across the full width of the lot.
F. Allowed
Projections/Intrusions into Setbacks. Architectural features and accessory
uses/structures may extend into the front, side, and rear setbacks,
as well as required open space, as outlined in Table 3-1.
Table 3-1
Allowed Projections/Intrusions into Setbacks
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Architectural Feature or Accessory Use/Structure1
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Maximum Projection into Required Setback
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Front
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Side
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Rear
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Awning, canopy, eave, and cornice (residential or nonresidential
zoning district)
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5 feet, but no closer than 2 feet to any front lot line
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2 feet 6 inches, but no closer than 2 feet to any side lot line
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5 feet, but no closer than 2 feet to any rear lot line
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Balcony, porch (covered or uncovered), terrace, landing, and
outside stairway open and unenclosed by anything other than railings
(residential or non-residential zoning district)
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5 feet, but no closer than 3 feet to any front lot line
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3 feet, but no closer than 2 feet to any side lot line
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5 feet, but no closer than 3 feet to any rear lot line
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Bay window (cantilevered) and media niche (residential zoning
district)
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18 inches
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18 inches
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18 inches
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Masonry chimneys and fireplaces, attached (residential zoning
districts)
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20 inches
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20 inches, but no closer than 3 feet to any side lot line
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20 inches
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Masonry chimneys and fireplaces, detached (residential zoning
districts)
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Not permitted
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3 feet, but no closer than 2 feet to any side lot line
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5 feet, but no closer than 3 feet to any rear lot line
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Roof overhangs, at least 8 feet above grade (residential zoning
districts)
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2 feet
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2 feet
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2 feet
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Barbecues (residential zoning districts)
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Not permitted
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3 feet, but no closer than 2 feet to any side lot line
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5 feet, but no closer than 3 feet to any rear lot line
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Detached residential accessory buildings or structures (residential
zoning districts)
|
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Notes:
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1
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See Article 7 for definitions of "architectural feature" and
"accessory uses and structures."
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(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2511 § 2, 2014; 2022; Ord. 2575 § 2,
2021; Ord. 2580U § 5)
A. Applicability.
Fences, walls used as fences, latticework screens, hedges, thick growths
of shrubs or trees, open-mesh wire fences, and walls shall be installed
and maintained in compliance with the provisions outlined in this
Section. These regulations do not apply to fences required by the
City for reasons of public safety.
B. General
Height Limitations. Fences, hedges, and walls shall comply with the
height limitations outlined in Table 3-2. See Figure 3-3, Measurement and Location of Fence or Wall Height, for illustration
of height limitations.
Table 3-2
Maximum Height of Fences, Hedges and Walls
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Location
|
Maximum Height
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Additional Requirements
|
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Specific Zone
|
R1 zoning district, side and rear yard
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6 feet
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When an R1-zoned property abuts a freeway right-of-way, fence,
hedge, and wall height shall be no less than 8 feet
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All zoning districts other than R1, side and rear yard
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8 feet
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When the fence does not abut property in an R1 zoning district
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All Zones
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Front Yard
Within the required front setback of any lot or
the required rear yard of any through lot
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3 feet
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For properties located in the R2, R3, R4, and R5 zoning districts
and that are developed with multiple-family units, refer to Section
17.300.030.E
Within the front yard setback of any flag lot, the maximum permitted
height of a fence, block wall, or hedge shall be 6 feet. Within the
20-foot front yard of the 'flag pole' on any flag lot, the maximum
permitted height of a fence, block wall, or hedge shall be 3 feet.
|
Corner-Lot Exception
Any point within 25 feet of the point of intersection
or center of the corner cutoff of two streets or a street and an alley
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3 feet
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In the case of a corner lot that abuts an alley, not more than
3 feet in height at any point within 10 feet of said point of intersection
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Any point within 10 feet of the point of intersection
of a corner lot that abuts an alley
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3 feet
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Not applicable
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That portion of the rear yard of a corner lot that
abuts the front yard of any adjacent lot for a distance not to exceed
10, and for an equal distance not to exceed 10 along the exterior
side lot line of said corner lot, in order to create a triangular
area in which sight distance would not be impaired above 3 feet in
height
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3 feet
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Not applicable
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Figure 3-3 Measurement and Location of Fence or Wall Height
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C. Measurement
of Height. The height of a wall or fence along an interior property
line shall be measured from the higher natural or established grade
of the two abutting properties. If the wall is within five feet of
the public right-of-way, the height of the wall shall be measured
from the grade of the abutting right-of-way.
D. Materials
and Design. Fences and walls should be built with attractive, durable
materials, including, but not limited to, redwood, wrought iron, textured
concrete block, or formed concrete with reveals. Chainlink fencing,
corrugated metal fencing, and/or fiberglass fencing, and "tennis windscreens"
are not permitted within the front yard or street side yard areas.
E. Multiple-Family Residential. A 6-foot high fence may be permitted within the front yard 20-foot setback for multiple-family units in the R2 to R5 zoning districts, subject to the provisions of Article 5 and provided that no other variances to the WMC are proposed. Such fences shall maintain the following standards in addition to subsection
(D – Materials and Design):
1. Fencing material may extend above 3 feet in height but not exceeding
6 feet in height, as measured from the highest finished grade abutting
the fence, provided such vertical extension does not impair visibility
through the obscuring of more than 10 percent of the area in the vertical
plane. This is equivalent to 1-inch wide balusters placed approximately
9 inches on center. Masonry pilasters used above the 3-foot level
shall be no more than one-foot wide. Variations in design are subject
to site plan approval, and shall be evaluated on a case-by-case basis.
2. All proposed fencing materials shall be decorative in nature. Fences
shall not consist solely of vertical wrought-iron balusters.
3. Fences shall be behind 5-foot wide perimeter landscaping area, provided
that existing site features do not prohibit such a setback. Variations
in landscaping-area design are preferable, with intermittent placement
and/or varied widths, in a consistent design, being encouraged. Variations
due to existing site-design constraints shall be evaluated on a case-by-case
basis.
4. Vehicle entrance gates shall be set back a minimum of 20 feet from
the property line in order to provide for a vehicle holding area.
All gates/fences shall be provided with lock boxes, subject to fire
department and police department approval.
F. Special
Wall and Fencing Requirements
1. Screening of outdoor equipment, storage, and work areas shall be provided in accordance with Section
17.300.035,
Screening.
2. Temporary fencing may be approved as deemed necessary and appropriate
by the Director.
3. Whenever an off-street parking area is adjacent to or across an alley
from property being used for residential purposes, a solid masonry
wall 6 feet in height shall be erected and maintained along the property
line so as to physically separate the parking area from the residential
property. Such wall shall be 3 feet in height when within the required
front or street side-yard setback. Where no front or street side-yard
setback is required, such wall shall be 3 feet in height when within
10 feet of the street right-of-way.
4. Whenever an off-street parking area is across a street from property
being used for residential purposes, a masonry wall not less than
3 feet in height shall be erected and maintained along the street
side of the lot and no closer to the street than the required depth
of the yard in the adjoining residential area.
5. All property used for cemetery purposes shall be enclosed by a fence,
wall, or structure used as a wall, not less than 8 feet in height;
however, that any such fence, wall, or structure installed within
50 feet of an intersection shall be wire mesh or similar material
so as not to obstruct traffic visibility.
6. Where any property used for industrial purposes has a common property
line with property zoned for residential purposes, a solid masonry
or concrete block wall shall be provided not less than 8 feet in height
on such property line, except where the face of a building is on such
property.
7. Where any property in the M1 zoning district is used for supply or
storage yards, or other uses that are permitted to be conducted outside
of a building (e.g., stock and public scales), that portion of the
property that is so used shall be enclosed with a wall or chain-link
fence not less than six feet in height, in order to discourage trespassing,
provided that where the face of a building is on any site boundary,
no separate wall or fence is required to be installed along the boundary
line occupied by the face of the building.
G. Security
Fencing. Fences in all zoning districts shall not incorporate electrical
currents, concertina ribbon, razor wire, razor ribbon, and/or pointed,
protruding, or sharp objects or elements, or similar type of restraining
device except as provided in Section 17.300.035.H. (Exception: Wrought-iron
fences may incorporate decorative arrowhead and curved point tips.)
H. Barbed-Wire
Fencing
1. Where outside activities are conducted in the C1 and C2 zoning districts,
including new and used vehicle sales, mobile home sales, recreation
vehicle storage facilities, and electrical distribution stations,
or in the CM, M1, and M2 zoning districts where storage of hazardous
materials is permitted, or in high risk areas such as electrical or
pump stations, a maximum of four strands of strong barbed wire may
be permitted under the following conditions:
a. The barbed wire is placed on top of a wall or fence at least 6 feet
in height;
b. The barbed wire strands do not raise the total height of the wall
or fence above 8 feet;
c. The barbed wire is not adjacent to public walkways in the CR and
C1 zoning districts; and
d. The barbed wire does not encroach over public right-of-way at any
location.
2. Barbed wire is prohibited on or between properties and adjacent to
public walkways in the R1 to R5 zoning districts.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2580U § 6, 2022)
A. Purpose
and Intent. This Section establishes the standards for the storage
and loading of recyclable materials and refuse.
B. General
Standards. The following standards shall apply to all new refuse and
recyclable materials storage:
1. Refuse and recyclable material storage areas shall not be located
in any required front yard and street side yard.
2. Refuse and recyclable material storage areas shall not obstruct vehicular
access and maneuvering area for any parking stall, nor shall a refuse
and recyclable material storage area obstruct any driveway, drive
aisle, loading area, or pedestrian walkway.
3. For non-residential uses, refuse and recyclable material storage
areas shall not be located within side or rear yard setbacks when
yards abut residential uses or any area required to be maintained
as unencumbered according to any public safety laws as adopted.
4. Refuse and recyclable material storage area gates shall be oriented
to minimize visibility from adjacent properties and the public right-of-way.
5. All structures used as refuse and recyclable material storage areas
shall incorporate architectural features (i.e., color, material, building
design features, etc.) of the buildings associated with such storage
areas to ensure design consistency.
6. For multi-family residential uses (2 or more units), if a refuse
and recyclable materials storage area is located more than 100 feet
walking distance from the dwelling (excluding garage or parking area),
then trash compactors shall be required for each dwelling that is
more than 100 feet from a refuse and recyclable materials storage
area. In no case shall a refuse and recyclable materials storage area
be located more than 250 feet walking distance from the dwelling (excluding
garage or parking area).
C. Standards
for Single-Family and Multi-Family Residential Projects up to 4 Units
are Listed Below in Table 3-3.
Project Description
|
Minimum Standards
|
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A. New Single-Family Residential
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A minimum of 3 cubic feet of space for the collection and storage
of refuse and recyclable material shall be provided for each dwelling.
|
Each collection area shall be located either in a side yard; completely screened behind a gate that is a minimum of 40 inches in width to accommodate a 90-gallon mobile container, fence, or wall; or inside a garage. If the collection area is inside a garage, the minimum required dimensions for parking as outlined in Chapter 17.320, Off-Street Parking and Loading, shall be maintained.
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B. New Multi-Family Residential (2—4 Units)
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One 65- or 90-gallon trash container and one 65- or 90-gallon
recycle container for each unit; or two 3-cubic yard bins for each
development. When bins are used instead of trash and recycle containers,
then the construction and design standards specified in the Midway
City Sanitary District's Commercial Solid Waste and Recycling Design
and Construction Standards shall apply.
|
D. Standards
for All Other Development Projects Listed Below in Table 3-4 are Subject
to the Midway City Sanitary District's Commercial Solid Waste and
Recycling Design and Construction Standards.
Project Description
|
Minimum Standards
|
---|
A. New Development
|
Subject to the Standards specified in the Midway City Sanitary
District Commercial Solid Waste and Recycling Design and Construction
Standards or as may be amended.
|
Commercial and industrial uses.
|
Institutional uses, including private schools, places
of assembly, public facilities and all other nonresidential uses.
|
Multi-family residential uses with 5 or more units
with shared refuse and recycling materials storage areas. If multi-family
residential uses with 5 or more units do not have a shared refuse
and recycling materials storage area, it must comply with single-family
residential standards in Table 3-3 and must meet location and accessibility
standards and other applicable Midway City Sanitary District requirements.
|
B. Modifications to Existing Structures or Uses
|
Physical changes to a property or use listed in
Section A of this table, where the cost of improvements exceeds $75,000.00.
|
Change of use that generates food waste, grease
and/or vehicle fluids, or packaging materials.
|
Any other project with the potential to pollute
storm water and/or to discharge pollution into the City's storm sewer
system.
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(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2529 § 2, 2016)