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a. Definitions and Purpose.

1. A “yard” is an area along a property line within which no structures, parking spaces or parking backup spaces may be located, except as otherwise provided in these regulations. Yards are intended to help determine the pattern of building masses and open areas within neighborhoods. They also provide separation between combustible materials in neighboring buildings. Yards are further intended to help provide landscape beauty, air circulation, views and exposure to sunlight for both natural illumination and use of solar energy.

2. These regulations provide for two (2) types of yards:

(a) Street yard” means a yard adjacent to a local street or State highway. Frontages on Highway SR 53 are not street yards.

(b) An “other yard” is any yard other than a street yard (i.e., side and rear yards).

b. Measurement of Yards. Street yards shall be measured from the right-of-way line to the nearest point of the wall of any building. Other yards shall be measured from the property line to the nearest point of the wall of any building.

c. Yard Standards.

1. Street yards shall comply with Table 13, as follows:

Table 13. Minimum Street Yards

Zone

Minimum Street Yards

RR

20 feet

LDR

20 feet

MDR

15 feet

HDR

15 feet

MUX

As provided in zone of adjacent lot*

CD

As provided in zone of adjacent lot*

GC

As provided in zone of adjacent lot*

IN

As provided in zone of adjacent lot*

O

20 feet

*Notes:

If the zone of adjacent lot does not have its own standard, no street yard is required. Lots separated by streets or other rights-of-way are not considered adjacent. If more than one (1) zone is adjacent, the largest yard shall be required.

2. Other yards shall comply with Tables 14, 15, 16 and 17 as follows:

Table 14. Minimum Other Yards In RR, LDR, MDR, and HDR Zones

Rear Yard

Side Yard

10'

5'

Except for accessory and junior accessory dwellings in accordance with Section 18-19.320.

Table 15. Minimum Other Yards In MUX, GC, CD, O and IN Zones

Zone

Minimum Other Yard

MUX

As provided in zone of adjacent lot*

GC

As provided in zone of adjacent lot*

IN

As provided in zone of adjacent lot*

3. Yards with City-required landscape plans and storm water facilities shall be landscaped and maintained in accordance with approved plans.

d. What May and May Not Occupy Yards.

1. Prohibited Encroachments. Table 16 summarizes what may not occupy yards.

Table 16. Prohibited Encroachments within Yards

Description

Prohibited Encroachments

A. Intersection visibility

At the intersections not controlled by a stop sign or traffic signal, no plant, structure or other solid object over 3 feet high which would obstruct visibility may be located within the area indicated in Figure 1. At controlled intersections, the Public Works Director may determine visibility requirements for proper sight distance.

B. Front yard paving (See Figure 2)

No more than 50% of any residential front yard (see definition of “front yard”), not to exceed 26 feet in width, may be covered by concrete or any other impervious material, including driveways, patio areas, walkways and other landscape features (see Table 18(F) for exceptions).

C. Vehicles parked in front yard areas of residential lots (See Figure 3)

Vehicles may only be parked in areas within the driveways leading to garage parking or other approved parking spaces allowed in accordance with the City’s Parking and Driveway Standards. Vehicle parking on pavement or other surfaces outside the driveway area that do not meet the definition of Figure 3 shall be prohibited. Vehicles may be parked in tandem (one (1) behind another) provided there is sufficient space that no part of the vehicle overhangs the property line or sidewalk.

Figure 1

Figure 2

Figure 3

Examples of allowed front yard parking for typical two (2) car garage and side-loaded two (2) car garage. Vehicles are parked in driveway within area leading to approved parking in garage.

2. Allowed Encroachments. Table 17 summarizes what may occupy yards. Upon approval of an administrative use permit or in conjunction with tandem parking approval, the Director may approve reductions in yard standards as provided for in Table 18.

Table 17. What May Occupy Yards

Location/Projection

Permitted Encroachments

(A) Into Yard

(B) From Lot Line

(C) Into Right-of-Way

All Yards

A. Awnings without supports that extend to ground, not less than 8 feet above sidewalk, and no interference with traffic flow

To the lot line

Generally, 2 ft.; 0 ft. in CD

Generally, not permitted; 10 ft. in CD over a sidewalk or pedestrian area or on sites with frontage along the downtown fringe streets, but not closer than 5 ft. from back of curb1

B. Steps, 4 feet or less above grade, which are necessary for access to a building, or for access to a lot from a street or alley

Permitted as necessary for pedestrian access

Permitted as necessary for pedestrian access

Permitted as necessary for pedestrian access; shall not interfere with vehicular traffic

C. Chimneys

2 ft.

Not permitted

D. Arbors and trellises

5 ft.

Not permitted

E. Flagpoles

5 ft.

Not permitted

F. Fences, walls and hedges. Fences, walls and hedges may occupy yards to the extent provided in Section 18-20.070.

Not permitted

G. Signs in conformance with the Sign Regulations in Article 18-21 may occupy yards to the extent provided in those regulations.

Overhangs per Article 18-27

H. Trash enclosures which have been approved by the Director or Design Review Committee.

No part of the enclosure is less than 3 feet from any right-of-way.

I. Unenclosed vehicle parking and loading spaces in conformance with Section 18-20.100.

Not permitted

J. Tandem Parking Spaces. Except for accessory and junior accessory dwelling units where tandem parking is allowed by right tandem parking for single-family dwellings may be approved by the Director when determined to be safe and compatible with the surrounding neighborhood (see Section 18-20.100(b)(2).

K. On corner lots in the RR, and LDR Zones, the street yard along the lot frontage having the longer dimension shall be not less than 10 feet, as in Figure 4 (unless subsections L and M below apply).

Not permitted

L. Street yards on corner lots where each corner lot has its longer frontage along the cross street. In the LDR and MDR Zones, when each corner lot on a cross street has its longer frontage along the cross street, as in Figure 5, the street yard along the longest frontage shall be not less than 10 feet (unless subsection K or M applies).

Not permitted

M. Street yard averaging (developed areas). Where these regulations require street yards and where buildings have been erected on at least 1/2 of the lots in a block as of the effective date of the regulations codified in this section, the minimum required street yard shall be the average of the street yards of the developed lots, but in no case less than 10 feet nor more than would otherwise be required.

Not permitted

N. Discretionary Exceptions. Upon approval of an administrative use permit the Director may approve reductions in yard standards as provided for in Table 18.

Front Yard

O. Overhanging eaves and gutters

2.5 ft.

Generally not permitted; permitted in CD or on sites with frontage along downtown streets but shall not interfere with vehicular traffic in the roadway or with pedestrian traffic along the sidewalk

P. Outdoor dining area in conjunction with an existing restaurant

To the lot line in CD and along downtown streets

0 ft. in CD and along downtown streets

Generally not permitted; 10 ft. in CD over a sidewalk or pedestrian area and along downtown streets, but not closer than 5 ft. from back of curb

Q. Patios or decks, provided that decks are not more than 6 feet above grade

15 ft.

5 ft.

Not permitted

Side Yard

R. Overhanging eaves and gutters

2 ft.

1 ft.

Generally not permitted; 5 ft. in CD or on sites with frontage along downtown streets over a sidewalk or pedestrian area and along the downtown fringe streets, but not closer than 5 ft. from back of curb

S. Air conditioning units

6 ft. if screened from view by a fence, wall, or hedge that is 1 foot taller than the equipment

2.5 ft.

Not permitted

T. Decks, less than 6 feet above grade

3 ft.; 0 ft. if located adjacent to permanent open space

Not permitted

U. Decks, 6 feet or more above grade

Generally, 6 ft.; 0 ft. in CD and on sites with frontage along downtown streets

Generally, 2 ft.; 0 ft. in CD

Not permitted

Rear Yard

V. Overhanging eaves and gutters

2.5 ft.

1 ft.

Generally, not permitted; 5 ft. in CD or on sites with frontage along downtown streets over a sidewalk or pedestrian area and along the downtown fringe streets, but not closer than 5 ft. from back of curb

W. Air conditioning units

6 ft. if screened from view by a fence, wall, or hedge that is one foot taller than the equipment

5 ft.

Not permitted

X. Decks, less than 6 feet above grade

10 ft.

Not permitted

Y. Decks, 6 feet or more above grade

15 ft.

5 ft.; 0 ft. if located adjacent to permanent open space

Not permitted

Notes:

Right-of-Way Encroachment Permit Required. If a structure/encroachment or portion thereof is permitted to project into the right-of-way in this section, then a right-of-way encroachment permit as provided in the City of Clearlake Municipal Code shall be required prior to installation of the projection.

Figure 4

Figure 5

3. Discretionary Encroachments. Upon approval of an administrative use permit or in conjunction with tandem parking approval, the Director may approve reductions in yard standards as provided for in Table 18.

Table 18. Discretionary Exceptions to What May Occupy Yards

Description

Permitted Encroachments

A. Reduced street yards

Street yards may be reduced to 10 feet for structures including carports. Reductions may be approved for garages when the driveway is long enough to accommodate a parked car that does not overhang the sidewalk (18 feet minimum).

B. Variable street yards in new subdivisions

In new residential subdivisions, the entity approving the subdivision may approve variable street yards, to be noted on the approved map, provided the average of the yards on a block is at least 15 feet and no yard is less than 10 feet. Garages or carports which back directly onto the public right-of-way shall maintain a minimum setback so that a parked car does not overhang the sidewalk (18 feet).

C. Variable other than street yards in new subdivisions

In new residential subdivisions, the entity approving the subdivision map may approve exceptions to the other yard standards, with the exceptions to be noted on the map, provided a separation of at least 10 feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed by alternative yard requirements.

D. Other yard variations in previously subdivided areas

Other yards may be reduced to zero under either of the following circumstances:

i.

When there exists adequate recorded agreement running with the land to maintain at least 10 feet of separation between buildings on adjacent parcels; or

ii.

When the reduction is for either a minor addition to an existing legal structure which is nonconforming with regard to yard requirements or for a detached single-story accessory structure; provided, that the Director makes the following findings:

iii.

In the case of a minor addition, that the minor addition is a logical extension of the existing nonconforming structure;

iv.

In the case of a detached single-story accessory structure, that the accessory structure is consistent with the traditional development pattern of the neighborhood and will have a greater street yard setback than the main structure;

v.

That adjacent affected properties will not be deprived of reasonable solar exposure;

vi.

That no useful purpose would be realized by requiring the full yard;

vii.

That no significant fire protection, emergency access, privacy or security impacts are likely from the addition; and

viii.

That it is impractical to obtain a 10 foot separation easement pursuant to subsection (D)(i) above.

All such minor additions and new accessory structures shall comply with applicable provisions of the City’s adopted Building Code.

E. Other yard exceptions

Except for accessory and junior accessory dwellings, exceptions may be provided to the standards referenced in Tables 14, 15, 16 and 17. Such exceptions may be granted in any of the following and similar circumstances, but in no case shall exceptions be granted for less than the minimum yard required:

i.

When the property that will be shaded by the excepted development will not be developed or will not be deprived of reasonable solar exposure, considering its topography and zoning;

ii.

When the exception is of a minor nature, involving an insignificant portion of total available solar exposure;

iii.

When the properties at issue are within an area where use of solar energy is generally infeasible because of landform shading;

iv.

When adequate recorded agreement running with the land exists to protect established solar collectors and probable collector locations;

v.

When the property to be shaded is a street;

vi.

Where no significant fire protection, emergency access, privacy or security impacts are likely to result from the exception.

F. Front yard paving of more than 50% in residential front yards (see Table 16, Section B)

Exceptions to this requirement may be approved subject to appropriate conditions and upon finding that:

i.

The exception will not constitute a grant of special privilege inconsistent with the driveway or parking limitations upon other properties in the vicinity;

ii.

The exception will not adversely affect the health, safety or general welfare of persons working or residing in the vicinity; and

iii.

The exception is reasonably necessary for the applicant’s full enjoyment of uses permitted upon his/her property.

(Ord. #248-2020, S2 (Exh. A))