Del Norte County Municipal Code § 14.08 Building Setback Lines 14.08.10 Purposes 14.08.20 Definitions 14.08.30 Designated…

1. This chapter is enacted for the purpose of establishing building setback lines on roads and other thoroughfares within the county for the following specific purposes:

   1. To provide a definite plan for the orderly improvement of roads within the county.

   2. To provide for the future widening of such roads as traffic conditions may require.

   3. To eliminate insofar as possible the necessity of moving or demolishing buildings or other structures when roads must be widened to accommodate traffic.

   4. To assist any person to determine front building lines and prevent encroachment upon existing or proposed rights-of-way.

2. The planning commission is designated as advisory agents with reference to this chapter.

3. Buildings setback lines shall be as hereafter specified, and as may be specified by any other ordinances.

(Ord. 73-2 § 12 (part), 1973; Ord. 302 § 1, 1960)

1. "Buildings" includes any building or structure of any nature which would interfere with the improvement of the roadway to its full width.

2. "County" referred to herein designate the county of Del Norte.

3. "County engineer" designates the engineer for the county of Del Norte.

4. "Highways" Includes all thoroughfares which are or may hereafter become a part of the State Highway System.

5. "Person" means any natural person, firm, corporations, etc.

6. "Planning commission" designates the planning commission of the county of Del Norte.

7. "Roads" includes streets, boulevards, drives, lanes, and other public thoroughfares, exclusive of alleys.

   8. "Setback line" means a line parallel to the road centerline and a specified distance there from normal to the centerline.

• (Ord. 302 § 2, 1960)

1. It is unlawful for any person to construct any building, or to reconstruct, remodel or add to any existing building, closer to any public street than distances set forth in this chapter.

   2. Setback lines, where they have not been heretofore established by a zoning ordinance shall be as follows:

      1. On Northcrest Drive, from the junction of FAP-1 to the junction of Elk Valley Road, the setback shall be sixty feet on major highways, one-half of the right-of-way width in commercial or industrial manufacturing zones fifty feet in all other areas.

      2. On dedicated county roads in commercial, industrial or manufacturing areas, one-half of the right-of-way width, but in no case less than thirty feet.

      3. In agricultural, residential or other areas, one-half of the right-of-way width, plus twenty feet, but in no case less than forty feet.

      4. On county roads, not dedicated, fifty feet.

   3. It shall be the responsibility of the county engineer to establish setback lines upon instructions from the board of supervisors. Application for establishment for setback lines shall be made in writing on a form prescribed by the engineer.

• (Ord. 309 (part), 1961; Ord. 302 § 3, 1960)

1. Where practical difficulties, unnecessary hardship, or results inconsistent with the purpose and intent of this chapter, may result from its strict application, variances may be granted as provided in this section.

2. Applications for variances under this Chapter and the determination thereon shall be governed by the provisions set forth in Title 20, Chapter 20.54 and shall be accompanied by a fee of ten dollars, no part of which shall be returnable to the applicant, and by a statement showing:

   1. That there are exceptional and extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district;

   2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner;

   3. That the granting of such variance will not under the circumstances of the particular case, be materially detrimental or injurious to property or improvement in the neighborhood.

3. A public hearing shall be held by the planning commission within sixty days after filing of application with the commission, notice of which shall be given by one publication in a newspaper of general circulation in the county or by posting notice on the property involved or adjacent thereto, at least ten days prior to such hearing.

4. Following the public hearing, the planning commission shall make a written findings-of-fact and submit it with its recommendation to the board of supervisors.

5. The board of supervisors shall consider the application for variance to this chapter within sixty days after receipt of the planning commission's report and shall either grant or deny such application. The board of supervisors may designate conditions and guarantees in connection with the variance to secure

the purpose of this chapter.

6. In any case where the conditions of granting of a variance are not complied with, the planning commission shall give notice to the permittee at least ten days prior to a hearing to revoke such variance. After conclusion of the hearing, the planning commission may revoke such variance subject to confirmation by the board of supervisors.

• (Ord. 2009-003 § 1 (part), 2009; Ord. 302 § 4, 1960)

1. It shall be the duty of the sheriff to enforce this chapter and its provisions.

2. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter is guilty of an infraction.

(Ord. 73-4 § 11, 1973; Ord. 73-2 § 12 (part), 1973; Ord. 302 § 5, 1960)

1. It is unlawful, and a misdemeanor for any person or persons to construct or maintain a building or structure of a permanent nature at a distance closer to the county highways designated in this section.

2. No building or structure of a permanent nature shall be constructed, erected, or maintained within a distance of sixty feet from the centerline of Northcrest Drive, from the junction of the roadway with Highway 101 to the intersection of Old Mill Road.

3. No building or structure of a permanent nature shall be constructed, erected or maintained within a distance of fifty feet from the centerline of Lake Earl Drive, from Old Mill Road to Elk Valley Cross Road.

4. No building or structure of a permanent nature shall be constructed, erected or maintained within a distance of fifty feet from the centerline of Elk Valley Cross Road, from its junction with Lake Earl Drive northerly to the junction of Elk Valley Cross Road with Highway 101.

5. No building or structure of a permanent nature shall be constructed, erected or maintained within a distance of fifty feet from the centerline of Rowdy Creek Road, from the junction of Rowdy Creek Road and Highway 101, a distance of two miles from the junction.

6. No building or structure of a permanent nature shall be constructed, erected, or maintained within a distance of fifty feet from the centerline of Mill Creek Road, from the junction of Mill Creek Road and Highway 199 southerly to the junction of Mill Creek Road with the South Fork Road.

7. No building or structure of a permanent nature shall be constructed, erected, or maintained within a distance of forty feet from the centerline of Requa Road, from the junction of Requa Road with Highway 101 to the Requa Inn.

(Ord. 322 §§ 1-7, 1962)