Chapter 17.30 — STANDARDS FOR ALL DEVELOPMENT AND LAND USES

A.

Purpose. This chapter expands upon the zone standards of Article 2 by addressing additional details of site planning, project design, and the operation of land uses. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of desirable character, consistent with the general plan and any applicable specific plan.

B.

Applicability. The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17.90 (nonconforming uses, structures, and parcels), and shall be considered in combination with the standards for the applicable zone in Article 2 (zones, allowable land uses, and zone standards) and those in Articles 4 (standards for specific land uses), and 5 (resource management). If there is a conflict between any standards, the provisions of Article 3 control over Article 2,

the provisions of Article 4 control over Articles 2 and 3, and the provisions of Article 5 control over Articles 2, 3, and 4.

Proposed development shall occur only on a lot that complies with the minimum lot size requirements of the applicable zone, and no subdivision shall be approved except in compliance with the minimum lot size requirements of the applicable zone, except that any lot of record existing prior to the date of first publication of the Grass Valley Zoning Ordinance shall be considered a building site.

A.

Purpose. This section explains the applicability of build-to-line requirements established by certain zones in Article 2; and provides standards for the location, required size and allowable uses of setbacks.

1.

Build-to-Lines. A build-to-line specifies the required location of a new structure in relation to the street frontages of a site, so that a proposed building will effectively assist in shaping the public space of streets, to enhance the comfort and convenience of the pedestrian experience.

2.

Setbacks. Setback standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between potentially conflicting activities; and space for privacy, landscaping and recreation.

B.

Build-to-Line Requirements. Each proposed structure shall comply with any build-to-line requirement established by the applicable zone by having the minimum percentage of the length of its street-facing facade required by the zone abutting the build-to-line. The review authority may waive build-to-line requirements for a project with more than one building, where the project street frontage is occupied by

one or more buildings in compliance with applicable build-to-line requirements, and secondary buildings are placed on the site to the rear of the front buildings.

C.

Setback Requirements.

1.

Minimum Setbacks for All Structures. Each structure shall comply with the front, interior side, street side, and rear setback requirements of the applicable zone, except:

a.

Where a front or street-side build-to-line requirement is established by the applicable zone, in which case a proposed structure shall instead comply with the build-to-line requirement;

b.

Additions to nonconforming structures that maintain the existing setbacks and comply with applicable building and fire codes.

c.

Where a setback requirement is established for a specific land use by Article 4;

d.

In the case of development near a waterway, which shall comply with the setback requirements established by Chapter 17.50 (creek and riparian resource protection); and

e.

As otherwise provided by this section.

No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section.

2.

Exemptions from Setback Requirements. The minimum setback requirements of this Development Code do not apply to the following:

a.

A building feature that encroaches into a required setback as allowed by Article 2 or Subsection F;

b.

Additions to nonconforming structures that maintain the building's existing setbacks and comply with applicable building and fire codes;

c.

A fence or wall six feet or less in height, when located outside of a required front or street side setback;

d.

A deck, earthwork, step, patio, free-standing solar device in other than a front setback, or other site design element that is placed directly upon grade and does not exceed a height of eighteen inches above the surrounding grade at any point;

e.

A sign in compliance with Chapter 17.38 (signs); or

f.

A retaining wall less than thirty inches in height above finished grade.

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D.

Measurement of Setbacks. Setbacks shall be measured as follows, except that the director may require different setback measurement methods where the director determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-1.

1.

Front Setback. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows. The front property line is the most narrow dimension of a lot adjacent to a street.

Figure 3-1 - Locations and Measurements of Setbacks

a.

Developed Residential Block. In a block where forty percent or more of the parcels along the block face (the street frontage between two intersecting streets or the end of a dead-end street) within two hundred feet of the site have been improved with residential buildings, the required front setback for a new building may be the average of the actual front setbacks of the existing buildings along the same block face within two hundred feet of the site, instead of the setback required by the applicable zone, but not less than ten feet.

b.

Mapped Street with Future Improvements. If the city has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback shall be measured from the line shown on the plan.

c.

Infill Development on a Parcel Within a Previously Approved Project. Where the city has established specific setback requirements for individual single-dwelling parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this development code, those setbacks shall apply to infill development within the approved project instead of the setbacks required by this development code.

d.

Flag Lot. The front setback on a flag lot (a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel) shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a setback line parallel to the lot line nearest to the public street or right-ofway. See Figure 3-2. Standards for new flag lots are in Subsection 17.88.030.F.5.d (subdivision layout standards - flag lots).

e.

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Corner Lot. The front setback shall be measured from the nearest point of the wall of the structure to the nearest point of

Figure 3-2 - Flag Lot Front Setback

the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the Director.

f.

Double-Frontage Lots. A double-frontage lot is considered to have two front lot lines, and a required front setback shall be provided from both front lot lines.

(1)

Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street.

(2)

The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.

See Subsection 17.88.030.F.5.b regarding the limited circumstances where new double-frontage lots are allowed.

Side Setback. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear setbacks. See Figure 3-1.

3.

Street Side Setback. The side setback on the street side of a corner parcel shall be measured from whichever of the following points results in the greatest setback from an existing or future roadway:

a.

The nearest point on the side property line bounding the street;

b.

The edge of an easement for a private road;

c.

The inside edge of the sidewalk; or

d.

The boundary of a planned future right-of-way established as described in Subsection D.1.b.

4.

Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest part of the structure, establishing a setback line parallel to the rear property line. See Figure 3-1.

a.

In the case of a double-frontage lot, the director shall determine which frontage is the front and which is the rear, for the purpose of measuring front and rear setbacks.

b.

Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line ten feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback. See Figure 3-3.

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Figure 3-3 - Rear setbak on irregular lot

E.

Limitations on the Use of Setbacks.

1.

Structures. A required setback area shall not be occupied by structures other than:

a.

The fences and walls permitted by Section 17.30.040 (fences, walls, and screening); and

b.

The projections into setbacks allowed by Subsection F. and the applicable zone.

2.

Storage of Materials. No front or street side setback shall be used for the storage of building materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid Building Permit.

3.

Vehicle Parking and Storage. No required parking space shall be located within a required setback, except as provided by Section 17.36.090.C (location of parking). No front or side setback shall be used for parking a motor vehicle, recreational vehicle (RV), boat, trailer, farm equipment, or other vehicle, except that an operable automobile or truck of one-ton capacity or less, in regular use, may be parked within a paved driveway. A garage, carport, or any other structure for sheltering parking space within a residential or neighborhood zone shall comply with the setback requirements of the applicable zone, and the requirements of Section 17.44.020.F.2 (accessory structures and uses - garages).

F.

Allowed Encroachments into Setbacks. An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3- 1. See also Figure 3-4. These requirements do not apply to accessory structures, which are instead subject to Section 17.44.020 (accessory structures and uses).

TABLE 3-1 ALLOWED PROJECTIONS INTO SETBACKS

Notes:

(1) Feature may project no closer than 36 inches to any side or rear property line.

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Figure 3-4 - Examples of allowed projections into side setback

G.

Setback Requirements for Specific Structures.

1.

Accessory Structures. See Section 17.44.020 (accessory structures and uses).

2.

Fences. See Section 17.30.040 (fences, walls, and screening).

3.

Detached Decks and Other Site Design Elements. A detached deck, freestanding solar device, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of eighteen inches above the surrounding grade at any point, shall comply with the setback requirements of this Development Code for detached accessory structures in Section 17.44.020 (accessory structures and uses).

4.

Swimming Pool, Hot Tub, etc. A swimming pool, hot tub, or spa shall be set back a minimum of five feet from side and rear property lines, and shall not be located within a front setback.

5.

Mechanical Equipment. Outdoor ground-mounted mechanical equipment shall comply with the setback requirements of the applicable zone. Examples of this equipment include: swimming pool pumps and filters, heating, ventilation, and air conditioning, and similar equipment; and transformers, cable television distribution boxes, and similar equipment that is allowed to be installed above ground.

A.

Applicability. The requirements of this section apply to all fences and walls unless otherwise stated.

1.

Fences or Wall in Flood Hazard Area. A fence or wall in an area subject to flooding identified on a federal flood insurance rate map (FIRM) on file in the department shall require a building permit, and shall comply with all requirements of the city engineer in addition to the requirements of this section.

2.

Exemptions. These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety.

B.

Height Limits. Each fence or wall shall comply with the height limits shown in Table 3-2.

TABLE 3-2 MAXIMUM HEIGHT OF FENCES OR WALLS

C.

Measurement of Fence and Wall Height. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.

D.

Specific Fence and Wall Requirements.

1.

Fencing Between Different Land Uses. Fencing between different land uses shall be provided in compliance with Subsection F (screening).

2.

Outdoor Equipment, Storage, and Work Areas. Nonresidential outdoor uses and equipment adjacent to a residential use shall be fenced and/or screened in compliance with Subsection F (screening).

3.

Retaining Walls. An embankment to be retained on the site of a multi-unit residential project or nonresidential use that is over forty-eight inches high shall be benched so that no individual retaining wall exceeds a height of six feet except where the review authority determines that topography requires a wall of greater height, and each bench is a minimum width of thirty-six inches.

4.

Swimming Pools, Spas, and Similar Features. Swimming pools/spas and other similar water features shall be fenced in compliance with Uniform Building Code (UBC) requirements, regardless of the other requirements of this section.

5.

Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. This fencing shall be approved by the director.

E.

Prohibited Materials. The following fencing materials are prohibited in all zones except where they are required by a state or federal law or regulation, and except as noted.

1.

Razor or concertina wire in conjunction with a fence or wall, or by itself, and chain link fencing within a front or street side setback; and

2.

Barbed wire, or electrified fence; except where approved by the director for animal control.

F.

Screening. This subsection establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.

1.

Screening Between Different Land Uses. A commercial or industrial land use proposed on a site adjacent to a zone that allows single dwellings shall provide screening at the parcel boundary as follows. Other nonresidential uses adjacent to a residential use may also be required by the review authority to comply with these requirements.

a.

The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material, six feet in height (up to eight feet may be allowed in compliance with Subsection B (height limits). Openings or pedestrian connections may be required at the discretion of the review authority.

b.

The decorative wall shall be architecturally treated on both sides, subject to the approval of the review authority.

c.

A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that ten feet of landscaping shall be provided between a parking lot and a screening wall, in compliance with Chapter 17.34 (landscaping standards).

d.

The review authority may waive or approve a substitute for the requirements of this Subsection F.1 if the review authority first determines that:

(1)

The relationship of the proposed uses make the required screening unnecessary;

(2)

The intent of this section can be successfully met by means of alternative screening methods;

(3)

Physical constraints on the site make the required screening infeasible; or

(4)

The physical characteristics of the site or adjoining parcels make the required screening unnecessary.

Mechanical Equipment, Loading Docks, and Refuse Areas.

a.

Roof- or ground-mounted mechanical equipment shall be screened from public view from adjoining public streets and rights-of-way and adjoining areas zoned for residential uses. This equipment includes air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, refuse storage areas, and utility services, electrical transformers, gas meters, etc.

b.

The colors, materials, and architectural style of screening shall be architecturally compatible with other onsite development.

3.

Outdoor Storage and Work Areas. See Section 17.44.170 (outdoor displays, sales, and storage).

(Ord. No. 818, § 3(Exh. A), 9-13-2022)

A.

Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this development code, and exceptions to those height limits.

B.

Maximum Height of Structures. The height of each structure shall not exceed the height limit established for the applicable zone by Article 2 (zones, allowable land uses, and zone standards), except as otherwise provided by this section, and by Section 17.54.040.E (hillside and ridgeline protection - height limits) for sloping lots.

C.

Height Measurement. The maximum allowable height shall be measured as the vertical distance from the eave or bottom of parapet of the structure to the finished grade. The finished grade shall not be artificially raised to gain additional building height.

D.

Exceptions to Height Limits. The following structures and structural features may exceed the height limits of this development code as noted:

1.

Architectural Features. A chimney, cupola, monument, mechanical equipment, or vent may exceed the height limit by a maximum of three feet. A spire, theater scenery loft, or tower, may exceed the height limit by twenty-five feet.

2.

Telecommunications Facilities. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances shall comply with Chapter 17.46 (telecommunications facilities).

E.

Height Limit at Street Corners. Development proposed adjacent to any public or private street or alley intersection in other than the TC, NC, and NC-Flex zones shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety. See Figure 3-6.

1.

Measurement of Visibility Area. A traffic safety visibility area is a triangle measured as follows, and may include private property and/or public right-of-way.

The visibility area shall be defined by measuring thirty-five feet from the intersection of the extension of the front and street side curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property. The review authority may reduce the thirty-five-foot requirement where it determines a narrow parcel frontage would excessively reduce buildable area.

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Figure 3-6 - Required traffic safety visibility area

2.

Height Limit. No structure, sign, or landscape element shall exceed thirty-six inches in height within the traffic safety visibility area, unless approved by the city engineer, except for trees with their canopy trimmed to a minimum of eight feet above grade.

(Ord. No. 818, § 3(Exh. A), 9-13-2022)

New outdoor lighting on private property other than the site of a single dwelling or duplex shall comply with the following requirements. It is the policy of the city and the intent of these standards that outdoor lighting be limited to the minimum necessary for safety and security.

A.

An outdoor light fixture shall be limited to a maximum height of fourteen feet or the height of the nearest building, whichever is less except adjacent to or within a residential area where the height shall be reduced to eight feet. A fixture between fourteen and twenty feet in height may be approved by the development review committee where it first determines that the additional height will provide lighting that still complies with all other requirements of this section.

B.

Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hard-wired compact florescent, or other lighting technology that is of equal or greater energy efficiency) fixtures/lamps.

C.

Lighting fixtures shall be shielded or recessed to minimize light bleed to adjoining properties, by:

1.

Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and

2.

Confining glare and reflections within the boundaries of the site to the maximum extent feasible.

Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates an area off the site.

D.

No lighting on private property shall produce an illumination level greater than one footcandle on any property within a residential or neighborhood zone, except on the site of the light source.

E.

No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the director.

A.

Purpose. This section provides performance standards that are intended to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses.

B.

Applicability. The provisions of this section apply to all new and existing land uses, including permanent and temporary uses in all zones, unless an exemption is specifically provided. Uses existing on the effective date of this section shall not be altered or modified thereafter to conflict with these standards.

C.

Air Emissions. No visible dust, gasses, or smoke shall be emitted, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.

D.

Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations Title 19.

E.

Dust. Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to approval by the city engineer.

1.

Scheduling. Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dust-generating activity (e.g., construction, paving or planting) will occur as soon as possible.

2.

Operations During High Winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds twenty-five miles per hour averaged over one hour.

3.

Limiting the Area of Disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be minimized at all times.

4.

Dust Control. Fugitive dust emissions shall be controlled by watering a minimum of two times each day, paving or other treatment of permanent on-site roads and construction roads, the covering of trucks carrying loads with dust content, and/or other dust-preventive measures (e.g., hydroseeding, etc.).

5.

Revegetation. Graded areas shall be revegetated as soon as possible, but within no longer than thirty days, to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained; and

6.

Fencing. Appropriate fences or walls shall be constructed to contain dust within the site as required by the city engineer.

F.

Ground Vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.

G.

Light and Glare. Outdoor lighting shall comply with the requirements of Section 17.30.060 (outdoor lighting).

H.

Liquid Waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.

I.

Noise. The city's noise standards are in Municipal Code Chapter 8.28.

J.

Odor. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

K.

Radioactivity, Electrical Disturbance or Electromagnetic Interference. None of the following shall be emitted:

1.

Radioactivity, in a manner that does not comply with all applicable state and federal regulations; or

2.

Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations.

The development of an approved project shall include the construction of improvements to each public street frontage of the site if required by the review authority and city public improvement standards. These on-site and/or off-site improvements may include the widening of an existing street, and/or the installation or reinstallation of curb, gutter, and sidewalk; the installation of street trees and other landscaping within the public right-of-way; the installation of drainage facilities as required by the city engineer, and/or other improvements determined by the review authority to be reasonably related to the needs for pedestrian and vehicle circulation, and community infrastructure demands created by the project. See also Municipal Code Chapter 12.44.

A.

Purpose. This section provides standards which recognize the city's support for and compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

B.

Applicability. These requirements apply to new multi-family residential development, nonresidential development, and changes to existing multifamily residential or nonresidential development that increase gross floor area by twenty-five percent or more.

C.

Extent of Storage Area Required. Solid waste and recyclables storage areas shall be provided in the number, dimensions, and types required by the department or review authority. Additional storage areas may be required, as deemed necessary by the director.

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D.

Enclosure Requirements. Storage areas shall be fully enclosed by a six-foot high decorative masonry wall or other solid enclosure that is architecturally compatible with adjacent structures. Gates shall be solid and continuously maintained in working order. A concrete apron shall be installed. Landscaping shall be provided to soften and screen the enclosure in compliance with Chapter 17.34 (landscaping standards). See Figure 3-7.

Figure 3-7 - Solid waste enclosure

A.

Applicability. The provisions of this section apply to any proposed installation of visual art on publicly or privately-owned property in all nonresidential zoning districts.

B.

Visual Art on Privately-owned Property. Visual art may be allowed in any commercial, industrial, and other nonresidential zone subject to the following requirements. All visual art shall be subject to the review and recommendation by the development review committee (DRC) and approval by the planning commission.

1.

Visual art without text visible from a public right-of-way may be approved in addition to (not counted as part of) the sign area allowed by Section 17.38.070 (zone sign standards), above; visual art with text shall comply with the sign area limitations applicable to the site.

Visual art that illustrates the local setting, history, or cultural significance as sources of inspiration are encouraged.

3.

Historic District: Visual art that is proposed within the historic district shall be reviewed by the historical commission who shall provide a recommendation to the planning commission.

4.

Review Authority and Finding: The approval of visual art shall require that the planning commission first find that the colors, placement, and size of the artwork are visually compatible with the structure's architecture, and that the art will serve to enhance the aesthetics of the city.

C.

Visual Art on Publicly-owned Property. The following standards apply to visual art placed on publiclyowned property in all zones. All visual art in public spaces shall be subject to the review and recommendation by the DRC and Planning Commission and approval by City Council.

1.

Visual art on publicly-owned property without visible text may be approved in addition to (not counted as part of) the sign area allowed by Section 17.38.070 (zone sign standards), above; visual art with text shall comply with the sign area limitations applicable to the site.

2.

The composition of the artwork shall be of a permanent type of materials to be durable against vandalism, theft, and weather, and in order to require a low level of maintenance. Paintings and murals shall be treated with a protectant to prevent vandalism, fading, and wear.

3.

Illumination of artwork shall comply with requirements of Section 17.30.060 (Outdoor lighting).

4.

Artwork that illustrates the local setting, history, or cultural significance as sources of inspiration is encouraged.

5.

Historic District: Visual art that is proposed within the historic district shall be reviewed by the historical commission who shall provide a recommendation to the planning commission.

6.

Planning Commission: All visual art proposals shall be reviewed by the DRC and planning commission who will provide a recommendation to City Council.

Review Authority and Finding: The approval of visual arts shall require that the City Council first find that the colors, placement, and size of the artwork are visually compatible with the surrounding character of the area, and that the artwork will serve to enhance the aesthetics of the city.

(Ord. No. 837, § 2, 9-23-2025)