Hesperia Municipal Code Art. I Setback Regulations

Except as provided in this article, all yards or setbacks shall be as set forth in the land use districts or zones.

(SBCC § 87.0501)

A. Where setbacks are provided within a land use district, front yard setbacks shall mean distance from a road right-of-way unless otherwise specified within this section.

B. Where setbacks are provided within a land use district, side and rear yard setbacks are from adjacent lot lines unless otherwise specified within this section.

C. Yards or other open spaces required around an existing building or which are hereafter provided around any building for the purpose of complying with the yard provisions of a land use district or zone shall not be considered as providing a yard or open space for any other building.

D. Yards or required open space on an adjoining lot shall not be considered as providing a yard or open space on a lot whereon a building is to be erected.

E. On through lots, front yards shall be provided on all street frontages.

F. If any future right-of-way line has been established by provisions of a specific ordinance, community plan, zoning or similar document, the measurement of the yard shall be made from the future right-of-way or future property line.

G. All street setbacks shall include provision for a minimum half-width of thirty (30) feet for any valley or desert right-of-way and twenty (20) feet for any mountain right-of-way unless otherwise specified by provisions of a specific ordinance, community plan, zoning or similar document.

H. Side yards on the street sides of corner lots require the same building setback as do front yards unless otherwise specified within the provisions of a specific ordinance, community plan, zoning or similar document.

I. When the side lines of a lot converge to a point or to a rear lot line narrower than ten feet, for setback purposes the rear lot line is considered to be a line parallel to the front lot line measuring ten feet between the two side lot lines. The rear yard depth is measured from the ten foot line to the nearest part of the principal building on the lot.

J. For the purposes of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot: semi-detached two- and four-family dwellings, row dwellings, group dwellings and court apartments.

K. Street setback lines, as delineated on all final maps, parcel maps and records of survey maps recorded in the city between March 1, 1948, and January 1, 1987, or on composite development plans on file with the community development department shall be the street and yard setback distances required on the property within said final maps, parcel maps, or records of survey. Notwithstanding any other provision of the development code, any request to modify or deviate from a building setback line designated on a recorded map or final map shall be revised through the issuance of a certificate of correction to the parcel map or final map.

L. Any primary use structure which is constructed upon a portion of two or more lots which are held in a common contiguous ownership shall not be required to adhere to the yard setback requirements specified for those lot lines upon which the construction has taken place. All other requirements specified by this code shall apply to this type of construction, including those requirements for distance between structures and required setbacks as measured from the combined perimeter boundary of the contiguous parcels.

M. Front street setback lines shall be established, so wherever possible the yard width at such a setback line is at least the minimum width specified by the applicable zone/land use district, unless otherwise allowed by this title.

(Ord. 2001-09 Exh. A (part), 2001: amended during 12/98 supplement; SBCC § 87.0505)

In computing the depth of a rear yard where such yard opens into an alley, one-half (½) the width of such alley may be assumed to be a portion of the required rear yard.

(SBCC § 87.0510)

Unless otherwise specified in the development code, the regulations in this chapter shall apply only to zone districts and only when specifically cited within said zone districts.

(Amended during 12/98 supplement; SBCC § 87.0601)

Any structure hereafter erected, enlarged, relocated or structurally altered, which is located or is to be located on property abutting any street, road easement or freeway, shall conform to the street setbacks as set forth in the following subsections:

A. Where the street is located on a right-of-way width of sixty (60) feet or less, the minimum street setback shall be fifty-five (55) feet, measured from the centerline.

B. Where the street is located on a right-of-way width of more than sixty (60) feet, the minimum street setback shall be twenty-five (25) feet in addition to one-half (½) of the width of the existing right-of-way measured from the centerline.

C. Where the roadway is a private road easement, the minimum street setback shall be twenty-five (25) feet measured from the recognized easement line.

D. Where residential buildings and accessory structures are constructed or remodeled on reversed corner lots, the applicable building setbacks in the street side yard may be reduced to twenty-five (25) feet along major arterial and arterial streets and to fifteen (15) feet along secondary arterial, collector and local streets.

(Ord. 2001-09 Exh. A (part): amended during 1997 codification; SBCC § 87.0605)

A. Protective pump island canopies shall maintain a setback of five feet from the right-of-way shown on the adopted master plan of highways.

B. Pump islands, when designed parallel to the nearest right-of-way, shall maintain a setback of fifteen (15) feet from the right-of-way shown on the circulation element of the general plan, specific plan or adopted community plan.

C. Pump islands, when designed at an angle of thirty (30) degrees or more to the nearest right-of-way, shall maintain a setback of twenty-five (25) feet from the right-of-way shown on the circulation element of the general plan, specific plan or adopted community plan.

D. Area lighters shall maintain a setback of one foot from the right-of-way shown on the circulation element of the general plan, specific plan or adopted community plan.

E. All other structures over four feet in height shall maintain setbacks as required in the street setback section for zone districts or as required by the applicable specific plan or community plan.

(SBCC § 87.0701(a))

Editor's note— Ord. No. 2019-08, § 3(Exh. B), adopted June 4, 2019, repealed § 16.20.040, which pertained to apartment building separations and derived from Ord. 250(part), 1997; SBCC § 87.0701(b).

A. Adequate visibility for vehicular and pedestrian traffic shall be provided at clear sight triangles at all ninety (90) degree angle intersections of public rights-of-way and private driveways, through the following measures:

1. There shall be no man made visual obstruction in clear sight triangles which exceed thirty-six (36) inches above grade level, except by no more than seven posts or columns each with a width no greater than twenty-six (26) inches within the clear sight triangle formed at a street intersection and no more than three posts or columns not to exceed twenty-six (26) inches in width be within the clear sight triangle at the intersection of a driveway and a street. These columns may include a decorative cap not to exceed thirty (30) inches in width. Open wire fences, including chain link, shall not exceed seventy-two (72) inches in height above grade within clear sight triangles.

2. There shall be no monument signs, walls, or non-open wire fences allowed within a clear sight triangle, which is higher than thirty-six (36) inches above grade except as permitted by Section 16.20.070.

B. Clear sight triangles are right triangles which are measured as follows:

1. The ninety (90) degree angle is formed by the intersection of either;

a. The intersection of the edges of two roadways as measured from the face of curb, top of asphalt dike, or if unpaved, the location of the curb or dike as per the standard street cross section of the right-of-way; or

b. The intersection of the edge of a private driveway or alley as measured from the face of curb, top of asphalt dike, or if unpaved, the location of the curb or dike as per the standard street cross section of the right-of-way of an intersecting roadway.

2. The two forty-five (45) degree angles of a clear sight triangle shall each be located as follows:

a. Roadway Intersections. Thirty (30) feet from the roadway intersection.

b. Private Driveway or Alleyway. Fifteen (15) feet from the intersection.

3. Diagrams:

[Figure]

(Ord. 250 (part), 1997; Ord. 43 § 1, 1989; SBCC § 87.0701(c))

(Ord. No. 2009-09, § 3(Exh. A), 10-20-09)

A. Open animal enclosures shall be kept at least seventy (70) feet from buildings used for human habitation, public park, school, hospital or church buildings on adjoining lots or parcels, and shall maintain a clearance of at least five feet from interior side and rear property lines, and fifteen (15) feet from side street rights-of-way, excepting an alley or bridle path, unless the animals are confined by a five foot chain link fence or a five foot wood fence with horizontal members no more than six inches apart, which fence may be located on an interior side or rear lot line and fifteen (15) feet from a side street right-of-way. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.

B. Exception. Those parcels of land upon which a use of keeping and maintaining a horse, or horses, has been established prior to the date of construction of a building used for human habitation located on a neighboring parcel, regardless of any other provisions of this code, shall have applicable to them a nonconforming use right. Such nonconforming use right shall be only that a horse or horses may be kept at a minimum of fifty (50) feet from buildings used for human habitation on adjoining lots or parcels providing the following are complied with:

1. Shall maintain a clearance of at least five feet from interior side and rear property lines;

2. Shall maintain a clearance of fifteen (15) feet from side street rights-of-way excepting an alley or bridle path;

3. Fences shall maintain a height of at least five feet and shall be of such construction as to preclude the escape of animals within the enclosure.

(Ord. 250 (part), 1997; SBCC § 87.0701(d))