§ 22.110

This Chapter prescribes development and site regulations to encourage development that produces an environment of desirable character, is compatible with existing development, and protects the use and enjoyment of neighboring properties.

(Ord. 2019-0004 § 1, 2019.)

A.

This Chapter shall apply to development in all zones, unless superseded by more specific regulations in this Title 22.

B.

A person shall not use any building, structure, equipment, or obstruction within any yard or highway line except as hereinafter specifically permitted in this Title 22, and subject to all regulations and conditions enumerated in this Title.

(Ord. 2019-0004 § 1, 2019.)

The following accessory buildings are permitted in required yards:

A.

Garages or Carports within Front Yards on Sloping Terrain. A one-story attached or detached garage or carport may be used within a required front yard on sloping terrain, provided that:

1.

The difference in elevation between the curb level and the natural ground at a point 25 feet from the highway line is five feet or more; or where there is no curb, that a slope of 20 percent or more from the highway line to a point on natural ground 25 feet from said highway line exists. Measurement in all cases shall be made from a point midway between the side lot lines;

2.

The garage or carport is located not closer than five feet to a highway line or closer to a side lot line than is permitted for a main building on such lot; and

3.

The garage or carport does not exceed a height of 15 feet above the level of the centerline of the adjoining street or highway.

B.

Garages and Carports in Rear and Side Yards. One-story detached garages and carports may be used within a required interior side and rear yard, provided that:

1.

The detached garages and carports are located 75 feet or more from the front lot line;

2.

Where the garages or carports have direct vehicular access to an alley, they shall be located a distance of not less than 26 feet from the opposite right-of-way line of such alley;

3.

On a corner or reversed corner lot, the garage or carport is located not closer to the highway line than a distance equal to the corner side yard;

4.

The provision is made for all roof drainage to be taken care of on the same property; and

5.

No more than 50 percent of the required rear yard shall be covered by buildings or other roofed structures.

C.

Accessory Dwelling Units in Rear and Side Yards. Accessory dwelling units are subject to yard requirements as provided in Section 22.140.640.

D.

Other Accessory Buildings in Rear Yards. Other one-story accessory buildings permitted in the zone, excluding guest houses or any other building designed or used for living or sleeping purposes, may be used within a required rear yard, provided that:

1.

Such buildings are not placed within a required side yard;

2.

Such buildings are placed not closer than five feet to any lot line; and

3.

Not to exceed 50 percent of the required rear yard shall be covered by buildings or other roofed structures.

E.

Replacement of Open Space. The Director may modify Subsection D.3, above, and approve buildings or other roofed structures covering an area in excess of 50 percent of a required rear yard, provided that:

1.

An equivalent area replacing the covered area is substituted elsewhere on the property;

2.

The Director determines that the equivalent area substituted is equally satisfactory with regard to usability and location; and

3.

Such equivalent area does not exceed 10 percent in grade and has a minimum dimension of not less than 15 feet. Such dimension may include area contained in the required rear or side yard but required yards shall not be included in computing such equivalent replacement area.

(Ord. 2019-0020 § 10, 2019; Ord. 2019-0004 § 1, 2019.)

The following structures are permitted in required yards:

A.

Planter Boxes and Masonry Planters. The maximum height of planter boxes and masonry planters in required front yards shall not exceed a height of three and one-half feet.

B.

Swimming Pools. A swimming pool is permitted in a required rear yard, provided that it is at least five feet from any lot line.

C.

Guard Railings or Fences for Safety Protection. Guard railings or fences for safety protection adjacent to depressed ramps may be placed in any yard, provided that:

1.

An open-work railing or fence is used; and

2.

Such railing or fence does not exceed a height of three and one-half feet.

D.

Driveways, Walkways, and Patio Slabs. Driveways, walkways, patio slabs, and other areas constructed of concrete, asphalt, or similar materials, and wooden decks, may be used in any required yard. The maximum height of such structures in a required yard may not exceed one foot above ground level. Steps providing access between areas of different elevation on the same property are included in this requirement.

E.

Ground-Mounted Equipment. Ground-mounted air conditioners, swimming pool pumps, heaters, filters, and fans may be used in required rear yards, provided that:

1.

Such structures or equipment are at least two and one-half feet from any lot line; and

2.

Such structures or equipment do not exceed a height of six feet measured from the base of the unit.

F.

Equipment in Rear Yards. The following equipment may be placed in rear yards:

1.

Trash enclosures for developments not subject to Chapter 22.132 (Storage Enclosure Requirements for Recycling and Solid Waste).

2.

Movable dog houses.

3.

Movable children's play equipment.

G.

Temporary Signs. Temporary signs advertising the sale or lease of the premises on which the sign is located may be placed within the front or corner side yard if a minimum setback of 10 feet is maintained from the highway line. All such signs shall comply with Chapter 22.114 (Signs).

H.

Projecting On-Site Signs. On-site signs permitted by Chapter 22.114 (Signs) and attached to a lawfully existing building may extend a maximum of 18 inches into the front or corner side yard. This Subsection H does not authorize the projection of such signs beyond the right-of-way line established by the highway line.

I.

Freestanding Signs in Zones C-H and C-1. Freestanding signs in Zones C H and C-1 may be placed in the front yard subject to Chapter 22.114 (Signs).

(Ord. 2024-0028 § 9, 2024; Ord. 2019-0004 § 1, 2019.)

A.

Where more than one building is placed on a lot, the following minimum distances shall apply in any zone where front, side, and rear yards are required by this Title 22:

1.

Distance Between Main Buildings. A minimum distance of 10 feet shall be required between all main residential buildings on the same lot.

2.

Distance Between Accessory and Main Buildings. Except where a greater distance is required by this Title 22, a minimum distance of six feet shall be required between any main residential building and any accessory building on the same lot.

3.

Projections Permitted Between Buildings on the Same Lot. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as, and are not closer to, a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard:

a.

Eaves and cantilevered roofs.

b.

Fireplace structures, buttresses, and wing walls.

c.

Rain conductors and spouts, water tables, sills, capitals, cornices, and belt courses.

d.

Awnings and canopies.

e.

Water heaters, water softeners, and gas or electric meters; including service conductors and pipes.

f.

Exterior stairways and balconies above the level of the first floor.

B.

Uncovered porches, platforms, landings, decks, and related access stairs that do not extend above the first floor, are permitted between buildings without any distance restriction.

FIGURE 22.110.050-A: DISTANCE BETWEEN BUILDINGS

==> picture [300 x 204] intentionally omitted <==

Legend:

---

S = Structure

NH = Non-Habitable Structure

H = Habitable Structure

(Ord. 2019-0004 § 1, 2019.)

A.

Maximum Height. The height of buildings, except where otherwise provided, shall be determined by the total floor area in all the buildings on any one lot shall not exceed 13 times the buildable area of such lot.

Cellar floor space, parking floor space with related interior driveways and ramps, or space within a roof structure or penthouse for the housing of building operating equipment or machinery shall not be considered in determining the total floor area within a building.

B.

Buildable Area. Where any provision of this Title 22, or of any other ordinance, requires any front, side, or rear yards, or prohibits the occupation of more than a certain portion of a lot by a structure, the portion of such lot which may be occupied by structures is the "buildable area" as used in Subsection A, above.

C.

Exceptions from Height Limit. The following are exceptions from the maximum permitted height limits stated by this Title 22:

1.

Chimneys and rooftop antennas.

2.

Signs, as regulated by this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.110.070 - Fences and Walls.

A.

Measuring Height of Fences and Walls. The height of a fence or wall shall be measured at the highest average ground level within three feet of either side of said wall or fence. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six inches; provided that the average height of such fence or wall shall not exceed the specified maximum height. For example, see Figure 22.110.070-A, below.

FIGURE 22.110.070-A: MEASURING FENCE HEIGHT

==> picture [300 x 137] intentionally omitted <==

Legend:

---

A = Required front yard

B = Fence height within the required front yard

C = Fence height after the required front yard

B.

Maximum Height of Fences and Walls. Fences and walls may be erected and maintained in required yards subject to the following requirements:

1.

Front Yards. Fences and walls within a required front yard shall not exceed three and one-half feet in height. For example, see Figure 22.110.070-A, above.

2.

Interior Side and Rear Yards. Fences and walls within a required interior side yard or rear yard shall not exceed six feet in height, provided that on the street or highway side of a corner lot such fence or wall shall be subject to the same requirements as for a corner side yard. For example, see Figure 22.110.070-A, above.

3.

Corner Side Yards. Fences and walls within a required corner side yard shall not exceed three and one-half feet in height where closer than five feet to the highway line, nor exceed six feet in height where located five feet or more from said highway line.

4.

Retaining Walls.

a.

Retaining Walls. Retaining walls within required yards shall not exceed six feet in height.

b.

Retaining Walls Topped with Walls or Fences.

i.

Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall; provided that a non-view-obscuring fence of three and one-half feet may be erected at the top of the retaining wall for safety protection.

ii.

Where a wall or fence is located in the required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from said retaining wall a distance of one foot for each one foot in height, to a maximum distance of five feet. This Subsection B.4.ii does not permit a wall or fence in required yards higher than permitted by this Section. The area between such wall or fence and said retaining wall shall be landscaped and continuously maintained in good condition.

5.

Flag Lots. Notwithstanding this Subsection B, fences or walls are permitted within any required yard on flag lots to a height not to exceed six feet, pursuant to the approval of a Ministerial Site Plan Review (Chapter 22.186) application.

6.

Exemption. Where a fence or wall that is required by any law or regulation of the State of California, and that fence or wall exceeds any height limitation specified by this Title 22, said fence or wall shall be permitted and shall not exceed such required height by any law or regulation of the State of California.

C.

Landscaping as Fences and Walls. Trees, shrubs, flowers, and plants may be placed in any required yard, provided that all height restrictions applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.

(Ord. 2019-0004 § 1, 2019.)

A.

Yard Determination. On corner lots, through lots with three or more frontages, flag lots, and irregularly shaped lots, where the provisions of this Title 22 do not clearly establish location of yards and lot lines, the Director shall make such determination.

B.

Front Yards.

1.

On Partially Developed Blocks. Where some lots in a block are improved or partially improved with buildings, each lot in said block may have a front yard of not less than the average depth of the front yards of the land adjoining on either side. A vacant lot, or a lot having more than the front yard required in the zone, shall be considered for this purpose as having a front yard of the required depth.

2.

On Key Lots. The depth of a required front yard on key lots shall not be less than the average depth of the required front yard of the adjoining interior lot and the required side yard of the adjoining reversed corner lot.

3.

On Sloping Terrain. The required front yard of a lot need not exceed 50 percent of the depth required in a zone where the difference in elevation between the curb level and the natural ground at a point 50 feet from the highway line, measured midway between the side lot lines, is 10 feet or more; or, if there is no curb, where a slope exists of 20 percent or more from the highway line to a point on natural ground 50 feet from said highway line. Measurement in all cases shall be made from a point midway between the side lot lines.

C.

Side Yards.

1.

Reversed Corner Lots Adjoining Key Lots. Where the front yard of a key lot adjoining a reversed corner lot is less than 10 feet in depth, such reversed corner lot may have a corner side yard of the same depth, but not less than five feet.

2.

Interior Side Yards on Narrow Lots. Where a lot is less than 50 feet in width, such lot may have interior side yards equal to 10 percent of the average width, but in no event less than three feet in width.

D.

Rear Yards on Shallow Lots. Where a lot is less than 75 feet in depth, such lot may have a rear yard equal to 20 percent of the average depth, but in no event less than 10 feet in depth.

E.

Limited Secondary Highways.

1.

Supplemental Yard. A supplemental yard eight feet wide shall be established in all zones along and contiguous to the highway lines of limited secondary highways; any other yard requirements established in Division 3 (Zones), Chapter 22.50 (Billboard Exclusion Zone), Chapter 22.52 (Development Program Zone), Chapter 22.54 (Parking Zone), Chapter 22.58 (Commercial—Residential Zone), Chapter 22.60 (Industrial Preservation Zone), and Section 22.140.585 (Single-Family Residences on Compact Lots), shall be in addition to this requirement.

2.

Use of Supplemental Yard. A person shall not use any building or structure within this supplemental yard except for openwork railings or fences which do not exceed six feet in height and except as permitted within a yard by Section 22.110.040.A (Planter Boxes and Masonry Planters), Section 22.110.040.D

(Driveways, Walkways, and Patio Slabs), Section 22.140.585.F.15.a (Planter Boxes and Masonry Planters), and Section 22.140.585.F.15.c (Driveways, Walkways, and Patio Slabs).

3.

Yard Modification. The supplemental yard requirement established by this Subsection E may be modified with the approval of a Yard Modification (Chapter 22.196) application.

(Ord. 2020-0032 § 20, 2020; Ord. 2019-0004 § 1, 2019.)

The following projections are permitted in required yards subject to the provisions of this Title 22 and Title 26 (Building Code) of the County Code.

A.

Eaves and Cantilevered Roofs. Eaves and cantilevered roofs may project a maximum distance of two and one-half feet into any required yard, provided that:

1.

Such eaves or cantilevered roofs are not closer than two and one-half feet to any lot or highway line;

2.

No portion of such eaves or cantilevered roofs are less than eight feet above grade; and

3.

There are no vertical supports within the required yard.

B.

Awnings and Canopies. Awnings and canopies may project a maximum distance of two and one-half feet into a required interior side yard and five feet into a required front, rear, and corner side yard, provided that:

1.

Such structures are not closer than two and one-half feet to any lot or highway line;

2.

Such structures have no vertical support within such yard; and

3.

Such awnings or canopies extend only over the windows or doors to be protected, and for not more than one foot on either side thereof.

C.

Fireplace Structures. Fireplace structures, not wider than eight feet measured in the general direction of the wall of which they are a part, buttresses, and wing walls may project a maximum distance of two and onehalf feet into any required yard, provided that:

1.

Such structures are not closer than two and one-half feet to any lot or highway line; and

2.

Such structures shall not be utilized to provide closets or otherwise increase usable floor area.

D.

Porches, Platforms, Landings, and Decks.

1.

Uncovered porches, platforms, landings, and decks, including any access stairs exceeding an average height of one foot, which do not extend above the level of the first floor may project a maximum distance of three feet into required interior side yards, and a maximum distance of five feet into required front, rear, and corner side yards, provided that:

a.

Such porches, platforms, landings, and decks shall not be closer than two feet to any lot or highway line; and

b.

Such porches, platforms, landings, and decks are open and unenclosed; provided, that an openwork railing not to exceed three and one-half feet in height may be installed.

2.

Porches, platforms, landings, and decks may be covered provided that in addition to the requirements in Section 22.110.090.D.1:

a.

Such covered porches, platforms, landings, and decks may project a maximum distance of three feet into required interior side yards and a maximum distance of five feet into required front, rear, and corner side yards;

b.

Such covered porches, platforms, landings, and decks shall not be closer than two feet to any lot or highway line; and

c.

Such covered porches, platforms, landings, and decks do not extend above the level of the first floor or 12 feet, whichever is lower.

E.

Rain Conductors. Rain conductors, spouts, utility-service risers, shut-off valves, water tables, sills, capitals, bases, cornices, and belt courses may project a maximum distance of one foot into any required yard.

F.

Equipment. Water heaters, water softeners, and gas or electric meters, including service conduits and pipes, enclosed or in the open, may project a maximum distance of two and one-half feet into a required interior side or rear yard, provided that such structures or equipment are not closer than two and one-half feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project a maximum distance of two and one-half feet into a required front or corner side yard, provided that such equipment is not closer than two and one-half feet to any lot or highway line.

G.

Stairways and Balconies. Stairways and balconies above the level of the first floor may project a maximum distance of two feet into a required interior or corner side yard, or four feet into a required front or rear yard, provided that:

1.

Such stairways and balconies shall not be closer than three feet to any lot or highway line;

2.

Such stairways and balconies are open and unenclosed; and

3.

Such stairways and balconies are not covered by a roof or canopy except as otherwise provided by Subsection B, above.

H.

Covered Patios. Covered patios attached to a dwelling unit may project into a required rear yard, provided that:

1.

Such patio roofs are not closer than five feet to any lot line;

2.

No more than 50 percent of the required rear yard is covered by buildings or other roofed structures, except as provided in Section 22.110.030.E (Replacement of Open Space); and

Such patio shall remain permanently open and unenclosed on at least two sides. This provision does not preclude the placement of detachable screens.

I.

Uncovered Patios. Uncovered patios shall comply with Section 22.110.030.D (Other Accessory Buildings in Rear Yards).

J.

Wall and Window Mounted Air Conditioners, Coolers, and Fans. Wall- and window-mounted air conditioners, coolers, and fans may be used in any required yard, provided that such equipment is not closer than two and one-half feet to any lot line.

(Ord. 2024-0049 § 19, 2024; Ord. 2022-0008 § 80, 2022; Ord. 2019-0004 § 1, 2019.)

No building or structure existing at the time of the effective date of this Section, or by any subsequent amendment to this Section, which is designed, arranged, intended for, or devoted to a use not permitted in the zone in which such building or structure is located, shall be enlarged, extended, reconstructed, built upon, or structurally altered unless the use of such building or structure is changed to a use permitted in the zone where the building is located.

(Ord. 2019-0004 § 1, 2019.)

A.

Conditions. No building or structure shall be moved from one lot or premises to another unless such building or structure can be made to conform to all provisions of this Title 22 relative to all building or structures on the new lot or premises, and shall be made to conform to the general character of the existing buildings in the neighborhood, or better.

B.

For Public Use. Where a building or structure is lawfully located on property acquired for public use (by condemnation, purchase, or otherwise), such building or structure may be relocated on the same lot, even if such building or structure exists as a nonconforming use or even if it is not in compliance with the area or width regulations of this Title 22. Where any part of such building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed, or remodeled, with the same or similar kind of materials as used in the existing buildings.

(Ord. 2019-0004 § 1, 2019.)

A.

Required Area. As used in this Title 22, "required area" means:

1.

The area of a lot which is shown as a part of a subdivision for purposes of sale, recorded as a final map or filed as a record of Survey Map approved as provided in the Subdivision Map Act or as provided in Title 21 (Subdivisions) of the County Code, except that where a lot which otherwise would have been shown as one lot, is divided into two or more lots because of a city boundary line or a line between land the title to which was registered under the Land Title Law (Torrens Title) and land the title to which was not so registered, in which case "required area" means the area of such lot; or

2.

The area of a lot, the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has a right of possession of any contiguous lot or property; provided, that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the Board of the ordinance which imposes the area requirements upon such lot; or

3.

a.

Where a number follows the zoning symbol and Subsection A.1 or A.2, above, does not apply:

i.

A gross area, including that portion, if any, subject to a highway easement or other public or private easement where the owner of the servient tenement does not have the right to use the entire surface, of the number of acres shown by such number if such number is less than 100, provided that the portion of the lot not subject to any such easement shall have an area not less than 40,000 square feet, if the lot was established on or after September 22, 1967, or not less than 32,000 square feet if the lot was established before September 22, 1967, or

ii.

A net area of the number of square feet shown by such number if such number is greater than 100.

b.

"Required area" shall not include the access strip of a flag lot extending from the main portion of the lot to the adjoining parkway, highway, or street.

4.

Where no number follows the zoning symbol and Subsection A.3.a.i or A.3.a.ii, above, does not apply, the required area is:

a.

In Zone C-R, the same as in Zone C-R-5;

b.

In Zone A-2, the same as in Zone A-2-10,000;

c.

In Zones R-1, R-2, R-3, R-4, R-5, R-A, RPD, A-1, R-R, CPD, and M-3, the same as in Zone R-1-5000;

5.

A lot shown as such on a subdivision for the purpose of lease only does not have the required area unless it complies with Subsection A.2, A.3, or A.4, above;

6.

The area of a lot created prior to March 4, 1972, for which a certificate of compliance has been granted pursuant to Section 21.60.060 (Notices of Violation);

7.

The area of a lot for which a Variance (Chapter 22.194) application for lot area has been approved shall be deemed to have the required area;

8.

Notwithstanding any contrary provisions of this Subsection A, lots created within a compact lot subdivision shall be in compliance with Section 22.140.585.F.1.a (Required Area).

B.

Required Width. As used in this Title 22, "required width" means:

1.

The average width of a lot which is shown as part of a subdivision recorded as a final map or filed as a Record of Survey Map in accordance with law, except that where a parcel which otherwise would have been shown as one lot is divided into two or more lots because of the city boundary line or a line between land, the title to which is registered under the Land Title Law (Torrens Title) and land the title to which is not so registered in which case the "required width" means the average width of such lot;

2.

The average width of a lot, the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has the right of possession of any contiguous lot, provided that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the Board of the ordinance which imposes the width requirement upon such lot;

3.

The width specified by any legislative restriction except in those cases in which the Hearing Officer, in approving a tentative map of a subdivision as provided in Title 21 (Subdivisions) of the County Code, finds, pursuant to Section 21.52.010 (Modification or Waiver of Provisions Authorized When) of such Title that such width should be modified;

4.

An average width of 60 feet if the required area is 7,000 square feet or more; or

5.

An average width of 50 feet where there is a required area and such required area is less than 7,000 square feet. If there is no required area, there is no required width.

6.

Exceptions.

a.

Neither Subsection B.4 nor B.5, above, applies except in the Lancaster District No. 31 and Palmdale District No. 54, which are established in Section 22.06.060 (Zoned Districts Established).

b.

Except in the zoned districts in Subsection B.6.a, above, and except where a legislative restriction requires an average width of 60 feet, the average width of a lot created pursuant to Section 22.110.160 (Resubdivision Conditions for Undersized or Underwidth Lots) need not be more than 50 feet even if the required area is 7,000 square feet or greater.

c.

Notwithstanding any contrary provisions of this Subsection B, lots created within a compact lot subdivision shall be in compliance with Section 22.140.585.F.1.b (Required Width).

(Ord. 2021-0010 § 23, 2021; Ord. 2020-0032 § 21, 2020; Ord. 2019-0004 § 1, 2019.)

22.110.140 - Required Area or Width for Specific Circumstances.

A.

Required Area - For a Housing Permit. Where a Housing Permit (Chapter 22.166) application for projects subject to Chapter 22.120 (Density Bonus) or Chapter 22.121 (Inclusionary Housing) is approved, lot area requirements specified by said approval shall be deemed the required area established for the lot or the lots where approved.

B.

Required Area—Reduced by Certain Public Uses—Computation. If a lot has not less than the required area, and after creation of such lot a part thereof is acquired for a public use other than for highway purposes, in any manner including dedication, condemnation, or purchase, and if the remainder of such lot has not less than 80 percent of the area indicated by the number which follows the zoning symbol, such remainder shall be considered as having the required area. If no number follows the zoning symbol, the following numbers shall be deemed to follow the zoning symbol:

1.

The number 5 in Zone C-R;

2.

The number 10,000 in Zone A-2; and

3.

The number 5,000 in Zones R-1, R-2, RPD, R-A, A-1, R-R, CPD, and M-3.

C.

Required Area—Reduced for Highways—Conditions. If a lot has not less than the required area and after the creation of such lot a part thereof is acquired for highway purposes exclusively, in any manner including dedication, condemnation, or purchase, and if the remainder of such lot has not less than 75 percent of the required area, then such remainder shall be considered as having the required area, provided the remaining portion of said lot has an area of not less than 2,500 square feet, or an area as is otherwise provided herein. The Director, without notice of hearing, may approve a reduction of lot area to 75 percent of the required area where the remaining lot would have less than 2,500 square feet, but not less than 2,000 square feet, where topographic features, subdivision design, or other conditions create an unnecessary hardship or unreasonable limitation making it obviously impractical to comply with the stated minimum.

D.

Required Width—Reduced by Public Use—Conditions. If a lot has not less than the required width, and after the creation of such lot a part thereof is acquired for public use in any manner, including dedication, condemnation, or purchase, if the remainder of such lot has an average width of not less than 40 feet, such remainder shall be considered as having the required width.

E.

Conveyance or Division of Land—Lot Area and Width Restrictions. Except a conveyance for public use or as otherwise provided in this Chapter, a person shall not divide any lot, and shall not convey any lot or any portion thereof, if as a result of such division or conveyance the area or average width of any lot is so reduced, or a lot is created, which lot has an area or average width less than:

1.

Sufficient so that the number and type of structures on such resulting lot comply with the provisions of this Chapter;

2.

The required area, or required width, if any portion of such lot is in Zone R-1, R-2, R-3, R-4, R-A, A-1, A-2, C-R, or M-3; or

3.

The required area or required width, if any portion of such lot is in Zone RPD or CPD, except as otherwise provided in this Section, or by a Conditional Use Permit (Chapter 22.158) for a planned residential or commercial development pursuant to Section 22.18.050 (Development Standards and Regulations for Zone RPD) or Section 22.20.080 (Development Standards for Zone CPD).

F.

Temporary Dwellings. The provisions of this Chapter do not prohibit the use for residential purposes of any temporary building on any such lot in Zones R-1, R-2, R-A, A-1, or A-2, pending the construction and completion of a permanent residence building thereon, in the event that such temporary building contains an aggregate floor area of not to exceed 400 square feet and the nearest portion thereof is located 75 feet

or more from the front line of such lot, if in Zones R-1, R-A, or R-2, or not less than 50 feet from the street or highway upon which such property fronts if in Zones A-1 or A-2, and in the further event that such temporary buildings and each portion thereof is distant not less than 30 feet from the designated site of such permanent building and each portion thereof.

G.

Sales—Portions of Lots. Where a portion of a lot is sold or transferred and as a result of such sale or transfer one or more lots are created of such an area that the number and locations of the buildings thereon no longer conform to the requirements of this Chapter, then, in the determination of the permissible number and location of any buildings on any other lot so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one lot.

H.

Sales—Contracts Voidable When. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this Chapter is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed or conveyance, sale, or contract to sell, but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, his assignee, heir, or devisee.

(Ord. 2021-0010 § 24, 2021; Ord. 2019-0053 § 19, 2019; Ord. 2019-0020 § 11, 2019; Ord. 2019-0004 § 1, 2019.)

22.110.150 - Substandard Lots.

A.

Required Area for Undersized Lots. If, as a result of the normal division of an undersized section of land, a lot would be created having less than the required area, such lot shall be considered as having the required area, provided that:

1.

In no event shall more lots be created under this Section than would result from the breakdown of a normal section of land in the same zone;

2.

This Subsection A shall apply only to lots when division of a normal section would create lots having not less than a minimum gross area of two and one-half acres;

3.

The total reduction of all lots in a division of an undersized section shall not exceed 10 percent;

4.

No lot shall be created which contains less than a minimum gross area of two and one-quarter acres; and

5.

The creation of such lots shall meet all the requirements of Title 21 (Subdivisions) of the County Code.

B.

Substandard Area or Width. A building or structure shall not be erected, constructed, altered, enlarged, occupied, or used in Zones R-1, R-A, A-1, or A-2 on any lot which has less than the required area or the average width of which is less than the required width.

(Ord. 2021-0010 § 25, 2021; Ord. 2019-0004 § 1, 2019.)

22.110.160 - Resubdivision Conditions for Undersized or Underwidth Lots.

A.

Undersized Lots.

1.

The owner of two or more contiguous lots, one or more of which has an area less than that indicated by the number which follows the zoning symbol, or, if no number follows the zoning symbol, less than five acres if in Zone C-R, or less than 10,000 square feet in Zone A-2, or less than 5,000 square feet in any other zone, may file a map with the Director resubdividing such lots into the same number or a lesser number of lots. The Director may approve such map if:

a.

The lot on such map having the smallest area has an area not less than the original lot having the smallest area;

b.

The lot on such map having the narrowest average width has an average width not less than that of the original lot having the least average width, except that such average width need not be more than 60 feet if the required area is 7,000 square feet or more and need not be more than 50 feet in other cases; and

c.

The division made by such map tends to promote the public health, safety, comfort, convenience, general welfare, and other purposes of this Title 22 to a greater extent than the division of the original lots.

2.

Each lot shown on a map approved by the Director pursuant to this Section shall be deemed to have the required area.

B.

Underwidth Lots.

1.

The owner of two or more contiguous lots, one or more of which has an average width of less than 50 feet if the required area is less than 7,000 square feet or of less than 60 feet if the required area is 7,000 square feet or more, may file a map with the Director resubdividing such lots into the same or a lesser number of lots. The Director may approve such maps if:

a.

The areas of the lots created by such map are either equal to the required area or could be approved pursuant to Subsection A, above;

b.

The lot on such map having the narrowest average width, has an average width not less than that of the original lot of land having the least average width, except that such average width need not be more than 60 feet if the required area is 7,000 square feet or more and need not be more than 50 feet in other cases; and

c.

The division made by such map tends to promote the public health, safety, comfort, convenience, general welfare, and other purpose of this Title 22 to a greater extent than the division of the original lots.

2.

Each lot shown on a map approved by the Director pursuant to this Section shall be deemed to have the required width.

C.

Contiguous Narrow Lots.

1.

Where, prior to the territory being zoned R-1, R-2, R-A, A-1, or A-2, lots exist not less than 100 feet deep but less than 50 feet wide, if two or more such contiguous lots, or one or more such contiguous lots and one or more lots also contiguous thereto which have a depth of not less than 100 feet, have a total frontage of not less than 50 feet, such lots may be treated and considered as one lot.

2.

If such lot is in Zone R-1, R-A, A-1, or A-2, two single-family dwellings may be constructed thereon and so used. If such lot is in Zone R-2, two single-family dwellings or two two-family dwellings or one single-family dwelling and one two-family dwelling may be constructed thereon and so used.

D.

Notwithstanding Subsections A, B, and C above, the owner of two or more contiguous undersized lots, underwidth lots, or narrow lots in Zone R-2, R-3, or R-4 may file a map with the Director resubdividing such lots into compact lots, subject to all applicable provisions set forth in Section 22.140.585.

(Ord. 2020-0032 § 22, 2020; Ord. 2019-0004 § 1, 2019.)

With the exception of flag lots that are created within a compact lot subdivision, all flag lots shall be subject to the following:

A.

Measurement. Average width and depth of flag lots shall exclude the access strip for the lot. For example, see Figure 22.110.170-A, below.

FIGURE 22.110.170.A: FLAG LOT WIDTH AND DEPTH

==> picture [201 x 360] intentionally omitted <==

B.

Development. The development of a single-family residence on a flag lot shall comply with the following:

1.

Yards.

a.

Front, side, and rear yards required by this Title 22 shall be established on the main portion of a flag lot exclusive of the access strip.

b.

In lieu of any yard required by this Title 22, a uniform distance of 10 feet from all lot lines may be substituted.

2.

Access Strip. The access strip shall be maintained clear except for driveways, landscaping, fences, or walls, which shall be subject to the same requirements specified for yards on adjoining properties fronting on the same parkway, highway, or street.

(Ord. 2020-0032 § 23, 2020; Ord. 2019-0004 § 1, 2019.)

Adequate sight distance from any driveway or access road to the public right-of-way shall be maintained to the satisfaction of Public Works. The placement of any object, such as fencing, walls, structure, or storage adjacent to the driveway or access road at the property line may be subject to review by Public Works.

(Ord. 2022-0008 § 81, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Regional Planning. Yard or setback regulations required by this Title 22 may be modified with the approval of a Yard Modification (Chapter 22.196) application.

B.

Public Works. The Director of Public Works, without notice or hearing, may grant a modification to yard or setback regulations required by this Title 22 or any other ordinance where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the yard requirements or setback line, except for the supplemental yards established contiguous to limited secondary highways, as described in Section 22.110.080.E, may be modified with the approval of a Yard Modification (Chapter 22.196) application. The Director of Public Works shall notify the Director of all modifications which the Director of Public Works has granted.

(Ord. 2023-0038 § 6, 2023; Ord. 2022-0008 § 82, 2022; Ord. 2019-0004 § 1, 2019.)

The Director, without notice or hearing, may grant a modification of yard and setback regulations for public sites unless such modification would be incompatible with adjoining development.

(Ord. 2022-0008 § 83, 2022.)

Chapter 22.112 - PARKING

22.112.010 - Purpose.

This Chapter:

A.

Establishes comprehensive parking provisions to effectively regulate the design of parking facilities and equitably establish the number of parking spaces required for various uses;

B.

Promotes vehicular and pedestrian safety and efficient land use;

C.

Promotes compatibility between parking facilities and surrounding neighborhoods and to protect property values by providing such amenities as landscaping, walls, and setbacks; and

D.

Establishes parking requirements to assure that an adequate number of spaces be made available to accommodate anticipated demand in order to lessen traffic congestion and adverse impacts on surrounding properties.