Menifee Zoning Code Ch. 9.160 General Development Standards

Contents:

9.160.010 Purpose

9.160.020 Applicability

9.160.030 Setback Requirements and Exceptions

9.160.040 Building Height Measurements and Exceptions

9.160.050 Access

9.160.060 Intersection Sight Distance

The purpose of this chapter is to provide general development standards in order to ensure that future development is well designed, has a desirable character, and is integrated with existing and future development.

The standards of this chapter apply to more than one zoning district (residential, commercial, etc.). To eliminate redundancies, these standards have been combined in this chapter. These standards shall be considered in combination with any additional standards outlined in the individual zones included in Article III (Zones). Where there may be a conflict, the standards specific to the zoning district shall override the general standards in this chapter. In addition to the standards of this chapter, the City of Menifee Design Guidelines and Objective Design Standards for SB 35 qualified multi-family residential projects are incorporated by reference.

(2022-338, 04/06/2022)

Effective on: 5/6/2022

This section establishes standards to ensure the provision of open areas around structures for visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

1. Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Article 3 (Zones), and with any special setbacks established for specific uses by this Title. Except as otherwise specified in this Title, required yard areas shall be kept free of buildings and structures. Each yard shall be open and unobstructed from the ground upward, except as provided in this section. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way.

2. Exemptions from Setback Requirements. The minimum setback requirements of this Title apply to all uses except the following:

3. Fences or walls constructed within the height limitations of this Title;

4. Decks, freestanding solar devices, steps, terraces and other site design elements that are placed directly upon the finished grade and do not exceed a height of 18 inches above the surrounding finished grade at any point;

5. Retaining walls less than 3 feet in height above the finished grade;

6. Water elements such as fountains, ponds and other water treatments, may be placed in setback areas, provided they are integral to the overall architectural or landscape design of the site and do not create a traffic safety hazard;

7. Public art, such as sculptures, statues, murals and other installations of an adequately durable and weatherproof design, may be placed in street setback areas, provided they are integral to the overall architectural or landscape design of the site and do not create a traffic safety hazard.

8. Measurement of Setbacks. Setbacks shall be measured as follows (see Figure 9.160.030-1):

9. Front Yard Setbacks. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. The setback shall be measured at right angles from the front property line, establishing a setback line parallel to the front property line that extends from the side property lines on each side. In the case of a lot abutting two or more streets (corner lot), the front yard shall be the shortest length of the lot abutting a street, unless otherwise designated by the Community Development Director.

10. Flag Lots. The measurement shall be taken 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 building line parallel to the lot line nearest to the public street or right-of-way.

11. Interior Side Yard Setbacks. The interior side yard setback shall be measured at right angles from the nearest point on the interior side property line, establishing a setback line parallel to the side property lines that extends between the front and rear yards.

12. Corner Side Yard (street side) Setbacks. The side yard on the street side of a corner parcel shall be measured at right angles from the nearest point of the side property line adjoining the street, establishing a setback line parallel to the side property line that extends between the front and rear yards.

13. Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel, establishing a setback line parallel to the rear property line that extends between the side property lines.

14. Through Lots. On through lots, either lot line separating such lot from a street may be designated as the front lot line. In such cases, the minimum rear yard shall not be less than a required front yard in the zone in which such lot is located.

4. Allowed Projections into Setbacks. The following architectural features, not providing additional floor space, may extend into the front, side and rear yard setbacks, only as follows:

5. Chimneys/Fireplaces. A chimney/fireplace, up to 6 feet in width, may extend 2 feet into a required setback, but no closer than 3 feet to a side or rear property line.

6. Canopies, Cornices, Eaves, Roof Overhangs and Wall Projections. Architectural features on the primary structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves, wall projections, overhangs and decorative features, that do not increase the floor area enclosed by the structure may extend 2 feet into required yards.

7. Porches and Stairways. Covered, unenclosed porches, located at the same level as the entrance floor of the structure and outside stairways and landings that are not enclosed, may extend 3 feet into required yards, with a minimum 5-foot setback to the rear property line.

8. Attached Covered Patios. Covered but unenclosed patios and pergolas attached to the primary structure may extend no more than 50% into a required rear yard setback.

9. Mechanical Equipment. Ground- mounted outdoor air conditioning units and mechanical equipment for indoor climate control, pool equipment, or solar equipment may extend 3 feet into the rear yard and 2 feet into the side yard. Mechanical equipment is not permitted in the front yard.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

The following rules apply to the calculation and determination of height of structures in the city. The intent of these regulations is to provide for compatibility in the measurement of building height under a variety of circumstances (e.g., sloped site).

5. Height Measurement. The height of a structure shall be measured as the vertical distance from the average finished grade at the perimeter of the structure to the highest point of the structure.

6. Height Limits. Height limits are established throughout this Title. Primarily, height limits are listed in the chapters of Article 3 (Zones) in development standards by zone. Additional height limits are established for accessory structures, fences and walls, outdoor lighting and signs and are contained in subsequent chapters of this Article 4.

7. Height Exceptions. Height limits typically exclude architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevators, windmills and similar mechanical equipment.

8. Architectural Features. Chimneys, cupolas, flagpoles, monuments, radio and other towers, gas storage holders, water tanks and similar structures and mechanical appurtenances may be permitted in excess the zone's of building height limits by no more than 15 feet, provided, however, that the same may be safely erected and maintained at such height in view of the specific conditions and circumstances affecting the structure and adjacent properties.

9. Structures in Residential Districts.

10. Antenna, Noncommercial. One noncommercial antenna may be permitted up to 52.5 feet in height for each parcel. Antennas shall be set back from all property lines at least 1.25 times the height of the antenna. Height does not include the additional height of whip antennas. Additional antennas shall require a conditional use permit.

11. Windmills, Noncommercial. One noncommercial windmill may be permitted up to 35 feet in height for each parcel. Structures shall be set back from all property lines at least 1.25 times the height of the structure, measured to the top of the highest element of the structure. Additional windmills shall require a conditional use permit. Up to a 50% increase in height, to 52.5 feet, may be approved subject to a conditional use permit.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

1. Access to Streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to city standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking.

2. Access to Structures.

3. Accessory structures and architectural features shall not obstruct access to primary structures or accessory living quarters. Also refer to Chapter 9.165 (Accessory Structures).

4. Fences and walls blocking access shall incorporate an access gate or other suitable opening at least 12 feet or greater in width, or per Fire Department requirements, to provide vehicle access to parking areas and at least 48 inches in width to allow pedestrian access to primary or accessory structures.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

1. A sight visibility area shall be provided at the intersection of all streets and of all streets and major driveways leading to common parking areas (excluding single-family residential).
2. Nothing shall be placed or allowed to grow in the corner cutoff area greater than 36 inches from the top of the curb that obstructs visibility or threatens vehicular or pedestrian safety. The sight visibility area requirement is based upon Public Works Department Standard 81 "Intersection Site Distance."