Modoc County Municipal Code Ch. 12.04 Building Line Setbacks

The board of supervisors declares:

A. That the county is engaged in developing a Master Plan of Streets and Highways and official plans for streets and highways within the county for the purpose of assuring ample transportation facilities for the present and the future;

B. That the magnitude of the undertaking precludes such plans being completed in their entirety in time to fully guide the rapid development occurring within the county;

C. That the surveys, hearings, map preparation and requirements of law governing such matters necessitate such detailed plans being developed progressively;

D. That to conserve the public interest and to assure economies and the public safety and welfare, it is imperative that necessary rightsofway for streets and highways within the county be protected against encroachment by permanent physical improvements the existence of which would make unnecessarily difficult or make impractical the retention, or creation, of thoroughfares adequate in alignment, dimensions and vision clearance to serve the public needs, safety and welfare;

E. That to deal effectively with the practical problem thus presented, it is necessary to establish certain minimum building line setbacks on a countywide basis.

(Ord. 154 §1, 1955)

Building line setbacks are established within which it is unlawful to erect buildings of any kind; or to erect any structure including, but not confined to, derricks, windmills, silos, motion picture screens, advertising structures or solid walls; or to establish any well, whether for water, oil or other hydrocarbon products, or to make excavations or install any subsurface structure of any kind; provided such prohibition shall not apply to trees, agricultural crops, open fences, or public utilities installed under authority of law, or any building, structure, well excavation or subsurface structure existing on the effective date of the ordinance codified in this chapter; and further provided that such prohibition shall not apply to installation of metal poles to support single or cluster lamps for floodlighting the premises upon which such installation is made, provided such installations of such poles shall be subject to the following conditions:

A. That such installation shall be removed at no expense to the county or the state, and upon order of the county or the state in connection with a future widening of the thoroughfare;

B. That a sign, illuminated or unilluminated, and having an area of not more than thirtysix square feet on each of two sides, and pertaining only to the business or establishment located on the same premises, may be attached to one such pole on each site;

C. Any light or lights or any sign installed on such pole shall be placed not less than twelve feet above the ground level;

D. Floodlights installed on such poles shall be equipped with shields so adjusted as to deflect direct rays from public roadways;

E. Illuminated signs shall be nonflashing, and shall not be so located that any green, yellow or red light thereon will materially or practically tend to interfere with an approaching driver readily distinguishing a traffic signal in the same approximate line of vision.

(Ord. 154 §2, 1955)

A. Unless otherwise provided in this chapter, a building line setback is established along each side of every street, road or highway in the county road system, or dedicated to the public use. Such building line setback shall be located parallel to and distant fifty feet from the established centerline of the rightofway of each such street, road or highway. The space between such building line setback and the nearest margin of the thoroughfare to which it is contiguous shall be kept free of all structures, as provided in Section 12.04.020.

B. Certain particular thoroughfares, or parts thereof, may be specifically excepted from the provisions of subsection A of this section.

(Ord. 154 §3, 1955)

No zoning or subdivision ordinance, or amendment thereto, is to be construed as permitting a building line setback less than that provided in this chapter, nor is this chapter to be construed as permitting a front yard depth or side yard depth less than may be provided in any zoning or subdivision ordinance.

(Ord. 154 §5, 1955)

If unnecessary hardships or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement thereof in relation to properties which, because of size, shape, location or other special circumstances might be unreasonably or inconsistently affected by the provisions of this chapter, subject to the approval of the board of supervisors, a variance may be granted by the board as may be in harmony with the general purpose and intent of this chapter, so that the spirit of the chapter shall be observed, public safety and welfare served, and substantial justice done; provided, that the granting of such a variance would assure full justice to such property, and at the same time conserve the public safety and welfare. It shall be the duty of the board of supervisors to assure such ends, and provided, further, that the granting of such variance or submitting such recommendation shall be subject to the following provisions.

A. A public hearing shall be held for purpose of considering any such application.

B. Notice of the hearing shall be given not less than ten days prior thereto by postal card or letter to the Division of Highways, California Department of Transportation (when affected); the Modoc County road department; each owner of real property within a radius of five hundred feet of the site of the proposed variance, as shown on the latest records of the county assessor; and the applicant. Such notice shall state the time and place of the meeting, the name and address of the applicant, the general location of his property, and a brief statement of the variance sought.

C. Within not to exceed forty days following such hearing, the board of supervisors shall, by resolution, recite in full its findings upon which it bases its approval or disapproval of such variance, or upon which it bases its alternative recommendation.

D. A copy of such resolution containing the recommendations of the board of supervisors shall be mailed to the applicant, using therefor the address shown upon the written application.

(Ord. 154 §4, 1955)

All officers and employees of the county, authorized or required by law to issue permits, licenses or other evidences of authority for the erection or location of any building, structure or installation within the meaning of this chapter shall issue no such permit, license or other evidence contrary to the provisions of this chapter. Any such permit, license or evidence issued in conflict with the provisions of this chapter shall be null and void.

(Ord. 154 §6, 1955)

Any person, firm or corporation who erects, locates or installs, or who causes to be erected, located or installed any building, structure, excavation, well, or subsurface structure, contrary to the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than three hundred dollars, or by imprisonment in the county jail for a period of not more than ninety days, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is permitted or continued by such person, firm or corporation, and shall be punishable therefor as provided in this chapter; provided, that any building, structure, well, excavation or subsurface structure existing on the effective date of the ordinance codified herein shall not be deemed to be a violation of this chapter.

(Ord. 154 §7, 1955)